canada Archives

CASL

The Industry Canada CASL regulations and RIAS: a lost opportunity

If it was not clear enough before that there are many problems with CASL, it became evident when Industry Canada released the final regulations and the Regulatory Impact Analysis Statement (the RIAS). CASL takes an extremely broad “ban all” approach to regulating commercial messages and the installation of computer programs. This structure makes the exceptions particularly important because every CEM sent without consent (and following the prescribed rules) and every computer program installed on any computer (machine or device) without consent (and making the required disclosures) as part of a commercial activity will be illegal.…

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intellectual property

Intellectual property education: are Canadian law schools doing enough to support innovation?

Innovation is a major driver of economic growth. It is also central to the competitiveness of the Canadian economy. It is an engine that creates challenging and well paying jobs. The protection of intellectual property is an important element in promoting innovation and in supporting markets in the trade and dissemination of innovative and creative products and services.[1] Intellectual property is now a crucial asset, the ownership of which has become pivotal to corporations. In some sectors their ultimate value is their IP.…

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cyber security

OSFI sets sights on cyber security threats with release of guidance

Earlier today, the Office of the Superintendent of Financial Institutions Canada (OSFI) issued Cyber Security Self-Assessment Guidance. The guidance follows on the heels of the release of the U.S. National Institute of Standards and Technology’s (NIST) Preliminary Cybersecurity Framework earlier this month, revelations of billions of dollars lost by cyber crime, and the continuing disclosures about surveillance by the NSA and others.

OSFI described the need for the guidance and how it expects federally regulated financial institutions (FRFIs) to use it as follows:

The increasing frequency and sophistication of recent cyber-attacks has resulted in an elevated risk profile for many organizations around the world.

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cyber security

Cyber security and lawyers

If the past week is any indication, cybersecurity will continue to be an issue that will have to be kept top of mind for lawyers, individuals and organizations. Here are a few of the top stories:

Symanetc reported that cybercrime is costing Canadians $3 billion US annually.
Adobe reported a massive security breach affecting 2.9 million customers. Some of its confidential source code was also accessed.
Thirteen hackers associated with Anonymous were indicted for cyber-attacks against targets that refused to process payments for WikiLeaks, the anti-secrecy website founded by Julian Assange.

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Private copying levy on death row

The Copyright Board of Canada rendered its decision on Friday with regards to the Tariff of Levies to Be Collected by CPCC in 2012, 2013 and 2014 on the sale of Blank Audio Recording Media. The decision is notable in a number of respects, most importantly because it portends the end of the levy based private copying regime for music and the beginning of the levy free format shifting regime ushered in with Bill C-11, the Copyright Modernization Act.

The Board decision certified a tariff for years 2012-2014 on eligible blank recording media which largely consist of the aging CD-R, CD-RW, CD-R Audio, and CD-RW Audio formats.…

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C-56 Combating Counterfeit Products Act gets Second Reading in House

On Friday, Christian Paradis Minister of Industry and Minister of State (Agriculture) moved that Bill C-56, The Combating Counterfeit Products Act be read the second time and referred to a committee. The Bill is a long overdue attempt to bring Canada’s laws related to combating counterfeiting to international standards.

Kellie Leitch Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour rose in the House to describe the reasons for the Bill and its scope.…

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Criminal Law

Are smartphones computer systems under the Criminal Code? R v Cockell

Every now and again you read decisions that make you shake your head. Mine felt like a salt shaker when I read the decision of the Alberta Court of Appeal last week in R. v. Cockell, 2013 ABCA 112. In this case the Court reversed the conviction of an accused on three counts of child luring using a computer system under s 172.1(1) of the Criminal Code. Why? Incredibly, because it wasn’t proved the BlacKBerry smartphone used to commit the offense was a computer system.…

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Managing Intellectual Property North America Awards

Last night I attended the Euromoney Legal Media Group’s Managing IP gala in Washington, DC. I was delighted to learn that my firm, McCarthy Tétrault, was honored with two of the 2013 North America Awards for excellence in intellectual property law.

McCarthy Tétrault was recognized as the top firm in Canada in the category of Patent Contentious. I won the award as Canada’s Outstanding IP Practitioner.

Other winners recognized for their excellence in IP including other Canadian winners can be found here.…

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The Combating Counterfeit Products Act

Last week, the Government introduced Bill C-56, Combating Counterfeit Products Act. It has two main objectives. First, to protect public safety and health by enacting legislation specifically to target commercial scale trafficking in counterfeit products. Second, to make technical amendments to the Trade-marks Act such as to permit registration of non-traditional trade-marks like sounds, and to improve registration procedures. The Government backgrounder and related FAQs, and other information is available at Industry Canada’s website.

The anti-counterfeiting portion of the legislation addresses recommendations made by the Parliamentary Standing Committee on Public Safety and National Security (May 2007) and Parliamentary Standing Committee on Industry, Science and Technology (June 2007) to crack down on commercial counterfeiting operations because of the serious health and safety consequences.…

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

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.…

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