Archive for the ‘Electronic Commerce Protection Act (ECPA)’ category

Developments in Computer, Internet and E-Commerce Law (2009-2010)

May 26th, 2010

Here 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

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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

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Government introduces bills to fight SPAM and spyware and to amend PIPEDA

May 25th, 2010

Earlier today the Government introduced two important Bills – Bills C-28 and C-29.

Bill C-28, Fighting Internet and Wireless Spam Act, is the re-introduction of the Electronic Commerce Protection Act (ECPA). It is essentially the Bill as passed by the House of Commons just before the olympics with a few changes. Most of the changes are to harmonize the language to drafting conventions or to clarify the legislative intent.

The Bill is a major improvement over the initial version of the ECPA which was significantly improved during the Industry Committee review.

The Bill would do the following:

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The speech from the throne: a digital strategy and IP reform

March 4th, 2010

Yesterday’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”.

This is a preview of The speech from the throne: a digital strategy and IP reform. Read full post.

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Posted in ACTA, Copyright, E-commerce, Electronic Commerce Protection Act (ECPA), Piracy

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McCarthy Tétrault Co-Counsel: Technology Law Quarterly

November 13th, 2009
Table 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.

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Posted in Copyright, E-commerce, Electronic Commerce Protection Act (ECPA), Outsourcing, Privacy, Trade Marks

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Industry Committee Amends Anti-Spam Bill (ECPA)

October 27th, 2009

By Barry Sookman and James Gannon

In May of this year, we sent an e-Alert that reviewed the concerns many Canadian businesses had expressed with the first draft of Bill C-27 – the Electronic Commerce Protection Act (ECPA). The Bill was criticized for containing overly broad anti-spam and anti-spyware provisions that would have rendered illegal many common legitimate commercial practices. It would have potentially exposed businesses to millions of dollars in fines and liabilities for activities that were unrelated to sending spam emails or installing spyware programs.

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Anti-Spam Bill Webinar

May 28th, 2009

McCarthy Tétrault recently hosted a webinar on Bill C-27, the Electronic Commerce Protection Act (ECPA), Canada’s proposed legislation to curtail spam and spyware. Partners Barry Sookman, Charles Morgan and Lorne Salzman discussed some of the issues with the current bill and its implications for Canadian businesses.

Barry Sookman outlined the objectives of the bill and discussed the anti-spam provisions, noting the broad prohibition against sending unsolicited commercial electronic messages in terms of the technology affected and the content captured. He observed that Bill 27, unlike anti-spam legislation in other jurisdictions, 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. Barry also provided some surprising examples of types of communications that might be classified as “spam” under the legislation, as currently drafted.

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Developments in Computer, Internet and E-Commerce Law (2008-2009)

May 19th, 2009

Presentation 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

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Posted in Copyright, E-commerce, Electronic Commerce Protection Act (ECPA), Presentations, Privacy, Trade Marks

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Anti-Spam Bill Raises Concerns

May 12th, 2009

On 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.

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Posted in E-commerce, Electronic Commerce Protection Act (ECPA)

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