Legal And Regulatory Aspects Of E-Commerce And The Internet

Author:H. Intven; R. Pfohl; C. Slusarchuk;
Profession:Members of the Toronto and Vancouver offices of the Law
Pages:03-160

    Hank Intven, Richard Pfohl, Cheryl Slusarchuk And Barry Sookman; The authors are members of the Toronto and Vancouver offices of the law firm McCarthy.Tétrault, www.mccarthy.ca. The authors wish to thank their colleagues who provided valuable input, comments, and assistance in the preparation of this article, including Cappone D'Angelo, Sandra Draibye, Brent Kerr, Navin Khanna, and Gabrielle Richards, and express special appreciation to Karen Gilmore who provided invaluable assistance in developing, reviewing, and revising the article. Without further attribution, portions of the article draw on extracts from Sookman: Computer, Internet and Electronic Commerce Law (Carswell 1989), in some cases paraphrasing text and related footnotes.

Hank Intven is a partner in the firm's business law practice group in Toronto. His practice focuses on regulatory and commercial matters involving the communications industries. He is the former executive director of telecommunications at the Canadian Radio-Television and Telecommunications Commission (CRTC). He is editor and coauthor of the Telecommunications Regulation Handbook, published in 2001 by the World Bank, with the support of the International Telecommunications Union. He holds an LL.B. from Osgoode Hall Law School (1974) and a B.A. from the University of Western Ontario (1971).

Richard T. Pfohl is counsel in the firm's business law practice group in Toronto, practicing in the Internet and electronic commerce, technology, and intellectual property law groups. He has taught Internet and e-commerce law as an adjunct faculty member of the University of Toronto Faculty of Law and lectured in the law school and e-business LL.M. program at Osgoode Hall Law School. Mr. Pfohl previously served as counsel to the United States Senate Judiciary Committee, Subcommittee on Technology and Government Information. He holds a J.D. from Harvard Law School (cum laude, 1993) and an A.B. degree from Princeton University (1986).

Cheryl Slusarchuk is a partner in the firm's Technology Law group in Vancouver. She practices in the areas of U.S. and international e-commerce, as well as commercial and corporate transactions. Prior to joining the firm, Ms. Slusarchuk lived for several years in the United States, where she was a partner in the technology/e-commerce group at a large international law firm and, previously, general counsel of a NASDAQ-listed technology company. She holds an LL.B. degree from McGill University (1991) and a J.D. from Chicago-Kent College of Law (2000). Ms. Slusarchuk is admitted in British Columbia, Canada; New South Wales, Australia; and Colorado and Illinois, United States.

Barry B. Sookman is the chair of the firm's internet and electronic commerce law practice group in Toronto. He is the author of the three-volume text Sookman: Computer Law: Acquiring and Protecting Information Technology (Carswell 1989), the four-volume text Sookman: Computer, Internet and Electronic Commerce Law (Carswell Apr. 2000), and Computer, Internet and Electronic Commerce Terms: Judicial, Legislative and Technical Definitions (Carswell 2001). He regularly advises on a wide range of issues related to computer, electronic commerce, and Internet law. He is a director of the Canadian IT Law Association and a member of the Advisory Board of the University of Toronto Faculty of Law's Centre for Innovation. Mr. Sookman holds an LL.B. from Osgoode Hall Law School (1980), a M.E.S. from the University of York (1980), and a B.A. from Concordia University (1976).

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1. Introduction

This article considers certain fundamental issues related to the creation of a legal and regulatory enabling framework for e-commerce, and generally for Internet information services.1 The article...

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