Barry Sookman
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This site is about technology, copyright, artificial intelligence, 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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spyware

28 posts
  • CASL
  • CRTC
  • E-commerce
  • spam
  • spyware

CRTC finalizes CASL regulations

  • March 14, 2012
  • Barry Sookman

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.…

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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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  • CASL
  • FISA
  • spam
  • spyware

Canada’s new anti-spam Law: too much of a good thing?

  • October 17, 2011
  • Lorne Salzman and Barry Sookman

Here is a copy of the op-ed published by The Hill Times today on CASL.

Most people would agree that unwanted commercial emails – commonly called spam – are awful. Spam wastes our time. It clogs our inboxes and can be full of scams, malware and fraudulent, false and misleading messages. So who wouldn’t have cheered when Canada finally decided to outlaw spam and related afflictions?

With the September 7 conclusion of the public comment period on the new anti-spam law, known as CASL (for Canada’s anti-spam law), Canada has taken a major step toward finalizing legislation designed to outlaw practices such as sending commercial electronic messages without recipients’ consent or using misleading information in the online promotion of products.…

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  • CASL
  • cloud computing
  • FISA
  • spam
  • spyware

Electronic Commerce Protection Regulations – Much Work Remains

  • September 20, 2011
  • Lorne Salzman and Barry Sookman

Canada’s new anti-SPAM/anti-malware law, or CASL, was passed by Parliament in late 2010.  The draft Electronic Commerce Protection Regulations, which were intended to clarify and flesh out the law, were published for public consultation earlier this summer.  Fifty-seven organizations and individuals filed comments by the September 7, 2011 deadline.  The message from these commentators is clear: while all support the goal of reducing unwanted commercial electronic messages (CEMs) and malware, the draft regulations miss the mark, and much work remains before CASL can be proclaimed into law.…

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  • CASL
  • cloud computing
  • FISA
  • spam
  • spyware

Fixing CASL: comments on the draft CRTC and Industry Canada regulations

  • September 7, 2011
  • Lorne Salzman and Barry Sookman

Today is the last day for filing comments on the Electronic Commerce Protection Regulations proposed by Industry Canada and the CRTC. Submissions to the CRTC on the draft CRTC CASL regulations are available at the Commission’s website http://ow.ly/6o8Xq.

Here are our comments filed earlier today.

Salzman Sookman CASL regulation comments
View more documents from bsookman
For more information about CASL, see, CASL: the unofficial FAQ, regulatory impact statement, and compliance guideline.
…
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  • CASL
  • FISA
  • spam
  • spyware

Government of Canada launches anti-spam information web site

  • August 2, 2011
  • Barry Sookman

Industry Canada has launched a web site to inform Canadians about Canada’s new anti-spam legislation. The site has some useful information about the law which is simply referred to as “Canada’s new anti-spam law”, as the law has no short name. The information at the site includes “key facts”, an “FAQ”, information about the new Spam Reporting Centre, and how the law will be enforced  and administered. A link to the law is also at the site.

While the basic information on the site is useful, it does not delve into the many complexities and difficulties Canadian businesses will have to grapple with to try and comply with the new law.…

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  • E-commerce
  • FISA
  • spam
  • spyware

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

  • February 14, 2011
  • Barry Sookman

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.…

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  • Bill C-58
  • E-commerce
  • FISA
  • misleading advertising
  • spam
  • spyware

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

  • February 6, 2011
  • Barry Sookman

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.…

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