CRTC’s troubling guidelines on CASL accessorial liabilityCRTC’s troubling guidelines on CASL accessorial liability



If you thought CASL wasn’t draconian enough, think again. The CRTC’s interpretation of CASL in the new Guidelines on the Commission’s approach to section 9 of Canada’s anti-spam legislation (CASL) (Compliance and Enforcement Information Bulletin CRTC 2018-415) has tightened the noose on Canada’s already speech impairing anti-spam law.… ...

ISPs fees for complying with Norwich orders: Rogers v VoltageISPs fees for complying with Norwich orders: Rogers v Voltage



Who bears the costs of complying with Norwich orders? These orders require ISPs to disclose the identify of their subscribers to enable copyright owners to bring legal proceedings against suspected infringers. The issue was resolved earlier today by the Supreme Court in Rogers Communications Inc.… ...

Google’s loss in online defamation case Trkulja v Google good reason to resist CDA in NAFTAGoogle’s loss in online defamation case Trkulja v Google good reason to resist CDA in NAFTA



There is a repeating pattern in online defamation cases against Google. An individual’s reputation is alleged to be tarnished by Google’s search results or its autocomplete feature. The individuals plead with Google for help. As one of the Internet’s most important gatekeepers, Google is in a position to stop the ...

Developments in computer, Internet and e-commerce law: the year in review (2017-2018)Developments in computer, Internet and e-commerce law: the year in review (2017-2018)



I gave my annual presentation today to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covers the period from June 2017 to June 2018. The developments include cases from Canada, the U.S.… ...

Copyright Board harmonization good policyCopyright Board harmonization good policy



The Hill Times published my Op-ed “Copyright Board harmonization good policy” earlier today. The unedited version with endnote references is below. Everyone agrees that the Copyright Board needs fixing. A Senate Committee recommended a full review in 2016. The Government acted on the recommendation by convening a public consultation and received numerous submissions.… ...

Canadian government response to copyright and digital policy issuesCanadian government response to copyright and digital policy issues



The Internet and other digital technologies are transforming the everyday lives of all Canadians. The pace of change requires our legislative frameworks to be continually reviewed and adapted to these changing needs. The current government is tackling these challenges on numerous fronts including most recently in respect of copyright, anti-spam ...

Google attempted end run around Canadian courts fails, rules BC Judge in Equustek caseGoogle attempted end run around Canadian courts fails, rules BC Judge in Equustek case



Yesterday, a judge of the British Columbia Supreme Court dismissed Google’s motion to vary or set aside the global injunction against it that had been affirmed by the Supreme Court of Canada. The injunction required Google delist websites that were being used to market a product that Equustek claimed was ...

FairPlay copyright blocking proposal: my presentation at the Fordham IP conferenceFairPlay copyright blocking proposal: my presentation at the Fordham IP conference



I had the pleasure to speak at the 26th Annual Fordham Intellectual Property Law & Policy Conference. In my opinion, this is the best IP conference. My topic was Canada’s Fairplay’s Website-Blocking Plan: What is it and is it consistent with international norms and principles including requirements for proportionality, rights to freedom ...