Originally held on February 2, 2011, this teleseminar is now available for purchase either as an on-line audio stream with downloadable link to materials; or on CD-Rom (audio archive with program materials).

The much anticipated federal anti-spam legislation has just received Royal Assent. The Fighting Internet and Wireless Spam Act (FISA) aims to facilitate electronic commerce by controlling spam and software downloading, as well as such things as spyware, adware, botnets and more.  In so doing the FISA will have an impact on a broad range of email and online business activities. Good working knowledge of this new act will become critical information for any lawyer advising companies on marketing and advertising, software sales and distribution, websites, and other electronic commerce.  As well, executives in charge of e-commerce business lines should also be familiar with this Act.

Join us for an opportunity to hear about how FISA will work, explained by one of the most respected e-commerce and privacy lawyers together with key players involved in the drafting and enforcement of the legislation.

The seminar will cover such topics as:

• The critical move from an opt-out to an opt-in model
• The types of activities and digital modalities that will be affected
• Consent: what will qualify?
• Implied consent - statutory definitions of a business and non-business relationship; other defined exceptions
• When might consent be implied beyond the statutory circumstances?
• Strategies for obtaining consent
• Software downloads: consent beyond shrink wrap agreements
• The impact of FISA on the PIPEDA, and privacy regulation more broadly
• The new landscape of regulatory enforcement; penalties
• New private rights of action for spamming, prohibited collection of personal information, and other activities
• New avenues for interjurisdictional regulatory cooperation and info sharing

Presenters
Mark Hayes, Hayes eLaw LLP
Andre Leduc, Senior Policy Advisor, Spam, Cryptography and Cybercrime

Industry Canada
Lynne Perrault, Director, Electronic Commerce Enforcement Unit, CRTC

OPD Program Lawyer

Ken Jepson

kjepson@osgoode.yorku.ca