Organizations that conduct business online should start preparing for Canada’s new anti-spam and anti-spyware legislation, which was passed in mid-December and is expected to come into force later this year.1 As the Act is complex and the penalties for violating the new law can be severe, organizations should review and modify their online practices, where necessary, at an early opportunity.
Archive for the ‘E-commerce’ category
Canada Passes Anti-Spam and Anti-Spyware Law
January 6th, 2011Export Controls Alert: Canada’s Response to Liberalization of Controls on Ancillary Encryption
June 18th, 2010Canadian controls over the export or transfer of goods, software and technology containing or designed to work with encryption continue to present challenges for Canadian companies. Export permits must be applied for and obtained in order to export information security items or transfer any related technology from Canada to destinations other than the United States. Canada’s Export Control List identifies the goods and technology covered by these requirements and imposes a very low threshold of control — encryption with key lengths in excess of 64 bits (in the case of symmetric algorithms). Further, the available exemptions for mass market items and technology and software in the public domain may only be relied upon in very limited circumstances.
Posted in E-commerce, cryptography controls, encryption controls, export controls
Tags: barry sookman
Developments in Computer, Internet and E-Commerce Law (2009-2010)
May 26th, 2010Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2009-2010). It covers significant developements since my talk last spring.
The slides include a summary of the following cases and statutory references:
Tercon Contractors Ltd. v. British Columbia, 2010 SCC 4
Internet Broadcasting Corporation Ltd. v Mar LLC [2009] EWHC 844 (Ch)
Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Sysytems Pty Ltd [2010] NSWSC 267 (9 April 2010)
Kingsway Hall Hotel Ltd. v Red Sky IT (Hounslow) Ltd. [2010] EWHC 965
Posted in Copyright, Criminal Law, E-commerce, Electronic Commerce Protection Act (ECPA), Fair Dealing, Fair Use, Fundamental breach, Google Book Scanning, Graduated Response, ISP Liability, IT Contracts, Limitations of liability, Patents, Piracy, Presentations, Privacy, Trade Marks, data protection, human rights, intellectual property, isohunt, p2p piracy
Tags: barry sookman computer law Copyright data protection ecommerce law internet law Privacy spam spyware toronto computer lawyers group presentation trademarks
The speech from the throne: a digital strategy and IP reform
March 4th, 2010Yesterday’s Speech from the Throne gives us an insight into the Government’s legislative plans. Many of the initiatives in the throne speech are clearly needed to help bring Canada into the 21st century and to address the threats and opportunities that face us as Canadians and as citizens of a larger world community.
The Government placed significant emphasis on implementing new measures for success in the modern economy and in particular, for building the jobs and industries of the future. As the Government pointed out, we face new challenges, determined new competitors, and are in a “relentless pace of technology” change. We as Canadian “must keep step as the world races forward”.
Clinton’s Remarks on Internet Freedom
January 26th, 2010Last week, US Secretary of State Hillary Clinton, gave an important speech on the importance of freedom of speech on the Internet. Her speech touched upon the remarkable potential of the Internet as a communications medium as well as the difficult policy issues associated with protecting it.
A key message was the importance of keeping the internet open to permit a free exchange of ideas and knowledge:
Posted in E-commerce, Free Speech
Tags: barry sookman cyber-terrorism intellectual property internet freedom
McCarthy Tétrault Co-Counsel: Technology Law Quarterly
November 13th, 2009Table of Contents
Internet/E-World ………………………………………………………………………. 1
E-COMMERCE …………………………………………………………………………………. 1
BC: Appeal Court Finds No Defamation Liability for Hyperlinking …………………………………..1
US: Linden Lab Aims to Make (Second) Life Easier for IP Owners……………………………………1
SPAM………………………………………………………………………………………….. 3
Canada: Industry Committee Amends Anti-Spam Bill ………………………………………………..3
Technology M&A……………………………………………………………………….. 6
TECH-RELATED M&A …………………………………………………………………………. 6
Canada: GPLv3 and Tech M&A………………………………………………………………………..6
Technology Contracting……………………………………………………………….. 8
TECHNOLOGY AGREEMENTS …………………………………………………………………. 8
Canada: New Protection for Licensees of IP — BIA and CCAA Amendments Come into Force ……..8
Canada: Harmonized Sales Tax — Timing Your Tech Purchases…………………………………… 10
OUTSOURCING ………………………………………………………………………………. 11
Ontario: Ontario Government Issues New Guidelines for Consulting Contracts ………………….. 11
Canada: Responding to RFPs — Tips for Suppliers …………………………………………………. 12
Canada: Value Drivers for IT Outsourcing Deals In An Economic Downturn — Part II …………….. 15
Canada: Immigration 101 for IT Companies Bringing Temporary Foreign Workers to Canada……. 18
Intellectual Property ………………………………………………………………….20
COPYRIGHT………………………………………………………………………………….. 20
US: US Court Rejects File-Sharer’s Fair Use Defence ……………………………………………… 20
Canada: Canadian Government Completes Consultations with Canadians on Copyright Reform … 21
UK: UK Government Issues Final Digital Britain Report……………………………………………. 22
Europe: French Graduated Response Law Passes Constitutional Hurdle………………………….. 24
Recent issue posted @ http://mccarthy.ca/pubs/TLQ_Vol5_Issue3_E_online.pdf. Covers recent developments in Internet, e-commerce, tech M&A, tech contracting, IP, privacy and communications.
Developments in Computer, Internet and E-Commerce Law (2008-2009)
May 19th, 2009Presentation given at the Toronto Computer Lawyers’ Group and IT & E-Commerce Section of Ontario Bar Association, on May 19, 2009 in Toronto.
http://www.mccarthy.ca/pubs/TCLG_May_2009_from_2009_Supplement_.pdf
Anti-Spam Bill Raises Concerns
May 12th, 2009On May 8, 2009, the Electronic Commerce Protection Act (ECPA) received a second reading in the House of Commons. The Government of Canada had introduced the bill on April 24th. The intention of the ECPA is “to deter the most dangerous forms of spam, such as identity theft, phishing and spyware, from occurring in Canada” and to “help drive spammers out of Canada.” The bill also contains provisions intended to combat spyware by prohibiting the installation of computer programs without the consent of the computer’s owner. While the objective of the legislation is laudable, the bill’s overly broad language could circumscribe legitimate business-to-business marketing and impact software companies’ ability to deliver upgrades and patches to customers. Section 6(1) of the ECPA states that “No person shall send or cause or permit to be sent to an electronic address a commercial electronic message unless (a) the person to whom the message is sent has consented to receiving it, whether the consent is express or implied; and (b) the message complies [with specified formalities].” Unlike other international anti-spam legislation, the prohibition against unsolicited commercial messages in the ECPA is not limited to messages sent with some element of fraud or misleading information, sent with an “intent to deceive or mislead,” sent to addresses that were gathered using “automated means,” or sent in bulk.
Posted in E-commerce, Electronic Commerce Protection Act (ECPA)
Tags: barry sookman bill c-27 ECPA spam spyware
Toronto Computers Lawyers Group (2006-2007)
June 26th, 2007Posted in Copyright, E-commerce, Patents, Presentations, Privacy, Trade Marks
Tags: barry sookman Copyright E-commerce file-sharing ISP Liability PIPEDA
This site is published by Barry Sookman personally. It is not affiliated with McCarthy Tétrault or any of its clients. Full bio 