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Publications & Conferences
David speaks and writes regularly on communications and privacy matters, most recently including:
Speaking
- "The Age of Consent: Canada's Opt-in Anti-Spam Law Draws Near", Canadian Bankers Association, Toronto, June 2013.
- "The Age of Consent: Canada's Opt-in Anti-Spam Law Draws Near", CASL and Other Privacy Updates, The Council for Chief Privacy Officers, May 2013.
- "A Guide to Canada's New Anti-Spam Law (CASL)", Osgoode Professional Development, Toronto, April 2013.
- "The New Canada Anti-Spam Law (CASL): Industry Canada has Spoken - In-house Counsel Should Listen", co-hosted by Canadian Corporate Counsel Association and Canadian Bar Association, Toronto, March 2013.
- "Managing High Risk Compliance Areas", Osgoode Certificate in Regulatory Compliance and Legal Risk Management for Financial Institutions, Toronto, March 2013.
- "In Conversation with David Elder", Understanding Privacy in 2013: The New Rules of Engagement, Marketing magazine conference, Toronto, February 2013.
- "Friends, Cookies and Commerce: Interest-Based and Social Media Marketing", PIPA Conference 2012: Privacy on the Go, Calgary, November 2012.
- "Cross Border Data Flows: Multi National Cloud Environments", 3rd Annual Privacy, Access and Security Congress, Reboot Communications, Ottawa, October 2012.
- "Privacy Key Issue - When is Data Anonymous?", panel discussion, 3rd Annual Access to Information and Privacy Law Symposium, Canadian Bar Association, Ottawa, September 2012.
- "Understanding Bill C-30," iPolitics webcast discussion, March 2012.
- "Private Sector Privacy: A Matter of Principles," International Association of Privacy Professionals Knowledgenet, Toronto, February 2012.
- "Interest Based Advertising: Privacy, Priorities and Proportionality," Luncheon Keynote Address to 13th Annual Privacy & Security Conference: Keeping Pace with the Digital Revolution, Victoria, B.C., February 2012.
- "Behavioural Geo Targeting and On-Line Advertising: 'Every Move you Make...'", panel discussion, 13th Annual Privacy & Security Conference: Keeping Pace with the Digital Revolution, Victoria, B.C., February 2012.
- "Interest Based Advertising: Privacy, Priorities and Proportionality," keynote speaker and "Behavioural Geo Targeting and On-Line Advertising," panel discussion, 13th Annual Privacy and Security Conference: Keeping Pace with the Digital Revolution, Reboot Communications, Victoria, February 2012.
- "Privacy Requirements and Best Practices on Social Media Advertising", Advertising and Marketing in a Social Media World, Stikeman Elliott client seminar, Ottawa, November 2011.
- "Privacy and Security: Who Should Know What About Canadians' Digital Habits, and What Should They Be Allowed To Do With the Info?," panel discussion, International Institute of Communications 2011 Conference, Ottawa, November 2011.
- "Cybermarketing and Behavioural Advertising," 2nd Annual Privacy and Information Security Congress 2011 - The Future of the Internet: Opportunities & Challenges of Web 3.0, Ottawa, November 2011.
- "Navigating Privacy and Spam Compliance in Social Media Advertising," Advertising in a Social Media World, Stikeman Elliott client seminar, Toronto, September 2011. Seminar materials.
- "We Really Don't Know Clouds At All: Challenges to Privacy Compliance," 2nd Cloud Computing Law Course, Federated Press, Ottawa, June 2011.
- "Spam and Privacy Update: Are you compliant?" Stikeman Elliott CLE Seminar, Montréal, May 2011.
- "Privacy Breaches: Legal Risks, Obligations and Best Practices", Privacy Breach: Understanding the Risk and Managing a Crisis, Marsh Canada Limited, Calgary and Ottawa, May 2011.
- "The Wide Net of Canada's New Anti-Spam Legislation", Spam and Privacy Update, Stikeman Elliott CLE seminar, Toronto, 13 April 2011.
- "Abusive Content and Privacy/Security Breaches: Best Practices for Response and Prevention", Managing Legal and Business Risks in Social Media Conference, Canadian Institute, Toronto, April 2011.
- "Developments in Canada: Advertising and Privacy Laws," Reading the Fine Print: Taking Stock of Recent Developments in Canadian Advertising Law, Stikeman Elliott client seminar, Toronto, November, 2010.
- "A Year in Privacy: Highlights from the Courts and the Commissioner", Meeting Your Privacy Obligations, Canadian Institute, Toronto, May 2010.
- "Goin' Mobile: The Future of Wireless Competition", 8th Annual Canadian Telecommunications Forum, Ottawa, November 2009.
Publications
- "Canada" chapter, Getting the Deal Through: Telecoms and Media 2013, Law Business Research Ltd., April 2013.
- "Opt-in: Canada's new legislation to eliminate spam", E-Commerce Law & Policy, December 2012.
- "Commissioner warns websites to fix 'web leakage'", The Lawyers Weekly, November 16 2012.
- "Leon's decision rearranges the furniture of Canadian privacy law," Privacy Pages, August 2012.
- "CRTC tweaks anti-spam regulations", Internet and E-Commerce Law in Canada, May 2012.
- "Canada" chapter, Getting the Deal Through: Telecoms and Media 2012, Law Business Research Ltd., April 2012
- "Lawful access bill drawing more fire," The Lawyers Weekly, April 2012.
- "Canada" Chapter, Data Protection and Privacy, European Lawyer Reference Series, First Edition 2011.
- "Op-ed: Privacy Czar's online advertising guidelines go too far," FP Tech Desk, Financial Post Online, 7 December 2011.
- "Panning for Gold in the Mud: The Availability of Privacy Damages Under PIPEDA," Canadian Privacy Law Review, December 2011.
- "CRTC Rattles Sabre at ISPs Who Breach Internet Traffic Management Rules," Internet and E-Commerce Law in Canada, November 2011.
- "Nothing up in the air about privacy: foreign airline must comply with Canadian law," Canadian Privacy Law Review, November 2011.
- "Employees Doing Business Over Their Personal Smart Devices: What Are The Risks, Controls and Protocols For Businesses In Canada?" Nymity News, Privacy Interviews with Experts Series, September 2011.
- "Privacy Commissioner Can Now Be Choosier about Complaints She Investigates," Canadian Privacy Law Review, June 2011.
- "Canada", Getting the Deal Through: Telecoms and Media 2011, Law Business Research Ltd., May 2011.
- "Anti-spam law governs software - not just email," The Lawyers Weekly, April 2011.
- "Privacy Commissioner Given Power to be Selective about Investigations," BNA International World Data Report, April 2011.
- "Court awards first ever damage award under Canadian private sector privacy legislation", BNA World Data Protection Report, January 2011.
- "Privacy "What if?": no medical files, no compensation", Privacy Scan, October, 2010.
- "Privacy "What if?": the game show approach to surveillance", Privacy Scan, October 2010.
- "The Matter of Local Television: Conventional Broadcasting at the Crossroads," (2010), New Developments in Communications Law and Policy, Law Society of Upper Canada/Canadian Bar Association, April 2010. (co-author Sheridan Scott).
- "Lawful access legislation, the sequel: more tools for law enforcement, more concerns for privacy advocates", Privacy Scan, September 2009.
- "Changing Communications Regulation in the Information Age," (2000), 14 C.J.A.L.P. 153 (co-author Sheridan Scott).
- "Telecommunications Common Carriers and Subscriber Privacy: 'Collateral Damage' in the War on Terrorism?" (2002), New Developments in Communications Law and Policy, Law Society of Upper Canada/Canadian Bar Association.
Media Mentions
David is frequently interviewed by the media and asked to comment on communications, competition, and privacy law matters. He has been quoted in various publications, including:
- "Cole prompts vigorous debate on privacy at work," Law Times, 21 January 2013.
- "Will the digital cloud lead to a deluge of privacy class actions?" Financial Post, 28 November 2012.
- "Lawyers critical of spam guidance: CRTC information raises ire of business community," Law Times, 29 October 2012.
- "Supreme Court Bolsters Employee Privacy," Lexpert, October 2012.
- "Businesses jittery as new law to take effect next year," Law Times, 4 June 2012.
- "The Supreme Court of Canada's recent decision to refuse leave to appeal in Globalive Wireless Management Corp. v. Public Mobile Inc.", The Globe and Mail, Report on Business, Law Page, May 9, 2012.
- "Globalive casts long shadow," Lexpert, March 2012.
- "Government changes rules to attract new entrants," Law Times, 23 April 2012.
- "CRTC publishes final anti-spam regulations," Financial Post, 16 March 2012.
- "Expiring terms present opportunity to reduce commission size," The Wire Report, 17 January 2012.
- "Commission's executive exchange program flatlines, for now," The Wire Report, 6 January 2012.
- "Government spending review eyes CRTC's spam, do-not-call list programs," The Wire Report, 30 November 2012.
- "CBC can't meet new 2012 digital deadline, intends to ask for another extension," The Wire Report, August 2011.
- "Von Finckenstein would like to stay on in 2012, sources say," The Wire Report, August 2011.
- "Another win for anonymous bloggers," Lawyers Weekly, August 2011.
- "'No magic answer' when it comes to value-for-signal, lawyer says," The Wire Report, July 2011.
- "Geist unloads CRTC net neutrality complaints, says enforcement is 'abysmal'," The Wire Report, July 2011.
- "CRTC, courts, can enforce Cancon rules on foreign OTT services: legal expert", The Wire Report, 7 July 2011.
- "'No great rush' to liberalize foreign ownership limits internationally," The Wire Report, July 2011.
- "CRTC opens consultation on Netflix-style services," ITWorld Canada, 14 June 2011.
- "Ontario opens door to online gambling: But lawyers foresee possible legal problems for the province," Law Times, 6 June 2011, p. 13.
- "Honda hit with class action lawsuit after data breach", Fierce CIO, 2 June 2011.
- "Honda Data Breach Triggers Lawsuit", Information Week, 1 June 2011.
- "CRTC's national broadband target nods to government to make next move, insiders say," The Wire Report, 10 May 2011.
- "Canada Election Result Bloggers Face Fines Under 1938 Law," Bloomberg, 2 May 2011.
- "18 months on, industry divided on effectiveness of CRTC net neutrality policy," The Wire Report, 15 April 2011.
- "Lobby groups push Internet policy, foreign ownership, Canadian broadcasting as campaign issues," The Wire Report, 6 April 2011.
- "Spam's big hammer", Canadian Lawyer, March 2011, at p. 43.
- "Court issues rare damage award: Companies to take stock as judge raps credit agency over botched records", Law Times, 24 January 2011.
- "Time to take steps assuring compliance of new spam law," Financial Post, 5 January 2011.
- Guest on The Bill Good Show, discussing "Canadian Wikileakers," CKNW Radio, Vancouver, 10 December 2010.
- "Canadian WikiLeaks mirrors could spark legal battles," The National Post, 10 December 2010.
- "CRTC lacks data to make informed decisions on vertical integration: CEP", The Wire Report, 10 December 2010.
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