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Michael Geist's Blog

Canada To Launch Anti-Spam Task Force

The National Post reports that the Canadian government plans to launch as task force to address spam. Professor Geist comments on the need for more aggressive enforcement actions against Canadian-based spamming organizations. see: Government Task Force To Launch Attack on Spam also see: BC Order
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Alberta and BC Privacy Laws Meet Substantial Similarity Test

Industry Canada has released exemption orders for both Alberta and British Columbia, finding that their private sector privacy laws meet the substantial similarity test found in the federal privacy law. The finding means that that organizations in the two provinces will not be subject to the federal private sector privacy law. see: Alberta Order also see: BC Order
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BC and Alberta Laws Meet Substantial Similarity Test

Industry Canada has released exemption orders for both Alberta and British Columbia, finding that their private sector privacy laws meet the substantial similarity test found in the federal privacy law. The finding means that that organizations in the two provinces will not be subject to the federal private sector privacy law. see: Alberta Order also see: BC Order
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Continuing Coverage of Internet Jurisdiction Survey

Media coverage of the ABA/ICC Internet jurisdiction project continues with a nice feature in the ABA Journal eReport. This article follows similar coverage in Warren's Washington Internet Daily, National Journal's Technology Law Daily, and BNA's Electronic Commerce & Law Report.  
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CIPPIC Role In Copyright Case Featured

The Ottawa Citizen features a terrific story on the Canadian Internet Policy and Public Interest Clinic and its role in the recent file sharing case. The article focuses on the development of CIPPIC and provides a behind-the-scenes look at its involvement in the high profile CRIA case. 
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Net Jurisdiction Study Finds New Digital Divide

Professor Geist's regular Toronto Star Law Bytes column (Toronto Star version, HTML backup article) highlights the results of an ABA/ICC global Internet jurisdiction study released over the weekend. The survey of nearly 300 companies in 45 different countries found that U.S. companies were far more concerned and pessimistic about Internet jurisdiction risk than European and Asian companies. It also found that an "Internet jurisdiction risk toolkit" is emerging where companies target low risk jurisdictions and take steps to avoid doing business in perceived high risk jurisdictions. 

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Focus Shifts to Canadian Copyright Reform

The day after the federal court's file sharing discussion, much of the discussion shifted to potential copyright reform in Canada. Professor Geist comments in both the Ottawa Citizen and National Post on the prospect for reform.  
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Federal Ct. Decisions Attracts Global Attention

Yesterday's federal court decision involving file sharing is attracting global attention with many now labelling Canada a haven for file sharers. In addition to comments in subscription only services such as the National Post, Ottawa Citizen, and LA Times, Professor Geist comments in many media sources including USA Today, Toronto Star, and the Vancouver Sun. see: Sharing Music Over Internet Not Illegal, Federal Court Rules also see: Canadian Judge Says Swapping Music Online Is Legal (USA Today)
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Federal Court Denies CRIA Motion

Professor Geist comments on CNET and Canadian Press on the stunning Federal Court of Canada decision involving CRIA's request to compel ISPs to disclose the identities of their subscribers. The court denied the motion, ruling that CRIA failed to present the prima facie case needed to warrant disclosure. The court concluded that CRIA did not demonstrate that file sharers actually infringe on Canadian copyright law as it currently stands. see: Court Rejects Music Lawsuit also see: Judge: File Sharing Legal in Canada
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Canada's Copyright Revolution

Professor Geist's regular Toronto Star Law Bytes column (Toronto Star version, HTML backup article, homepage version) examines the recent Canadian Supreme Court LSUC v. CCH copyright decision. The column argues that the case instantly ranks as one of the strongest pro-user rights decisions from any high court in the world, showing what it means to do more than pay mere lip service to balance in copyright. It then proceeds the case from four perspectives -- 1. The litigants (the Law Society emerged victorious, though not a complete loss for the publishers) 2. The interpretation of copyright law (new standards for fair dealing and for authorization as well as the articulation of users rights) 3. The broader perspective on copyright law (the need to adopt a balanced perspective) 4. The societal shift of the view of copyright (a personalization of the importance of copyright). also see: LSUC v. CCH Canadian

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