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Canada Strikes At Spam
Editors' note: Canada's national spam task force delivered its report in May to Industry Minister David Emerson. Michael Geist, Canada Research Chair in Internet and E-commerce Law at the University of Ottawa and a member of the Board of Editors of our sibling publication Internet Law & Strategy, was on the task force and served as co-chair of the law and regulatory working group. The task force helped facilitate a series of cases, including Geist's own privacy complaint against the Ottawa Renegades football team over unsolicited commercial e-mail sent to him, to test the current Canadian legal framework.
The Government of Canada's Task Force on Spam concluded that the current laws governing spam are not good enough. While Canada alone is not able to deal with the spam problem nationwide, it must at least deal with the spammers in its own backyard. The current legal framework contains some significant holes and the task force's recommendations call for a spam-specific law accompanied by a new separate body to work on policy and enforcement coordination.
The recommendations, if adopted and put into legal force, would have far-reaching and deep implications for e-commerce and related activities. No public action had been taken by late July, though the government was working on the report. After Emerson finishes with the report, it would advance to the Cabinet, and then to Parliament as a bill for consideration.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?