CASL: the submissions to Industry Canada on the draft regulations

February 19th, 2013 by Barry Sookman 1 comment »

The period for filing submissions to the Industry Canada consultation on the draft Electronic Commerce Protection Regulations has closed.

Industry Canada received numerous submissions from organizations representing all sectors 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 telecommunications companies, vehicle manufacturers and others. The organizations that filed submissions include the Ontario Nonprofit Network, Imagine Canada, the AUCC, AccessPrivacy, Canadian Bar Association, Magazines Canada, The Canadian Marketing Association, Interactive Advertising Bureau of Canada, a Coalition of Business and Technology Associations, The Canadian Chamber of Commerce, Retail Council of Canada, the Canadian Federation of Independent Business, Information Technology Association of Canada, and CWTA . Phil Palmer, a specialist practitioner at Industry Canada Legal Services who oversaw the development of Canada’s Anti-Spam Legislation and the development of its regulations also filed a submission. I also personally filed a submission.

Has the CRTC compromised its judicial independence on CASL?

February 18th, 2013 by Barry Sookman No comments »

Philip Palmer, a former specialist practitioner at Industry Canada Legal Services and the person who oversaw the development of CASL and its regulations, just published an important blog post, CRTC CASL Guidelines: Do they Compromise Adjudicative Independence? In the post, he questions whether the CRTC should be publishing enforcement guidelines in the name of the Commission in view of the important adjudicative role that the Commission also has in enforcing CASL.

In part, he says the following:

Supreme Court hears oral argument in Cinar/Robinson copyright cases (Updated)

February 13th, 2013 by Barry Sookman No comments »

Earlier today, the Supreme Court heard oral argument in four copyright cases arising from the decision of the Quebec Court of Appeal in the France Animation v Robinson, 2011 QCCA 1361 case. The main issue in the appeal was whether sketches and characters of the proposed TV series Robinson curiosity were infringed by the series Robinson sucro. The trial judge found infringement and the Court of Appeal upheld the judgment, in part. The webcast from the argument is being archived and will be available here.

Google wins sponsored links case in Australia

February 6th, 2013 by Barry Sookman No comments »

Google won an important case earlier today in the High Court of Australia  In Google Inc v Australian Competition and Consumer Commission [2013] HCA 1 (6 February 2013), Australia’s highest court unanimously allowed an appeal from a decision of the Full Court of the Federal Court of Australia which had found that Google had engaged in misleading or deceptive conduct contrary to s 52 of the Trade Practices Act 1974 by publishing and displaying sponsored links. The High Court ruled that Google did not create the sponsored links that it published or displayed. Rather, the advertiser was considered to be the publisher of the sponsored links.

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

February 5th, 2013 by Barry Sookman No comments »

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 by Lorne Salzman No comments »

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 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: defining commercial electronic message

January 30th, 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: 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.