Cybersecurity and insurance are increasingly intersecting as the number, frequency, and severity of cyber incidents rise. More businesses and individuals are transferring cyber risks to insurers. Insurers are improving special-purpose coverage options while limiting or excluding coverage under general liability policies. Consumers should assess needs and policies carefully to understand coverage limits and adequacy.
The current nature of social media and, more broadly, the Digital Age, continues to create challenges for legislators and law enforcement officials alike. One such challenge arises in the cyberbullying context, where intimate (or otherwise private) images are uploaded to the Internet. These files can be copied, forwarded and shared instantaneously, making them seemingly impossible to delete retrospectively. There have been developments in both common law in statute.
In the recent decision of the Nova Scotia Supreme Court of Crouch v Snell, the Court struck the Cyber-Safety Act, finding it to be unconstitutional. Specifically, the Court held that the Cyber-Safety Act violated section 2(b) (freedom of expression) and section 7 (the guarantee of life, liberty and security of the person) of the Charter of Rights and Freedoms. What impact does the Crouch v Snell decision have on the Federal cyberbullying laws?