Canadian Competition Act Amendments Address Online Fraudulent Contests Canadian Competition Act Amendments Address Online Fraudulent Contests

Information Technology
July 18, 2002July 18, 20022015-07-08
On June 21, 2002, amendments to the Competition Act came into force. The amendments include allowing private parties to apply directly to the Competition Tribunal to address matters regardingrefusal to deal, tied selling, exclusive dealing and market restrictions. In addition, the amendments include a new provision that deals with the sending of a deceptive notice of winning a prize (S. 53).
Deeth Williams Wall https://www.dww.com/articles/canadian-competition-act-amendments-address-online-fraudulent-contests

Employers Coping with Employee Internet Abuse Employers Coping with Employee Internet Abuse

Information Technology
July 18, 2002July 18, 20022015-07-08
A survey performed by Personnel Today and Internet filter company Websense Inc. shows that almost one in four U.K. companies have fired employees for Internet misuse. Without an Internet use policy, companies may face unfair dismissal charges by a terminatedemployee or discrimination and constructive dismissal charges by offended co-workers.
Deeth Williams Wall https://www.dww.com/articles/employers-coping-employee-internet-abuse

Technology@Work Some European Airports Go Wireless as Toronto Airport Goes Cell-less Technology@Work Some European Airports Go Wireless as Toronto Airport Goes Cell-less

Information Technology
July 18, 2002July 18, 20022015-07-08
Cisco Systems is installing Aironet wireless LANs into 19 airport lounges across Europe. This service is aimed at business travelers with laptops or PDAs containing wireless cards.
Deeth Williams Wall https://www.dww.com/articles/technologywork-some-european-airports-go-wireless-as-toronto-airport-goes-cellless

Amazon.com Comes to Canada or Does it? Amazon.com Comes to Canada or Does it?

Information Technology
July 4, 2002July 4, 20022015-07-08
The recent entry of online retailer Amazon.com into the Canadian e-tailing scene through the start of the Amazon.ca website has caused some controversy. The Canadian Booksellers Association claims that the company is violating Canadian laws that restrict foreign ownership of booksellers.
Deeth Williams Wall https://www.dww.com/articles/amazoncom-comes-to-canada-or-does-it

CIRA Domain Name Dispute Resolutions Policy (CDRP) Operational CIRA Domain Name Dispute Resolutions Policy (CDRP) Operational

Domain Names
July 4, 2002July 4, 20022015-09-23
The Canadian Internet Registration Authority (CIRA) has certified two independent service providers under its Domain Name Dispute Resolution Policy (CDRP) to address disputes arising of .ca domain names. The British Columbia International Commercial Arbitration Centre (BCICAC) and Resolution Canada Inc., the service providers, will resolve disputes in accordance with the CDRP and the Rules.
Deeth Williams Wall https://www.dww.com/articles/cira-domain-name-dispute-resolutions-policy-cdrp-operational

CIRA Releases Market Research on Dot-ca Usage and Perception CIRA Releases Market Research on Dot-ca Usage and Perception

Information Technology
July 4, 2002July 4, 20022015-09-23
Market research commissioned by the Canadian Internet Registration Authority reveals that 45% of Canadian businesses have a web presence, with 48% using dot-com extensions and 38% using dot-ca.
Deeth Williams Wall https://www.dww.com/articles/cira-releases-market-research-on-dotca-usage-and-perception

Paid Placements in Internet Search Result in Action by FTC Paid Placements in Internet Search Result in Action by FTC

Information Technology
July 4, 2002July 4, 20022015-09-23
After an 11-month investigation, the U.S. Federal Trade Commission (FTC) has declared that search engine companies must clearly disclose to consumers the presence of paid placements displayed within search results. A number of search engine companies have been selling the top spots on search result lists. In many cases, it was not clear whether these paid placements were part of the actual results of the search. The FTC began its investigation after a complaint was received from the U.S.
Deeth Williams Wall https://www.dww.com/articles/paid-placements-internet-search-result-action-by-ftc

Canadian Privacy Commissioner Releases Findings on Online Database Leak Canadian Privacy Commissioner Releases Findings on Online Database Leak

Privacy
July 4, 2002July 4, 20022015-07-08
The Canadian Privacy Commissioner released his findings on the complaint by an individual that a company was not using appropriate security safeguards to protect information collected from participants in online contests. The Commissioner found the company in breach of the Personal Information Protection and Electronic Documents Act (PIPEDA).
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-commissioner-releases-findings-on-online-database-leak

Future Make-up of the ICANN Board Future Make-up of the ICANN Board

Domain Names
July 4, 2002July 4, 20022015-07-08
ICANN, the organization that oversees the Internet's domain name system, may soon have a very different face. During the ICANN annual meeting in Bucharest, the ICANN Chief Executive, Stuart Lynn, proposed limiting board members to representatives of business and government, which basically ends the appointment of members of technical and citizen groups. Adoption of this proposal would leave the ICANN board with no representation by Internet users.
Deeth Williams Wall https://www.dww.com/articles/future-makeup-of-icann-board

Cyber Security Insurance Coverage Cyber Security Insurance Coverage

Security
July 4, 2002July 4, 20022015-07-08
Companies operating in the U.S. may soon find it difficult to operate without cyber security insurance.
Deeth Williams Wall https://www.dww.com/articles/cyber-security-insurance-coverage

Ontario Considering New Legislation on Retail Tax on Software and Services Ontario Considering New Legislation on Retail Tax on Software and Services

Information Technology
July 4, 2002July 4, 20022015-07-08
The Ontario Government is considering drafting new legislation to address the issue of the applicability of the Ontario Retail Sales Tax to software and related services. At present, the government is going through a consultation process with industry organizations such as the Information Technology Association of Canada for Ontario. A copy of the draft legislation will be posted on the Website of the Ministry of Finance.
Deeth Williams Wall https://www.dww.com/articles/ontario-considering-new-legislation-on-retail-tax-on-software-and-services

California Court of Appeal Issues Decision on What Constitutes an "Offer" in an Online Auction California Court of Appeal Issues Decision on What Constitutes an "Offer" in an Online Auction

Litigation
July 4, 2002July 4, 20022015-07-08
The California Court of Appeal recently issued a decision on the issue of what constitutes an "offer" in an online auction. The dispute centered around the domain name Golf.tv, which was being offered in an auction by the defendant, dotTV Corporation (TVC). TVC registers .tv domain names for a fee.
Deeth Williams Wall https://www.dww.com/articles/california-court-of-appeal-issues-decision-on-what-constitutes-an-offer-an-online-auction

Molson Wins Dispute Over Canadian.biz Molson Wins Dispute Over Canadian.biz

Domain Names
July 4, 2002July 4, 20022015-07-08
A recent decision of the National Arbitration Forum ("Forum") has concluded that only Molson Canada is entitled to use the domain "canadian.biz". Molson Canada is the registered owner of the trademark "Canadian" in Canada.
Deeth Williams Wall https://www.dww.com/articles/molson-wins-dispute-over-canadianbiz

B.C. Securities Commission Exerts Jurisdiction Over Internet Communications B.C. Securities Commission Exerts Jurisdiction Over Internet Communications

Information Technology
July 4, 2002July 4, 20022015-07-08
In a recent decision, the British Columbia Securities Commission has ruled that B.C. resident Jesse J. Hogan contravened that province's Securities Act by intentionally distributing false information on five NASDAQ companies using email, chat rooms and electronic bulletin boards.
Deeth Williams Wall https://www.dww.com/articles/bc-securities-commission-exerts-jurisdiction-over-internet-communications

Supreme Court of Canada Affirms Access to Information in Federal Investigations Supreme Court of Canada Affirms Access to Information in Federal Investigations

Litigation
July 4, 2002July 4, 20022015-07-08
The Supreme Court of Canada in the recent decision of Lavigne v. Canada (Office of the Commissioner of Official Languages) confirmed that exceptions to the general duty of federal institutions to disclose personal information must be interpreted narrowly.
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-affirms-access-to-information-federal-investigations

Major U.S. Media Outlets Sue Adware Pioneer, Gator Corporation Major U.S. Media Outlets Sue Adware Pioneer, Gator Corporation

Information Technology
July 4, 2002July 4, 20022015-07-08
A number of major U.S. media companies, including the parent companies of The New York Times, USA Today, The Wall Street Journal and The Washington Post have filed a lawsuit against Gator Corporation, a leading provider of adware, in the U.S. District Court in Alexandria. Adware is software that triggers pop-up ads when web surfers visit a particular website. The media companies claim that Gator is selling ads on their Websites without authorization and profiting from the media companies' investment in their own web sites.
Deeth Williams Wall https://www.dww.com/articles/major-us-media-outlets-sue-adware-pioneer-gator-corporation

Parliament Passes Internet Retransmission Bill Parliament Passes Internet Retransmission Bill

Information Technology
June 20, 2002June 20, 20022015-07-08
On June 18th, the Canadian House of Commons passed legislation (Bill C-48) that would require Internet retransmitters to obtain a licence when retransmitting copyrighted material over the Internet.
Deeth Williams Wall https://www.dww.com/articles/parliament-passes-internet-retransmission-bill

Recent U.S. Report on E-government Recent U.S. Report on E-government

Information Technology
June 20, 2002June 20, 20022015-07-08
The Progressive Policy Institute (PPI), a U.S. based think tank, recently released a report entitled "The Best States for E-Commerce". In the report, the PPI examined the 50 States and the District of Columbia and ranked them in order of their friendliness to e-commerce.
Deeth Williams Wall https://www.dww.com/articles/recent-us-report-on-egovernment

Technology @Work: Air Canada Uses Wireless Device to Check-in Tardy Passengers Technology @Work: Air Canada Uses Wireless Device to Check-in Tardy Passengers

Intellectual Property
June 20, 2002June 20, 20022015-07-08
Air Canada, in partnership with IBM, is piloting a wireless system to help ticket agents check-in late passengers as they wait in the queue at Toronto's Pearson airport. The system is based on the partnership's electronic kiosks, in use since 1998 by Air Canada.
Deeth Williams Wall https://www.dww.com/articles/technology-work-air-canada-uses-wireless-device-to-checkin-tardy-passengers

Two Important Decisions by U.S. Appellate Courts on Internet Jurisdiction Two Important Decisions by U.S. Appellate Courts on Internet Jurisdiction

Litigation
June 20, 2002June 20, 20022015-07-08
There were two recent decisions released by U.S. Appellate Courts regarding jurisdiction online. In the first decision, the U.S. Court of Appeals (4th Cir) in ALS Scan v. Digital Service Consultants held that the District Court in Maryland could not exercise personal jurisdiction over an ISP based in Georgia in a copyright infringement case on the sole basis that the ISP provided web hosting services to the alleged infringers who had posted copyrighted pictures on their website.
Deeth Williams Wall https://www.dww.com/articles/two-important-decisions-by-us-appellate-courts-on-internet-jurisdiction

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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