Barry Sookman
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This site is about technology, copyright, and privacy Law
Barry Sookman
Barry Sookman
  • Bio & expertise
    • Bio
    • Technology & Internet Lawyer
    • Copyright and Intellectual Property Lawyer and Litigator
    • Privacy & CASL
    • Government Relations
    • Rankings
  • Books & Articles
  • Speeches & Media
  • Terms
    • Privacy Policy
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malware

8 posts
  • CASL
  • malware
  • spyware

CASL don’t forget about the computer program “malware” and “spyware” provisions

  • April 7, 2014
  • Barry Sookman

Earlier today, I co-chaired the program Countdown to Canada’s Anti-Spam Legislation: Make Sure You Are Ready, jointly provided by the Ontario Bar Association and the Law Society of Upper Canada. I gave an overview of CASL focusing on the computer program provisions before moderating the “Ask the Experts” Q&A panel.

My slides on the computer program provisions are shown below.

 

…
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  • CASL
  • malware
  • spam
  • spyware

NSA spying, cyber security and liability under Canada’s anti-spam spyware law CASL

  • September 9, 2013
  • Barry Sookman

Last week the Guardian and New York Times ran stories claiming that NSA and its UK counterpart GCHQ have developed or employed means to crack the security being used to protect the privacy of personal data, online transactions, e-mails and other internet communications. According to the reports, the intelligence agencies have, among other things, collaborated with technology companies and ISPs to insert secret vulnerabilities – known as backdoors or trapdoors – into commercial encryption software, computer chips, and devices, covertly influenced their product designs, and introduced weaknesses into security standards.…

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  • CASL
  • malware
  • spyware

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

  • February 5, 2013
  • Barry Sookman

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.

———————————————

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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  • CASL
  • malware
  • spyware

Will CASL Hurt Charities? Let Us Count The Ways

  • February 4, 2013
  • Lorne Salzman

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.

The key problem is that CASL’s reach is very wide, and it therefore catches all sorts of electronic messages that organizations will want to send, even those that don’t seem particularly commercial in nature.…

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  • CASL
  • malware
  • spyware

Evaluating the Industry Canada CASL regulations: countering cyber-security threats

  • February 1, 2013
  • Barry Sookman

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.…

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  • CASL
  • malware
  • spam
  • spyware

Evaluating the Industry Canada CASL regulations: defining commercial electronic message

  • January 30, 2013
  • Barry Sookman

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.…

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  • CASL
  • malware
  • spam
  • spyware

CASL in force in 2013

  • April 27, 2012
  • Barry Sookman

Industry Minister Paradis announced that Canada’s new anti-spam/anti-spyware bill known as CASL will become effectve sometime in 2013. In his prepared remarks to the Canada 3.0 Digital Media Forum, the Minister said: “And the anti-spam legislation, which we expect to take effect next year, will protect both Canadians and businesses against unwanted spam”.

Before CASL can become law, Industry Canada needs to finalize its regulations. New proposed regulations are expected to be published in the Canada Gazette within the next few months.…

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  • CASL
  • E-commerce
  • FISA
  • Free Speech
  • malware
  • spam
  • spyware

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

  • January 3, 2012
  • Barry Sookman

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.…

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