Top 10 IT & Telecoms Headlines from North America On April 3, 2009, the Second Circuit Court of Appeals ruled against Google in a much-anticipated keyword case, Rescuecom v. Google. On April 23, 2009, the Ontario Legislature passed into law the Countering Distracted Driving and Promoting Green Transportation Act, (the "Cell Phone Act"), which amends the Highway Traffic Act to prohibit the use of certain display and handheld communication and entertainment devices while operating a motor vehicle, particularly those that are capable of receiving or transmitting telephone communications, electronic data, mail or text messages. Employers are learning the hard way that gaining access to private employee information during workplace investigations can lead to lawsuits, liability and headaches. Based on several market analisesperformed since the beginning of the millennium in Mexico, it hasbeen possible to identify a clear and constant growth in the use ofdomain names by the small and medium size companies of the country. A recent opinion from the U.S. Court of Appeals for the Sixth Circuit serves as a strong reminder to those structuring and evaluating mergers, acquisitions, and even internal corporate reorganizations to carefully consider the impact of federal intellectual property laws on the transferability of licensed software and other licensed intellectual property. This economic crisis is also exceptional for its threat to personal data. The United States is in the midst of the first severe economic meltdown of the information age — an age where data about consumers, employees, patients and borrowers is maintained on computers for companies large and small. HITECH Act Greatly Expands Scope of HIPAA'sApplicability and Enforcement and Increases Civil MonetaryPenalties for Violations. The FCC's proposed "open Internet" and net neutrality rules, if adopted, will affect any enterprise or organization that uses or relies on the Internet for its business or operations. This HIPAA Update provides a detailed description of the new breach notification requirements for HIPAA covered entities and business associates as required by interim final rule issued pursuant to the HITECH Act of 2009. On April 24, 2009, the Minister of Industry and Commerce, on behalf of the Government of Canada, tabled Bill C-27, being legislation to enact the "Electronic Commerce Protection Act" (the "ECPA"). |