spam Archives

Developments in computer, Internet and e-commerce law: the year in review (2018-2019)

I gave my annual presentation yesterday to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covers the period from June 2018 to June 2019. The developments include cases from Canada, the U.S. the U.K., EU, Australia, South Africa, India and other countries.

The developments are organized into the broad topics of:

Privacy / Big Data / AI
Employee / HR
E-commerce / Online Agreements
Online Remedies / Governance / Jurisdiction
Copyright

The cases and other documents referred to are below.…

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

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: the submissions to Industry Canada on the draft regulations

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 .…

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Has the CRTC compromised its judicial independence on CASL?

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:

As the guidelines deal with a matter that is central to the CASL scheme (express consent to receive commercial electronic messages), and one in which there are possible arguments to be made in favour of industry practices (PIPEDA, for instance, specifically recognises a pre-ticked box as a real consent).

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Evaluating the Industry Canada CASL regulations: defining commercial electronic message

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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Evaluating the Industry Canada CASL regulations: jurisdictional overreach

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Evaluating the IC CASL regulations: the B2B exception and Non-business entities

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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Evaluating the Industry Canada CASL regulations: the B2B exception (Part I-SMEs)

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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Evaluating the Industry Canada CASL regulations: family relationships and personal relationships

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Evaluating the Industry Canada CASL regulations: how to assess them

In a previous post,Evaluating the Industry Canada CASL regulations: why they are needed, I suggested thatclose scrutiny needs to be given toIndustry Canada’s new draft Electronic Commerce Protection Regulations. CASL’s “ban all” structure makes it imperative that regulations be adopted to ensure that the goal’s of Canada’s new anti-spam/anti-malware/spyware law (CASL) are met. Their adequacy and appropriateness should be measured against these and other generally recognized objectives. In this post I propose to lay out the framework for assessing the regulations.…

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