Can a tablet replace your work PC?

Apple CEO Tim Cook recently said that 80-90% of his computer time is spent on an iPad.

This comment lead tech journalist Mike Elgan to wonder: “Could 80 percent of the corporate workforce do 100 percent of their work on a tablet?”  

His article sets out arguments for and against, but basically concludes that tablets would be sufficient for many.

For me personally, for what I need it for, while you would have to pry my tablet out of my hands, it is not adequate to replace my PC.  For too many things it is just not quite good enough, or efficient enough.  But depending on what one’s role is, a tablet may indeed be sufficient.

What do readers think?  Is anyone using a tablet while their PC gathers dust?

Cross posted to Slaw

http://harrisonpensa.com/lawyers/david-canton

Express Consent CASL app

Check out this new iPhone app (Android app coming soon) that helps solve the CASL problem of getting and proving you have consent to send email to people that you have just met, such as at a networking event.

Sometimes when legislation like CASL comes in like a freight train, it gives rise to opportunities for entrepreneurs and problem solvers.  This is an example of an innovative solution to help solve some of the difficult challenges that CASL brings.

(Disclosure – this was developed by a client.)

Simple is not easy

Have you ever used an app – whether on a phone, tablet, or desktop, and found them lacking?

Developers creating app versions of existing desktop software or online services face a dilemma. Apps are generally slimmed down versions of the original as they need to be used on touch interfaces, and the code needs to be smaller.

So app developers need to decide what features are important, how the app might be used differently in that context, and what can be left out.  Even though desktop software is often bloated with features that are rarely used, deciding what to leave out is not easy.   With computer code, similar to drafting contracts, simple is good but not easy.  Sometimes things are left off that are missed by some users or that drive users nuts because they spend so much time trying to figure out how to do something that is missing.

I recently found, for example, that the Windows metro Dropbox app won’t let you select more than 1 file at a time to download.  That’s a real pain if you are trying to download a couple hundred photos.  I’ve also noticed that the OneDrive app doesn’t let you access OneDrive databases other than the one linked to that computer.  And seen weather apps with reduced information.

This is a factor that makes some people lean towards HTML5 websites vs apps.

Cross posted to Slaw.

harrisonpensa.com/lawyers/david-canton

CASL now in force

You may be tired of hearing about CASL, and tired of getting the consent requests that people were sending out before July 1.  The pre July 1 scramble was done because sending an email to request consent is now itself considered spam.  But we may still see requests, which can be sent if the recipient fits into one of the exceptions.

In hindsight, I wish I had kept track of the number of consent requests I got, how many of those were not technically compliant with CASL, and how many were from entities I’d never heard of that were just trolling for contacts.

There are uncertainties over the interpretation of many parts of CASL, but it can’t be ignored.  Businesses need to do the best they can to comply and demonstrate diligence.  CASL compliance will be an iterative process over time as the interpretation hopefully becomes more clear. While the CRTC will no doubt focus on real spammers, anyone can complain, and you never know who they might choose to make an example of.  Don’t set yourself up to be that example.

For more detail on CASL check out the HP CASL page, or search for CASL on my blog.

Cross posted to Slaw

CASL hits next week – are you ready?

CASL – Canada’s new anti-spam legislation – becomes law on July 1.  It is a sledgehammer to kill a fly approach to spam that requires attention by almost every business and not for profit.  In my view, the significant amount of time, effort, and money that it will take for legitimate businesses and not for profits to comply with the act will come nowhere close to justifying any meagre benefit.

Many business have complied, many are just waking up to it now, and many are ignoring it.  It doesn’t help that the act has a broad definition of spam that goes way beyond the drugs, diets and deals emails that the average person would consider spam - then picks away at it with a myriad of convoluted exceptions.  Many can’t believe that such an act was passed in the first place.  But CASL is not going away any time soon.  At some point someone is going to take a run at the constitutionality of it – but that could take years.

Given the significant potential sanctions for non-compliance, resistance is futile.

If you have not taken steps to comply yourself, do it now.

When you get an email requesting consent, do the sender (and yourself) a favour and grant your consent if it is something you want to keep getting.  If the email is for something you don’t want, or from someone you have never heard of before that is trolling for new contacts, consider unsubscribing instead of just ignoring it – ignoring it is not the same as unsubscribing.

For more detail on CASL check out the HP CASL page, or search for CASL on my blog.

Cross posted to Slaw.

CRTC releases CASL compliance program bulletin

The CRTC just released another bulletin regarding CASL – Compliance and Enforcement Information Bulletin CRTC 2014-326.  It sets out “Guidelines to help businesses develop corporate compliance programs”.

The bulletin sets out CRTC thoughts on best practices for the development of corporate compliance programs for both CASL and the do not call rules.  It is worth taking a look at, because having a proper compliance program in place reduces the likelihood of a violation, helps establish a due diligence defence (a due diligence defence may not give a complete pass on a violation, but will reduce the consequences), and helps avoid director and officer personal liability.

Keep in mind that these bulletins do not have the force of law, and don’t bind the CRTC. And as the bulletin rightfully points out, all businesses are different, and small businesses don’t have the same resources as large one.

For more information on CASL search my blog for “CASL”, or visit the HP CASL page.

 

SCC “gets” tech – government not so much

Far too often – at least in my opinion – courts and legislators don’t seem to understand technology related issues or how the law should fit with them.  The Supreme Court of Canada, however, got it right with Spencer, which basically says that internet users have a reasonable expectation of anonymity in their online activities.  Last Fall the SCC sent a similar message in the Vu case saying that a general search warrant for a home was not sufficient to search a computer found there.  And that trend will hopefully continue with its upcoming Fearon decision on the ability to search cell phones incident to arrest.

While the SCC seems to now “get it” when it comes to privacy and technology, the federal legislature doesn’t seem to.  It has continually tried to erode privacy with a series of “lawful access” attempts, the latest of which may be unconstitutional given the Spencer decision.  Another example of the federal legislature not “getting it” is the CASL anti-spam legislation, which imposes huge burdens on normal businesses and software providers.

Cross posted to Slaw

http://harrisonpensa.com/lawyers/david-canton  

Clarification on CASL charity exemption?

Imagine Canada has published an Issue Alert resulting from discussions it had with Industry Canada about the charitable exemption to the anti-spam legislation. They say Industry Canada is interpreting this exemption broadly, which would be good news for charities.

The regulations contain an exemption that says the act does not apply to messages ” … sent by or on behalf of a registered charity as defined in subsection 248(1) of the Income Tax Act and the message has as its primary purpose raising funds for the charity”.

It was unclear how broad that exemption is in practice, given the broad definitions of CEM. Did it, for example, apply to fundraising events, or for tickets being sold by a theatre or orchestra?

Imagine Canada says Industry Canada has advised them that the exemption does apply to messages selling those things, and that ” .. “if the commercial activity is undertaken to carry out the charity’s mission, and the funds go directly to the charity to support its work, then it likely falls under the exemption.”

This is not a complete free pass for charities on CASL.  The act may still apply to some commercial activities of a charity, and might apply if a newsletter is laden with third party ads.

Lets hope Industry Canada or the CRTC adds this clarification to their own FAQs soon to give us further comfort on this.

 

The Cloud – Panacea or Perilous?

The cloud has been touted as a significant revolution in computing – providing scalable, secure, and cost effective alternatives to owing and managing your own computing infrastructure.  It has also been criticized for being insecure, unreliable, and a potential threat to the future of your business if something goes wrong.

So which is it?  It can be both, actually.

Done right – with the right application, the right vendor, the right agreement, and with proper attention to issues like security, encryption, privacy, and continuity – it can work very well.

Done wrong – without those details being considered – it has the potential to cause things ranging from spotty performance to embarrassing data leakage to a business ending catastrophic failure.

The key is to spend the time up front to get it right.

(Cross-posted to Slaw)

http://harrisonpensa.com/lawyers/david-canton