Evaluating the Industry Canada CASL regulations: jurisdictional overreach

January 25th, 2013 by Barry Sookman No comments »

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 IC CASL regulations: the B2B exception and Non-business entities

January 22nd, 2013 by Barry Sookman No comments »

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: the B2B exception (Part I-SMEs)

January 21st, 2013 by Barry Sookman 2 comments »

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. I then evaluated the proposed family and personal relationships exception in the post, Evaluating the Industry Canada CASL regulations: family relationships and personal relationships, finding them very troubling and materially failing to meet CASL’s objectives.

Evaluating the Industry Canada CASL regulations: family relationships and personal relationships

January 18th, 2013 by Barry Sookman 1 comment »

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: how to assess them

January 16th, 2013 by Barry Sookman No comments »

In a previous post,Evaluating the Industry Canada CASL regulations: why they are needed, I suggested thatclose scrutiny needs to be given toIndustry Canada’s new draft Electronic Commerce Protection Regulations. CASL’s “ban all” structure makes it imperative that regulations be adopted to ensure that the goal’s of Canada’s new anti-spam/anti-malware/spyware law (CASL) are met. Their adequacy and appropriateness should be measured against these and other generally recognized objectives. In this post I propose to lay out the framework for assessing the regulations.

CRTC guidance on interpreting its CASL regulations and guidelines at the IT-Can/TCLG meeting

January 15th, 2013 by Barry Sookman 3 comments »

Lynne Perrault, and Ryan Caron of the CRTC gave a talk to members of IT-Can and the Toronto Computer Lawyers Group on the CRTC regulations and guidelines related to CASL. Kelly Anne Smith of the CRTC joined by phone. (I summarized these documents in a blog post, CRTC Issues CASL (Canada’s Anti-Spam Law) Guidelines, background and commentary.) The slides presented at the meeting are set out below.

The following are some highlights from the talk and the Q & A that followed. Note, some of the remarks were also made at an earlier talk to ITAC members that I reported on in a previous blog post, CRTC clarifies questions about CASL.

Evaluating the Industry Canada CASL regulations: why they are needed

January 14th, 2013 by Barry Sookman No comments »

Industry Canada has now published its revised draft Electronic Commerce Protection Regulations. These regulations to Canada’s new anti-spam/anti-malware/spyware law (CASL) are open for comment for a period of 30 days from the date of their publication, January 5, 2013. The regulations are helpful and a major improvement over the last draft regulations. They address some key problems with CASL. However, they don’t address all of the problems and only partially address others.

Intellectual Property Law in Canada: Cases and Commentary

January 12th, 2013 by Barry Sookman No comments »

I am pleased to announce the publication of the second edition of my IP casebook Intellectual Property Law in Canada: Cases and Commentary.

Written in collaboration with my partners Steven Mason and Dan Glover, this book  will be of particular interest to private practitioners, in-house lawyers, law students, law professors and librarians. It includes selections from important cases in intellectual property law including very recent cases from the Supreme Court of Canada and other appellant courts to provide the most up to date and instructive set of materials on IP law in Canada. We use it in the IP course we jointly teach at Osgoode Hall Law School in Toronto.

Copyright law 2012: the year in review in Canada and around the world

January 11th, 2013 by Barry Sookman No comments »

Yesterday, I gave a talk at the Law Society of Upper Canada’s 17h Annual Intellectual Property Law: The Year in Review program. My talk canvassed developments in copyright in Canada and around the world in 2012. My slides are shown below. The associated paper prepared in collaboration with Glen Bloom, with the help of others, is available here.

The following copyright cases from Canada, the USA, UK and Ireland, Australia, and  Europe are dealt with in the paper and slides.

Canada

Adobe Systems Incorporated v. Dale Thompson DBAAppletree Solutions, 2012 FC 1219

Aga Khan v. Tajdin, 2012 FCA 12

Industry Canada CASL draft regulations now available

January 4th, 2013 by Barry Sookman No comments »

The January 5, 2013 Canada Gazette is now public. It includes the revised draft Industry Canada Canadian Anti-SPAM Law (CASL) Regulations as well as substantial commentary. The proposed regulations are generally in accordance with the summary communicated earlier by Andre Leduc.  They can be found at this link.