Technology Law: A Comprehensive Annual Review 2024-2025

On June 19, 2025, I had the pleasure of presenting my annual “Computer and IT Law: The Year in Review” to the Toronto Computer Lawyers Group. This year’s talk covered legal developments across a wide range of topics including artificial intelligence, copyright, social media, privacy, cybersecurity, blockchain, online contracting and eCommerce.

As in past years, I prepared a comprehensive written paper to accompany the presentation. The paper spans over 180 pages and canvasses recent jurisprudence and regulatory developments from a variety of jurisdictions including Canada, the United States, the United Kingdom, the European Union, Australia, China, South Africa, Singapore, and India.

Highlights of the 2025 Review

The past year has been marked by an explosion of litigation and regulatory activity, particularly concerning artificial intelligence and copyright. Among the major developments covered:

• Copyright and AI: The year saw the continued surge of lawsuits against AI companies, with at least 44 actions being tracked as of June 2025. These included headline cases like Disney v Midjourney, Getty v Stability AI, and Thomson Reuters v Ross Intelligence. Courts in both the U.S. and China addressed whether AI-generated works can attract copyright protection, with both jurisdictions reaffirming the human authorship requirement.
• AI in the Courts: There has been a growing wave of cases involving the improper use of generative AI in legal proceedings. Courts in Canada, the U.S., and the U.K. imposed or threatened sanctions on counsel who submitted hallucinated or fictitious case law.
• Algorithmic Decision-Making and Collusion: I reviewed decisions such as Mobley v Workday and policy reports which critically examined the risks of automated systems and discrimination.
• Privacy and Social Media: A number of key decisions and regulatory actions focused on platforms, including rulings by Canadian regulators and courts.
• Technology Contracting and Enforcement of Online Terms: We also saw further judicial consideration of enforceability of online terms, class action waivers, and forum selection clauses with courts continuing to address doctrines on unconscionability
• Cryptocurrency and Blockchain: Courts worldwide continued grappling with crypto’s legal status, including property characterization, tracing, freezing injunctions, and damages assessment issues.

The presentation also included discussions on safe harbour and intermediary liability, developments in the law related to enforcing reverse engineering clauses in IT contracts, license agreement issues, and the application of existing legal doctrines to AI and other emerging technologies.

Table of Contents

1. AI, Social Media, Privacy
   1. Copyright AI litigation
   2. Copyright subsistence in AI-generated content
   3. AI used in courts and legal proceedings – case authorities
   4. AI used in courts and legal proceedings – admissibility of evidence
   5. AI used in courts and legal proceedings – aid to judicial decision-making
   6. AI and algorithmic decision-making
   7. AI and algorithmic collusion
   8. AI/social media and tort claims
   9. AI and personality rights
   10. AI/social media and freedom of expression
   11. AI/social media/privacy
   12. Privacy and cybersecurity
   13. Social media liability and safe harbours
   14. Will existing laws apply to AI technologies?
   15. AI and contracting
2. Technology Agreements
   1. General principles
   2. Reverse engineering
   3. Proprietary rights and license agreements
   4. Relational, framework, and supply agreements
   5. Limitations and liability exclusions
   6. SaaS agreements
3. Developments in eCommerce
   1. Meeting writing and signature requirements
4. Cryptocurrencies and Blockchain
   1. Whether cryptocurrencies and smart contracts are property or capital
   2. Express and constructive trusts
   3. Tracing
   4. Specific performance to transfer cryptocurrency
   5. Mareva and freezing injunctions
   6. Assessment of damages
   7. Class actions
   8. Fraud
5. Enforcement of Online Contracts
   1. Enforceability of terms on websites
   2. Enforceability of online terms
   3. Choice of forum clauses
   4. Enforcement of arbitration and class action waivers
   5. Unconscionability
6. Copyright, Trade Secret Misappropriation, and Jurisdictional Issues

Access the Full Paper

The full version of the paper, including citations, is available here:

Computer and IT Law: Year in Review 2024–2025

You can also access my 2024 paper and presentation here:

Year in Review 2023–2024

First published on barrysookman.com and has the hyperlink to the article under barrysookman.com.