Kara Sears
The Canadian Technology Law Association, or CAN-TECH Law, is a national forum for Canadian practitioners to discuss the country's unique aspects of technology law and related fields like e-commerce and intellectual property. Founded in 1997, CAN-TECH Law has grown to encompass approximately 350 members, making it a must-join association for lawyers practicing technology law in Canada. The organisation provides a platform for the discussion of evolving technology law, offering substantive learning opportunities through conferences, roundtables, and newsletters, as well as invaluable networking potential. CAN-TECH Law also addresses specific areas of interest, including privacy, outsourcing, digital commerce, and IT litigation.
| Characteristics | Values |
|---|---|
| Name | Canadian Technology Law Association |
| Alternate Names | Can-Tech Law, CAN-TECH Law |
| Year Founded | 1997 |
| Members | Approximately 350 |
| Purpose | Promote the development of technology law in Canada and the discussion of all related subjects |
| Activities | Annual conferences, quarterly roundtables, networking events, distribution of a bi-weekly newsletter in English and French, ad hoc forums on specific areas of interest to technology law practitioners |
| Contact | Chris Makuch, Executive Director, Tel: 905-889-0640, Email: [email protected] |
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What You'll Learn
Data privacy and security
To address these concerns, many countries have adopted general data protection and privacy laws. These laws typically have broad provisions and principles that govern the collection, storage, and use of personal information. For example, the purpose limitation principle states that the collection and use of personal data should be limited to purposes stated in the law or for which the individual has given consent. Additionally, data protection requires a holistic approach to system design, incorporating legal, administrative, and technical safeguards to protect individual data, privacy, and user rights.
In the United States, there are hundreds of sectoral data privacy and security laws among the states. State attorneys general oversee data privacy laws governing the collection, storage, safeguarding, disposal, and use of personal data, especially regarding data breach notifications and the security of Social Security numbers. Some laws apply only to governmental entities, while others apply to private entities or both. The U.S. Federal Trade Commission (FTC) also plays a crucial role in enforcing privacy laws and taking action against organizations that fail to maintain reasonable data security measures or violate consumer data privacy rights.
Internationally, the EU-U.S. Data Privacy Framework is an important initiative to be aware of, although it is not a law per se. The framework aims to protect the privacy and security of personal data transferred across borders. Additionally, the TDPSA grants consumer rights that align with common privacy laws, allowing individuals to confirm, correct, delete, and obtain copies of their personal data, as well as opt out of targeted advertising or data sale. The law is enforceable by state attorneys general who can issue fines for violations.
To summarize, data privacy and security laws are crucial for safeguarding individual privacy and user rights in the digital age. With the increasing risk of cyberattacks and data breaches, countries and organizations must adopt comprehensive legal and technical measures to protect personal data and ensure its secure collection, storage, and use.
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Intellectual property
The Kernochan Center for Law, Media, and the Arts at Columbia Law School contributes to a broader understanding of the legal aspects of creative works of authorship, including their dissemination and use. The center conducts research, hosts speakers and conferences, and awards prizes for outstanding journal articles on current IP topics. It also offers courses and seminars on topics such as intellectual property, copyright, trademarks, and the regulation of electronic media.
An understanding of copyright, patent, and trademark law is essential for lawyers representing the interests of artists, inventors, scientists, and startups in the digital space. With the rise of digital commerce, art, finance, and business start-ups, it is crucial to understand how intellectual property protections such as copyrights, trademarks, and patents uphold the rights of authors, scientists, entrepreneurs, and other creators.
While many students believe that a science or engineering background is necessary to practice intellectual property law, it is not a requirement for most attorneys. A technical background can be helpful, especially for those who want to become patent prosecutors, but students without one will still find many opportunities in copyright, trademark, trade secret, and technology law.
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Cryptocurrency
The regulatory treatment of cryptocurrency varies across jurisdictions, with legal considerations encompassing anti-money laundering compliance, securities laws, taxation, and consumer protection frameworks. Crypto regulations are the legal rules and guidelines that are issued by governments to shape how digital assets such as virtual currency operate. Cryptocurrency uses a secure technology called cryptography to keep transactions safe and verify fund transfers to prevent fraud. It operates on a decentralized system, and transactions are recorded on a public ledger called blockchain.
The lack of clear crypto-specific laws has forced businesses to interpret existing financial regulations in different ways, leading to uncertainty and misinterpretation. In the US, the federal government has not exercised its constitutional power to regulate blockchain to the exclusion of states, leaving individual states free to introduce their own rules and regulations. While FinCEN does not consider cryptocurrency to be legal tender, it does consider exchanges as money transmitters subject to their jurisdiction. The IRS, meanwhile, has begun considering cryptocurrencies property and has issued tax guidance accordingly.
Stablecoin bills moving through Congress, such as the STABLE and GENIUS Acts, could hand big tech the keys to banking, experts warn. Under the current language of the bills, non-financial companies would be able to create their own stablecoins via subsidiaries. This would allow big tech players like Meta, X, and Amazon to create their own privatized forms of money, further consolidating corporate power.
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Artificial intelligence
AI-driven legal research technology is gaining traction in the marketplace, with companies like Casetext and ROSS Intelligence building research platforms that have a sophisticated semantic understanding of legal opinions' actual meanings. These platforms provide nuanced perspectives on how different cases relate to one another, going beyond mechanical keyword matching.
AI also has the potential to reduce costs for clients, making legal services more accessible to a wider range of people. Additionally, it can assist lawyers in conducting legal research more efficiently and accurately. However, some concerns have been raised about the impact of AI on the legal profession, including the potential for "de-skilling" lawyers and the possibility of infringing on fundamental rights such as privacy and the presumption of innocence.
The regulatory landscape for AI is evolving, with the EU Commission proposing an AI Regulation that will impact various industry sectors and activities. Canada has also shown a commitment to strengthening its global position and approach to AI, while the future of specific AI legislation in the country remains uncertain. As AI proliferates, it is essential for businesses to consider their AI governance processes to navigate the complex regulatory landscape effectively.
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Competition law
In recent years, there has been an increased focus on competition law in the digital space, with tech conglomerates like Google and Amazon facing scrutiny for their anti-competitive practices. For example, Google has been accused of utilising tie-in agreements and tying contracts, forcing independent developers to install non-essential applications on their Android devices. This conduct has been deemed exclusionary and harmful to the spirit of competition, attracting significant fines from antitrust agencies worldwide.
To address these issues, various jurisdictions have implemented competition laws and established regulatory bodies. For instance, India established the Competition Commission of India under the Indian Competition Act (2002) to protect and promote market competition while preventing anti-competitive practices. Similarly, the United States has two key antitrust laws: the Sherman Act and the Clayton Act. These laws aim to curb anti-competitive activities and promote healthy competition in local markets.
The European Union (EU), on the other hand, has the Treaty for the Functioning of the European Union (TFEU) as its primary tool for penalising offenders that disrupt competition. Articles 101 to 106 of the TFEU form the basis of the EU's antitrust regime, targeting agreements that lead to cartelisation, monopolistic practices, and abuse of dominance. Despite these efforts, the EU has been criticised for overlooking the importance of competition law as a policy lever, potentially placing it at a disadvantage compared to the United States in terms of the regulatory environment for intellectual property and licensing practices.
To further complicate matters, the refusal to license intellectual property, though exclusionary in nature, does not necessarily constitute a violation of antitrust law. This was demonstrated in the Federal Trade Commission's (FTC) decision regarding Intel Corp., where the FTC deemed it legitimate for Intel to withhold its intellectual property from rivals to protect its monopoly product. Nevertheless, regulatory authorities and research centres, such as the Center for Technology, Innovation & Competition (CTIC) at Penn Carey Law, are actively working to advance the discipline of law and technology, addressing complex issues related to competition, intellectual property, and emerging technologies.
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Frequently asked questions
CAN-TECH Law stands for Canadian Technology Law Association. It was founded in 1997 by Canadian technology lawyers to provide a national forum for practitioners to discuss Canadian technology law and related fields.
The association aims to promote the development of technology law in Canada and encourage the discussion of related subjects. It offers learning and networking opportunities to its members and helps them stay current in this rapidly evolving area of law through newsletters, forums, and conferences.
With approximately 350 members across Canada, CAN-TECH Law is a must-join association for any lawyer practicing technology law in the country. It provides a forum for those new to technology legal issues to grow their knowledge and network with experienced professionals.
For more information, you can contact Chris Makuch, the Executive Director of the Canadian Technology Law Association, by phone at 905-889-0640 or by email at [email protected].
