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Canadian Journal of Law and Technology

Authors

Suzanne White

Keywords

commercial information, confidentiality

Abstract

Commercial information, once relegated to paper files stored in cabinets, is now more likely to be in digital form, allowing a myriad of people to access its contents. These electronic storehouses can subsequently be stored on the Internet, providing a handy but some- what risky means of archiving valuable information. The United States Court of Appeals (1st Circ.) judgment EF Cultural Travel v. Explorica1 is a clear indicator of the way in which the advent of the Internet has completely changed the constructive meaning of the traditional ‘‘office file’’. This paper attempts to provide an under- standing of the scope and potential impact on policy relating to confidential information and the use of Internet robots. In addition, this paper will provide an assessment of whether or not the same — or similar — facts of the Explorica decision could be successfully argued under all relevant and equivalent Canadian law relating to the protection of confidential commercial information.

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