Archive for the ‘CASL’ category

Developments in computer, Internet and e-commerce law: the year in review (2017-2018)

June 14th, 2018

I gave my annual presentation today to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covers the period from June 2017 to June 2018. The developments include cases from Canada, the U.S. the U.K., Singapore, Australia, and other countries.

The developments are organized into the broad topics of:

  • Jurisdiction/Online Remedies/Conflicts of Laws
  • Hyperlinks/Search Results/Computer Generated Content
  • e-Commerce & Online Agreements
  • Technology Contracting
  • Privacy
  • Copyright
  • CASL.

The cases referred to are listed below. My slides can be viewed after the case listing. These and many other cases will be added to my 7 volume book on Computer, Internet and E-Commerce Law (1988-2017).

Canadian government response to copyright and digital policy issues

April 24th, 2018

The Internet and other digital technologies are transforming the everyday lives of all Canadians. The pace of change requires our legislative frameworks to be continually reviewed and adapted to these changing needs. The current government is tackling these challenges on numerous fronts including most recently in respect of copyright, anti-spam law (CASL), and privacy.

Copyright

The government has now started its mandatory review of the Copyright Act. The review was proceeded by a letter from Minister Bains and Heritage Minister Joly, both of whom share the copyright file, which provided some guidance to the INDU Committee. The letter underscored the importance of copyright to all stakeholders including that:

CASL: my appearance before the INDU Committee

October 6th, 2017

I had the privilege of appearing before the INDU Committee studying CASL yesterday. Here are my speaking notes. You can listen to the proceedings via ParlVU.

______________________

I thank the Committee for inviting me here today. What you are doing is very important. CASL is flawed and needs re-examination.

I am a senior partner with the law firm McCarthy Tetrault. I am also an Adjunct professor of intellectual property law at Osgoode Hall Law School and am on the advisory boards of the think tanks Macdonald Laurier Institute (MLI) and CIGI. I am here today in my personal capacity.

CASL Private Right of Action delayed and Government to review CASL

June 7th, 2017

CASL in its present form was a big mistake. The private right of action (PRA) which was scheduled to come into effect July 1, 2017 would have compounded the adverse effects of this flawed, overly-broad, indefensible, and likely unconstitutional law. See,  CASL’s private right of action.

The Government strongly signaled today that it is prepared to fix or at least mitigate some of the excessive elements of the CASL regime. This is something that every sector of the Canadian public including charities, not-for profit and educational institutions, private individuals, small, medium and large businesses, retailers, publishers, financial institutions, technology and telecom companies had been asking for even before CASL came into force. See, Canada’s anti-spam law (CASL), too much of a good thing .

CASL, the University Sector, and the Private Right of Action

June 5th, 2017

I had the pleasure of speaking to the Council of Ontario Universities last week on the topic of Canada’s anti-spam law (CASL). July 1, 2017 is a milestone date with the private right of action (PRA) slated to come into force and the transitional period for the existing and non-existing business relationship implied consent provision coming to an end. Both these events are causing significant anxiety across the country and in countries with organizations doing business with Canadians, in all sectors. (My e-mail in-box and phone have been “ringing” off the hook.)

Misguided Policy: CASL’s Private Right of Action for Competition Act Reviewable Conduct

March 15th, 2017

This is a guest blog post by Donald Houston and Jonathan Bitran of McCarthy Tétrault LLP.**

While much has been written about the impending CASL private rights of action, less has been said about the new private right of action CASL will tack on to the Competition Act for misrepresentations in electronic messages. ‎

CASL’s private right of action

August 29th, 2016

Canada has the most onerous anti-spam/anti-malware law (CASL) in the world. In less than a year, July 1, 2017, it is going to become even worse. That’s when the private right of action (PRA) comes into force.

Since its inception, the anti-spam and anti-malware portions of the Act (ss.6-9) have been enforced by the CRTC. But when the PRA becomes law organizations big and small including charities, small businesses and even children marketing their first lemonade stands – and their officers, directors and agents – could become liable for millions of dollars in penalties.

John Kasich Trumped by CASL, Canada’s anti-spam law?

March 22nd, 2016

Last week I received several unsolicited emails including the one shown below asking for a donation to support Republican party leader hopeful John Kasich. The e-mail was sent without the remotest chance of there being an express or implied consent and without compliance with the prescribed information requirements of Canada’s much vilified anti-spam law, CASL.

kasich email

There is no doubt that Canadians have an important interest in who wins the US Presidential party nominations. Given the importance of the stakes, Canadian residents eligible to make a donation might have welcomed receiving the solicitation.

CASL: the looming disaster

December 10th, 2015

Another day, another article slamming CASL. Yesterday it was called “a bad law” in an FP Comment.  Today’s article titled CASL: A high-level look at the looming disaster called CASL “draconian” and stated “It’s hard to believe that antispam legislation can be this disastrous, but it’s true.” Well these authors can join an esteemed club. CASL has been ridiculed by the press which has called it, among other things, a Monty-Python-esque farce and Spamaflop, deeply stupid, and a sledgehammer that is ludicrous regulatory overkill. Its all that and more including almost certainly being unconstitutional.

CASL is a bad law

December 9th, 2015

CASL is a bad law and cannot reasonably be justified on any basis. On that issue, I recommend you read a feature article in the Financial Post today The great anti-spam cash grab. Here are a few choice extracts from the article.

CASL is a bad law. It offers no benefit to consumers, yet imposes red tape and additional costs on businesses. Worse still, it reduces competition, actually harming consumers. Finally, it is inconsistent with Canada’s free market economy and very likely unconstitutional…

CASL cannot work. It is incapable of stopping most spam…

Meanwhile, CASL imposes large costs on businesses…