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Legislative Recommendations By The Canadian Task Force On Spam Legislation, Regulation And Enforcement
The following points are from the task force's report. Numbering was kept from the report for reference purposes. Canadian spellings were also retained.
2. The federal government should establish in law a clear set of rules to prohibit spam and other emerging threats to the safety and security of the Internet (eg, botnets, spyware, keylogging) by enacting new legislation and amending existing legislation as required.
3. To the end of the recommendation above, the following e-mail activities and practices should be made offences in spam-specific legislation (these provisions may also be reflected, in whole or in part, in existing legislation):
- The failure to abide by an opt-in regime for sending unsolicited commercial e-mail;
- The use of false or misleading headers or subject lines (ie, false transmission information) designed to disguise the orgins, purpose or contents of an e-mail, whether the objective is to mislead recipients or to evade technological filters;
- The construction of false or misleading URLs and Web sites for the purpose of collecting personal information under false pretenses or engaging in criminal conduct (or to commit other offences listed);
- The harvesting of e-mail addresses without consent, as well as the supply, use or acquisition of such lists; and
- Dictionary attacks.
4. For these new offences, the following penalties and remedies should be applicable:
- The new offences created should be civil- and strict-liability offences, with criminal liability open for more egregious or repeated offences. There should be meaningful statutory penalties for all offences listed in Recommendation 3.
- There should be an appropriate private right of action available to persons, both individuals and corporations. There should be meaningful statutory damages available to persons who bring civil action.
- The businesses whose products or services are being promoted by way of spam should also be held responsible for the spamming. Responsibility should also rest with other third-party beneficiaries of spam.
5. Regarding the enforcement and administration of new legislation:
- The administration of a new stand-alone law should be undertaken by the Minister of Industry, with support from a separate body responsible for policy oversight and coordination, public education and awareness, and support to enforcement agencies; and
- Enforcement of legislative provisions addressing spam should be undertaken by existing agencies.
6. The federal government should place priority on anti-spam enforcement by providing stronger support and dedicated resources to agencies to administer and enforce new and existing anti-spam legislation.
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.