Archive for the ‘malware’ category

CASL don’t forget about the computer program “malware” and “spyware” provisions

April 7th, 2014

Earlier today, I co-chaired the program Countdown to Canada’s Anti-Spam Legislation: Make Sure You Are Ready, jointly provided by the Ontario Bar Association and the Law Society of Upper Canada. I gave an overview of CASL focusing on the computer program provisions before moderating the “Ask the Experts” Q&A panel.

My slides on the computer program provisions are shown below.

 

NSA spying, cyber security and liability under Canada’s anti-spam spyware law CASL

September 9th, 2013

Last week the Guardian and New York Times ran stories claiming that NSA and its UK counterpart GCHQ have developed or employed means to crack the security being used to protect the privacy of personal data, online transactions, e-mails and other internet communications. According to the reports, the intelligence agencies have, among other things, collaborated with technology companies and ISPs to insert secret vulnerabilities – known as backdoors or trapdoors – into commercial encryption software, computer chips, and devices, covertly influenced their product designs, and introduced weaknesses into security standards. Intensive efforts have been made to crack security in widely used online protocols in Canada such as HTTPS, voice-over-IP, Secure Sockets Layer (SSL), virtual private networks (VPNs), and the protection used on 4G smartphones. Reportedly, companies have collaborated voluntarily or by being legally compelled to do so.

Evaluating the Industry Canada CASL regulations: my submission to the consultation

February 5th, 2013

Yesterday, along with many organizations, I filed a personal submission to the Industry Canada consultation on the draft Electronic Commerce Protection Regulations. My cover letter addressed to Bruce Wallace of Industry Canada is set out below and is followed by a copy of the complete submission.

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I appreciate the opportunity to provide comments on the above-noted consultations.

I make these comments in my personal capacity and not on behalf of my firm or any of its clients. I write as one of the leading technology lawyers in Canada and the author of a six volume book on Computer, Internet and e-Commerce Law, the most authoritative book on these subjects in Canada. I am also an adjunct Professor of intellectual property law at Osgoode Hall Law School.

Will CASL Hurt Charities? Let Us Count The Ways

February 4th, 2013

Charities, including hospitals, universities, orchestras and other similar not-for-profit organizations will be hard hit by Canada’s new anti-spam legislation, known as CASL, when it comes into effect later in 2013. They will face a diminished ability to communicate with their supporters including donors, patients, volunteers, alumni and other beneficiaries thereby leading, inevitably, to reduced funding and support even as administrative burdens and costs go up.

Evaluating the Industry Canada CASL regulations: countering cyber-security threats

February 1st, 2013

In a previous post, Evaluating the Industry Canada CASL regulations: why they are needed, I suggested that close scrutiny needs to be given to Industry Canada’s new draft Electronic Commerce Protection Regulations. CASL’s “ban all” structure makes it imperative that generous regulations be adopted to ensure that the goal’s of Canada’s new anti-spam/anti-malware law (CASL) are met. In another post, Evaluating the Industry Canada CASL regulations: how to assess them, I proposed a framework for assessing the regulations.

Evaluating the Industry Canada CASL regulations: defining commercial electronic message

January 30th, 2013

In a previous post, Evaluating the Industry Canada CASL regulations: why they are needed, I suggested that close scrutiny needs to be given to Industry Canada’s new draft Electronic Commerce Protection Regulations. CASL’s “ban all” structure makes it imperative that generous regulations be adopted to ensure that the goal’s of Canada’s new anti-spam/anti-malware law (CASL) are met. In another post, Evaluating the Industry Canada CASL regulations: how to assess them, I proposed a framework for assessing the regulations.

CASL in force in 2013

April 27th, 2012

Industry Minister Paradis announced that Canada’s new anti-spam/anti-spyware bill known as CASL will become effectve sometime in 2013. In his prepared remarks to the Canada 3.0 Digital Media Forum, the Minister said: “And the anti-spam legislation, which we expect to take effect next year, will protect both Canadians and businesses against unwanted spam”.

Before CASL can become law, Industry Canada needs to finalize its regulations. New proposed regulations are expected to be published in the Canada Gazette within the next few months. There will then be a short period of time for comments before they become final.  The CRTC regulations have already been finalized.

Will it be illegal to recommend a dentist under Canada’s new anti-spam law (CASL)?

January 3rd, 2012

Over the holidays I got an email from one of my relatives visiting Toronto. She asked me to recommend a dental surgeon for an unexpected tooth extraction. She also asked me to refer her to other dentists to get additional recommendations. I sent her an email with a recommendation to get treatment from a dental surgeon who I encouraged her to see and also provided the name of a family dentist who could make other recommendations. My email included a link to a website of the clinic operated by the dental surgeon. My wife sent a similar email when I told her my relative was looking for a dentist. Later that day I started wondering whether responding to this type of inquiry would be legal or illegal under Canada’s anti-spam law (CASL), once it is proclaimed into force.