Category: E-commerce

Developments in Computer, Internet and E-Commerce Law (2011-2012)Developments in Computer, Internet and E-Commerce Law (2011-2012)



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 (2011-2012). It covers significant developements since my talk last spring, Developments in Computer, Internet and E-Commerce Law (2010-2011).

The slides include a summary of the following cases:

Kraft Real Estate Investments, LLC v Homeway.com, Inc. 2012 WL 220271 (D.S.Car. Jan 24, 2012)

Swift v. Zynga Game Network, Inc., 805 F.Supp.2d

Reflections on the new CRTC CASL regulationsReflections on the new CRTC CASL regulations



Earlier this month the CRTC published its final regulations under the new Canadian Anti-SPAM legislation (CASL). The regulations have now been published in the Canada Gazette. The Commission has now also provided an explanation of its reasons for why it made, or refused to make, changes to its previously issued draft regulations.

Industry Canada has followed a separate route. Rather than finalizing its regulations, it will publish a new set of regulations to obtain further feedback from the public. In view of the significant problems identified by approximately 60 associations, companies, and organizations as well as individuals that filed submissions with Industry Canada and the Commission this approach makes sense.

CRTC finalizes CASL regulationsCRTC finalizes CASL regulations



On March 5, 2012 the CRTC finalized its set of regulations for Canada’s new anti-spam bill, CASL. These regulations were revised following extensive consultations held separately by the CRTC and Industry Canada on previously published regulations. These consultations resulted in extensive recommendations for changes by more than 57 organisations.

Industry Canada is still considering what changes to make to its draft regulations. Unlike the CRTC, it intends to publish a new set of draft regulations, possibly next month, for comment before finalizing them.

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



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.

Draft FISA (Anti-SPAM) regulations published by CRTC and Industry Canada (updated)Draft FISA (Anti-SPAM) regulations published by CRTC and Industry Canada (updated)



The Canadian Anti-SPAM law (CASL or FISA) contemplated that regulations would need to be promulgated before the Act is proclaimed into force. CASL contemplated two sets of regulations: one from Industry Canada and the other from the CRTC.  The CRTC published draft regulations for comment purposes on June 30, 2011. The Commission will accept comments from interested persons that it receives on or before September 7, 2011, a date extended by the CRTC from the original date of 29 August 2011.

Who bears the risk of loss when a corporate bank account is hacked?Who bears the risk of loss when a corporate bank account is hacked?



Recently, we have witnessed numerous examples of corporate web sites being hacked. Sony, Sega, Honda, Citibank, and Epsilon are all recent examples. When these sites are hacked often the victims are individual customers whose personal information is accessed. But, when a bank account is hacked often the object is money. When such an account is hacked such as by an unauthorized wire transfer or withdrawal, who bears the risk of loss, the bank or the customer whose account is raided?

Eric Goldman’s blog has a post that summarizes two recent US cases which deal this issue under US law.

Developments in Computer, Internet and E-Commerce Law (2010-2011)Developments in Computer, Internet and E-Commerce Law (2010-2011)



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 (2010-2011). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory materials:

Privacy:

Cite Cards Canada Inc. v. Pleasance, 2011 ONCA 3

Leon’s Furniture Limited v. Alberta (Information and Privacy Commissioner), 2011 ABCA 94

State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada, 2010 FC 736

Nammo v.

G8 declaration: Internet and IP critical to innovationG8 declaration: Internet and IP critical to innovation



The leaders of the G8 concluded their meetings last week with a renewed commitment to freedom and democracy. They released a declaration dealing with a variety of topics including the importance of the Internet and intellectual property as catalysts to innovation. The declaration also highlights the challenges of maintaining the privacy and security of networks and network communications.

The declaration on the Internet made the link between the Internet and innovation as follows:

For business, the Internet has become an essential and irreplaceable tool for the conduct of commerce and development of relations with consumers.

Naming Canada’s Anti-Spam/Anti-Spyware LawNaming Canada’s Anti-Spam/Anti-Spyware Law



Last week in a blog post I asked for suggestions to help name Canada’s new anti-SPAM and anti-spyware law, Bill –C-28. The Bill has no short title and needs one.

You clearly had fun trying to come up with a name. Some of you suggested a few names. Some suggestions were serious (more or less). Others were hysterical, many reflecting your thoughts about the Bill, or about SPAM. Here are your proposals to name the Bill.

Please read them and let me know which ones you like or would choose.

Name Canada’s Anti-Spam/Anti-Spyware LawName Canada’s Anti-Spam/Anti-Spyware Law



Canada has a new anti-SPAM and anti-spyware law, Bill –C-28. It is a law with an inordinately long name: “An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act”.

The Bill has no short title. As a result different terms and acronyms are being used to refer to it including the ECPA, FISA, FIWSA, the SPAM Bill, the Anti-SPAM Legislation, and the Anti-SPAM and Anti-Spyware Bill.