The following topics are
suggested for Fall 2005:
1. Does the CRTC's recent
decision to regulate VoIP
indicate that greater Internet
regulation can be
expected?
2. Will the proposed changes
to the Copyright Act in Bill
C-60 strike a fair balance
between the rights of copyright
owners and copyright
users?
3. What the Federal Court
gives, the Federal Court of
Appeal takes away - where does
the law on file-swapping stand
in Canada after the Federal
Court of Appeal's decision in
BMG v. John Doe, [2005] F.C.J.
No. 858 (F.C.A.)?
4. Picketing on the Internet
- How far can a union go in its
criticism?
5. U.S. courts are applying
the doctrine of initial interest
confusion to trade-mark usage on
the Internet. Is that doctrine
available to Canadian trade-mark
owners?
6. The legal enforceability
of digital signatures has been a
hot topic for the last few
years. Rules are now in place:
why aren't digital signatures
more prevalent?
7. What criteria will
Canadian courts apply before
enforcing foreign judgments
against a Canadian's online
activities?
8. Are courts clarifying or
confusing the rules relating to
click-wrap and shrink-wrap
agreements?
9. An examination of the use
of electronic agents to conclude
online legal agreements. While a
contract may be formed by the
interaction of an electronic
agent and a natural person or by
the interaction of electronic
agents, emerging technologies
continue to push the envelope.
For example, "Contract by
Spiders" - can automated
software tools (called
"spiders") be used to
legally consent to the terms of
use or terms of service
agreements on websites they
visit -- thereby committing
their operators to the terms of
those agreements and subjecting
them to liability for violations
? Examine the use of electronic
agents in the formation of
online contracts and the issues
raised thereby.
10. Special On-line Issues -
The Internet has become an
important tool for the health
care industry. What legal issues
are raised by the use of online
services related to the online
collection, use and disclosure
of health related data and
information ? What legal
protections exist today to
safeguard same ?
11. Special On-line Issues II
- The Internet has become an
important tool for marketing to
children. What legal issues are
raised by the use of the
Internet to market products and
services to children and to
collect and use information from
and about children? What legal
protections exist today to
safeguard children and what gaps
continue to exist?
12. Should Canadian law
protect technologies that
protect copyright ? Consider
whether Canada should adopt the
anti-circumvention provision
described in the recent
Government of Canada Statement
on Proposals for Copyright
reform - which would make it an
offence to circumvent, for
infringing purposes, a
technology that is used to
protect material that is subject
to copyright protection. What
impact could such adoption have
(such as from the perspective of
copyright policy, innovation and
freedom of expression, etc.).
13.
Has the law relating to
Internet Service Provider
liability in Canada changed in
the wake of the Supreme Court of
Canada's decision in SOCAN v.
Canadian Association of Internet
Providers 2004 SCC 45?
14.
Defamation on the
Internet; Are there coherent
rules yet?
15.
Is there still a need for
a domain name dispute resolution
process?
16.
Does Canadian trade-mark
law provide adequate protection
to trade-mark owners against
search result advertising?
17.
Do the domain name
dispute resolution policies
strike the right balance when
addressing protest or parody web
sites?
18.
Spam – can the law
protect us?
19.
Does Canada need a data
protection directive or other sui
generis protection for
databases?
20.
Internet pharmacies and
the impossibility of regulating
e-commerce.
21.
Employer's rights to
monitor and limit use of email
and the Internet.
22.
Jurisdiction on the
Internet – a comparison of
Canadian and American
approaches.
23.
Should the CRTC regulate
"broadcasting" on the
Internet?
24.
Should business method
patents be available in Canada?
25.
Who owns what? The
rules relating to intellectual
property ownership in the
workplace.
26.
Do
the present Criminal Code and
common law search provisions
give Canadian police the tools
needed to investigate crime in
the information technology age?
Compare Canadian responses to
those of the US and Europe.
How can legislation keep pace
with evolving technologies?
27.
Few
crimes are ‘technology
specific’ – what criteria
should guide Parliament in
creating new “e-crime”
provisions? Should Parliament
move to criminalize spam and
other specific internet abuses?
28. Do
offshore internet
"casinos" violate Criminal
Code gambling
provisions?
Interested
in writing on a topic not listed
above?
Please send a
brief description of your
proposed paper topic to info@itlaw.com
or dcameron@ogilvyrenault.com
for prior approval. Your
request will be responded to as
soon as possible.
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