US Congress Close to Extending Tax Moratorium on Internet Access US Congress Close to Extending Tax Moratorium on Internet Access

Information Technology
September 25, 2003September 25, 20032015-07-08
The US House of Representatives has passed a bill (HR 49) to permanently extend the moratorium on tax-free access to Internet services.   As originally signed into law in 1998, the moratorium was set to expire on November 1, 2003.   If approved by the Senate, the extended moratorium would ban state and local governments from imposing taxes on all methods to access the Internet and may even include a tax prohibition on bundled voice and Internet services.
Deeth Williams Wall https://www.dww.com/articles/us-congress-close-to-extending-tax-moratorium-on-internet-access

Anti-Spam Law in Canada: Criminal Law v. Regulation Anti-Spam Law in Canada: Criminal Law v. Regulation

Information Technology
September 25, 2003September 25, 20032015-07-08
In Canada's first criminal spam case, the Alberta Court of Appeal has upheld the acquittal of a spammer charged with counseling to commit an indictable offence, because he lacked the requisite intent.
Deeth Williams Wall https://www.dww.com/articles/antispam-law-canada-criminal-law-v-regulation

Biometric Identifiers:   Security v. Privacy Biometric Identifiers:   Security v. Privacy

Cybersecurity
September 25, 2003September 25, 20032015-07-08
As biometric identifiers are adopted to comply with looming US and international security requirements, it seems unlikely that this new technology will remain restricted to the field of cross-border travel.
Deeth Williams Wall https://www.dww.com/articles/biometric-identifiers-%C2%A0-security-v-privacy

Canadian Stem Cell Research: Bill C-13 Plays Catch-Up to an Ad Hoc Committee Canadian Stem Cell Research: Bill C-13 Plays Catch-Up to an Ad Hoc Committee

Biotechnology
September 12, 2003September 12, 20032015-09-23
Frustrated with the legislative delays surrounding Canada's Assisted Human Reproduction Act, Bill C-13, Dr. Alan Bernstein, president of the Canadian Institute of Health Research (CIHR), has given the go-ahead to the formation of the Stem Cell Oversight Committee (SCOC).
Deeth Williams Wall https://www.dww.com/articles/canadian-stem-cell-research-bill-c13-plays-catchup-to-an-ad-hoc-committee

First Prosecution Under New US Child Internet Law First Prosecution Under New US Child Internet Law

Information Technology
September 12, 2003September 12, 20032015-09-23
E-TIPS reported earlier (April 10, 2003) that the US had enacted the Child Abduction Prevention Act (CAPA).   In the first prosecution under CAPA, on September 3, 2003, John Zuccarini was arrested and charged with registering misleading domains for the purpose of enticing children to pornographic web sites.
Deeth Williams Wall https://www.dww.com/articles/first-prosecution-under-new-us-child-internet-law

The Internet and the Challenge of the Enforceability of Judgments: A Recent Australian Case The Internet and the Challenge of the Enforceability of Judgments: A Recent Australian Case

Information Technology
September 12, 2003September 12, 20032015-09-23
In a recent Internet-related case, Australian Competition and Consumer Commission v. Chen [2003] FCA 897 (27 August 2003), the Federal Court of Australia recently considered whether it should issue an injunction to restrain the conduct of a US resident, given that there was apparently no mechanism available for the enforcement or registration of the injunction in the US courts.
Deeth Williams Wall https://www.dww.com/articles/internet-and-challenge-of-enforceability-of-judgments-a-recent-australian-case

Another Business Method Patent for Amazon.com Another Business Method Patent for Amazon.com

Patents
September 12, 2003September 12, 20032015-07-08
On September 2, 2003, Amazon.com, Inc. was issued yet another business method patent by the United States Patent Office.   US Patent No 6,615,226 entitled "Method and system for displaying and editing of information" relates to a computer method and system for the ordering of items over the Internet.
Deeth Williams Wall https://www.dww.com/articles/another-business-method-patent-for-amazoncom

"Smart Power Grid" Using Electronic Intelligence the Key to Avoiding Future Blackouts "Smart Power Grid" Using Electronic Intelligence the Key to Avoiding Future Blackouts

Information Technology
September 12, 2003September 12, 20032015-07-08
A team of engineers in Illinois has concluded that Blackout 2003, which on August 14 affected the Northeastern United States and parts of the Midwest and Canada, could have been avoided had a "smart power grid" been in place.   And unless an Internet-based strategy is introduced, this same team of engineers predicts that serious problems are inevitable in the future.
Deeth Williams Wall https://www.dww.com/articles/smart-power-grid-using-electronic-intelligence-key-to-avoiding-future-blackouts

Use of Trade-marks in Keyword Search Advertising Use of Trade-marks in Keyword Search Advertising

Trademarks
September 12, 2003September 12, 20032015-07-08
A number of search engine web sites, such as Google.com and Lycos.com, allow marketers to place advertisements on pages which display results of keyword-based searches.   Ad content is matched to the relevant keyword.   In 2003, this industry sector is expected to generate about $2 billion in revenue.
Deeth Williams Wall https://www.dww.com/articles/use-of-trademarks-keyword-search-advertising

"Standard Form" Agreements to use ADR — Does the Internet Make a Difference? "Standard Form" Agreements to use ADR — Does the Internet Make a Difference?

Alternative Dispute Resolution
August 28, 2003August 28, 20032015-07-08
In certain industry sectors – especially the high-tech sector – the use of alternative dispute resolution (ADR) techniques has become common.   For a variety of reasons, parties often opt to avoid conventional court processes for the certainty that can flow from the use of mediation and arbitration to settle their contractual disputes.
Deeth Williams Wall https://www.dww.com/articles/standard-form-agreements-to-use-adr-%E2%80%94-does-internet-make-a-difference

Identity Theft — Will Your Bank Protect You? Identity Theft — Will Your Bank Protect You?

Payments
August 28, 2003August 28, 20032015-07-08
The susceptibility to theft of personal information on computer networks has lead to the growth of identity theft.
Deeth Williams Wall https://www.dww.com/articles/identity-theft-%E2%80%94-will-your-bank-protect-you

Blackouts & Backups: Business Interruption or Business Continuity? Blackouts & Backups: Business Interruption or Business Continuity?

Technology Contracting
August 28, 2003August 28, 20032015-07-08
For many of us in Ontario and the Eastern US, the August 14th blackout brought business to a standstill.   For others, successful disaster recovery plans kept business performing continuously throughout the blackout.   A recent New York Times article notes that most companies only engage in serious disaster recovery planning when government regulation or key contracts (service level agreements) require it.   Itbusiness.ca gives a Canadian perspective on disaster plans in operation at a bank during the blackout, where the data centre was expected to run on diesel power until the power grid was fully up and running.
Deeth Williams Wall https://www.dww.com/articles/blackouts-backups-business-interruption-or-business-continuity

Employer Beware! — Liability for Employee's Dissemination of E-mail Newsletter Employer Beware! — Liability for Employee's Dissemination of E-mail Newsletter

Information Technology
August 28, 2003August 28, 20032015-07-08
In Lowry's Reports Inc v Legg Mason Inc et al, two related financial services companies were found to be vicariously liable for copyright infringement as a result of the acts of an employee.   The employee re-distributed e-mail newsletters containing a daily stock market analysis originating from the plaintiff, Lowry's Reports, Inc.
Deeth Williams Wall https://www.dww.com/articles/employer-beware-%E2%80%94-liability-for-employees-dissemination-of-email-newsletter

Microsoft Grants Australian Government Access to Windows Source Code under Government Security Programme Microsoft Grants Australian Government Access to Windows Source Code under Government Security Programme

Cybersecurity
August 28, 2003August 28, 20032015-07-08
Following months of negotiations with Australia's Defence Signals Directorate (the agency responsible for evaluating the security of software products and services for the Australian federal government), Microsoft has agreed to provide access to the source code underlying the Windows operating system.  
Deeth Williams Wall https://www.dww.com/articles/microsoft-grants-australian-government-access-to-windows-source-code-under-government

Case Note:   Huggins v Citibank NA et al, [2003] Opinion No. 25691 (11 August 2003) (South Carolina Supreme Court) Case Note:   Huggins v Citibank NA et al, [2003] Opinion No. 25691 (11 August 2003) (South Carolina Supre...

Litigation
August 28, 2003August 28, 20032015-07-08
The Supreme Court of the State of South Carolina has denied a claim of negligence against a credit card company that issued a card to an impostor.   In its August 11, 2003 decision in Huggins v Citibank NA et al, the Court held that the State of Carolina does not recognize the tort of negligent enablement of impostor fraud.   Specifically, the Court declined to recognize a legal duty of care between credit card issuers and those individuals whose identities may be stolen.  
Deeth Williams Wall https://www.dww.com/articles/case-note-%C2%A0-huggins-v-citibank-na-et-al-2003-opinion-no-25691-11-august-2003-south

Sarbanes-Oxley Act Compliance: Some IT Implications Sarbanes-Oxley Act Compliance: Some IT Implications

Technology Contracting
August 14, 2003August 14, 20032015-07-08
To address corporate fraud in the wake of the Enron scandal, the Sarbanes-Oxley Act (2002) implements new reporting requirements for firms listed on US stock exchanges, including Canadian firms and Canadian subsidiaries of US public companies.
Deeth Williams Wall https://www.dww.com/articles/sarbanesoxley-act-compliance-some-it-implications

A Blueprint for Interoperability in Canadian Health Care Systems A Blueprint for Interoperability in Canadian Health Care Systems

Information Technology
August 14, 2003August 14, 20032015-07-08
An industry sector that has been criticized for being behind the curve in IT developments, the health care sector, has received a benchmark for interoperability.   A Canadian NGO, Canada Health Infoway, has consulted with 300 experts in the field and produced what it calls its Electronic Health Record Solution (EHRS) Blueprint.
Deeth Williams Wall https://www.dww.com/articles/a-blueprint-for-interoperability-canadian-health-care-systems

Wiretapping in the Cyber Age: The Canadian Government Seeks Input Wiretapping in the Cyber Age: The Canadian Government Seeks Input

Cybersecurity
August 14, 2003August 14, 20032015-07-08
Interception of communications and search and seizure of information have new implications since wireline networks are no longer the principal means of communication.
Deeth Williams Wall https://www.dww.com/articles/wiretapping-cyber-age-canadian-government-seeks-input

A Caution Flag for Celebrity Endorsement in the Digital Era A Caution Flag for Celebrity Endorsement in the Digital Era

Information Technology
August 14, 2003August 14, 20032015-07-08
The result of an English Court of Appeal case, Irvine & Ors v. TalkSport Ltd., confirms that despite the technological advances of the digital era, familiar legal principles continue to apply.
Deeth Williams Wall https://www.dww.com/articles/a-caution-flag-for-celebrity-endorsement-digital-era

Case Note: Kabushiki Kaisha Sony Computer Entertainment v Stevens [2003] FCAFC 157 (30 July 2003) (Federal Court of Australia) Case Note: Kabushiki Kaisha Sony Computer Entertainment v Stevens [2003] FCAFC 157 (30 July 2003) (Federa...

Litigation
August 14, 2003August 14, 20032015-09-23
In a recent Australian case, Sony successfully argued that the defendant competitor's attempts to circumvent the security device on Sony's PlayStation console were actionable.   However, in passing, the Court dealt with an alternative claim for relief based on copyright infringement.   The Court wrestled with the important question whether a computer in operation can make a reproduction in a "material form" of a computer program, thereby constituting infringement.
Deeth Williams Wall https://www.dww.com/articles/case-note-kabushiki-kaisha-sony-computer-entertainment-v-stevens-2003-fcafc-157-30-july

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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