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|CASL Guidance for Registered Charities|
Rahim Esmail, Meghan Waters; McCarthy Tétrault LLP;
July 17, 2014, previously published on July 15, 2014Canada’s Anti-Spam Legislation (“CASL”), which came into force on July 1, 2014, is considered to be the toughest commercial electronic messaging (“CEM”) legislation in the world, with substantial fines for violations (including fines up to $10 million for...
|U.S. House Passes Permanent Internet Tax Freedom Act|
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill & Brennan LLP;
July 17, 2014, previously published on July 15, 014On July 15, the U.S. House of Representatives voted in favor of H.R. 3086, the Permanent Internet Tax Freedom Act (PITFA), by a voice vote. PITFA would permanently extend the moratorium on state and local taxation of Internet access and “multiple” or “discriminatory” taxes...
|Tennessee Employers and Social Media|
Don Benson; Hall Booth Smith, P.C.;
July 15, 2014, previously published on June 9, 2014Tennessee's new law prohibits employers, including government entities, from requesting or requiring access to the private social networking or online accounts of employees and job applicants.
|Florida Expands Requirements for Reporting Data Theft|
Matan A. Scheier, John Squitero; Katz Barron Squitero Faust;
July 14, 2014, previously published on July 9, 2014In response to increasing incidence and sophistication of cybercrimes, the State of Florida has expanded the guidelines of its existing data breach notification law. As a result, Florida businesses are well advised to upgrade their security protocols to decrease the likelihood of data theft, and...
|U.S. Supreme Court Finds Direct Copyright Liability for Subscriber-Directed Retransmissons of Over-the-Air Broadcasts|
Elisabeth A. Langworthy, Daniel C. Neustadt; Sutherland Asbill & Brennan LLP;
July 9, 2014, previously published on July 1, 2014The U.S. Supreme Court held last week that a service provider directly infringes a copyright owner’s exclusive performance right when it transmits to subscribers individualized streams of copyrighted works almost simultaneously to their broadcast over the air. Justice Stephen Breyer, writing...
|You Can Stay Anonymous: SCC Recognizes a Privacy Interest in Protecting Anonymity on the Internet|
Roland Hung, Charles S. Morgan; McCarthy Tétrault LLP;
June 27, 2014, previously published on June 22, 2014On June 13, 2014, in a landmark privacy ruling, the Supreme Court of Canada (“SCC”) in R v Spencer (“Spencer”) unanimously recognized that, in addition to confidentiality and control of the use of personal information, there may be a privacy interest in protecting anonymity...
|One final reminder - Are You Ready for Anti-Spam?|
June 24, 2014, previously published on June 20, 2014Any individual, business or organization that uses email, text messages or social networks to promote their products and services should take note of Canada's Anti-Spam Legislation and its accompanying regulations. Effective July 1, 2014, the new law will regulate electronic interaction and...
|What’s the Difference between Google and an Elephant? An Elephant Never Forgets|
Kirsten Thompson; McCarthy Tétrault LLP;
June 18, 2014, previously published on June 11, 2014Last month, in a bombshell decision, the European Union’s Court of Justice (“CJEU”) demanded that Google “forget” certain items. The demand resulted from a CJEU decision that individuals have a right to request that a search engine remove certain webpage links from the...
|Compliance with CAN-SPAM Does Not Equal Compliance with CASL|
Roland Hung; McCarthy Tétrault LLP;
June 18, 2014, previously published on June 10, 2014We are approximately a month away from the effective date of Canada’s Anti-Spam Legislation (CASL), July 1, 2014. CASL is widely considered to be among the toughest anti-spam legislation in the world and will have significant implications for businesses. All commercial electronic messages...
|The Clock is Ticking: Canada’s Anti-Spam Law Coming into Force in Less Than a Month|
Imran Ahmad, Bernice Karn; Cassels Brock & Blackwell LLP;
June 17, 2014, previously published on June 9, 2014The clock is quickly ticking to July 1, 2014, when one of the most stringent anti-spam laws in the world will come into force. To educate businesses about the new legislation, the Canadian Radio-television and Telecommunications Commissioner (the “CRTC”) recently held a number of...