UNIT 10 2010-II-06

UNIT 10 2010-II-06 - ENGR 4760U Ethics, Law and...

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ENGR 4760U Ethics, Law and Professionalism for Engineers Unit 10 Legal Landmines on the Internet 2010-II-06 Dr. J. Michael Bennett, P.Eng., PMP UOIT
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Unit 10 Legal Landmines on the Internet 2010-II-06 Dr. J.M. Bennett, P.Eng., PMP 10-2 Change Record 2010-II-06 Initial Creation
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Unit 10 Legal Landmines on the Internet 2010-II-06 Dr. J.M. Bennett, P.Eng., PMP 10-3 Course Outline 1. The Engineering Profession 2. Ethics 3. Engineering Law 4. Intellectual and Industrial Property 5. Conflict Resolution 6. The Contracting Process 7. Other Legal Issues for Professional Engineers 8. Occupational Health and Safety 9. Privacy Issues 10. Legal Landmines in E-Commerce 11. International Trade 12. Environmental Laws and Regulations
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Unit 10 Legal Landmines on the Internet 2010-II-06 Dr. J.M. Bennett, P.Eng., PMP 10-4 What will you learn today? Beware the Internet Problems in legality Problems in Crime
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Unit 10 Legal Landmines on the Internet 2010-II-06 Dr. J.M. Bennett, P.Eng., PMP 10-5 Roadmap 10.1 Jurisdiction 10.2 Torts 10.4 Taxation Issues 10.5 Privacy and Security 10.6 Security Regulation 10.7 Electronic Contracts 10.8 Websites 10.9 Communications Risk Management 10.10 Internet Crime
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Unit 10 Legal Landmines on the Internet 2010-II-06 Dr. J.M. Bennett, P.Eng., PMP 10-6 10.1 Jurisdictional Issues “The Internet has no territorial boundaries (Judge D. Mass) “typically a states’ jurisdictional limits are related to geography; geography, however, is a virtually meaningless construct on the Internet” (Judge ?? 1997)
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Unit 10 Legal Landmines on the Internet 2010-II-06 Dr. J.M. Bennett, P.Eng., PMP 10-7 When can a Court Assert Jurisdiction? Manitoba Rule 17.02 When the person upon whom the claim or application is to be served has property within the province, When the contract over which the dispute arose was made in the Province, When the contract provided that the courts of Manitoba would have jurisdiction to hear and resolve a dispute arising out of the contract When a breach of the contract occurs in Manitoba When the person upon who m the claim or application is to be served is resident in or carrying one business within the Province
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Unit 10 Legal Landmines on the Internet 2010-II-06 Dr. J.M. Bennett, P.Eng., PMP 10-8 Generally Accepted Cases Residing or having its principal offices located within a state or province Expressly agreeing to a jurisdiction Engaging in conduct which brings the person within the purview of the state’s “long arm” statutes Virginia Code “ regularly does or solicits business or engages in any other persistent course of conduct or derives substantial revenue form goods used or consumed or services rendered in Virginia”
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Unit 10 Legal Landmines on the Internet 2010-II-06 Dr. J.M. Bennett, P.Eng., PMP 10-9 Case: Braintek v. Kostiuk Defendant was alleged to have posted defamatory statements about the plaintiff, a high-tech company based in BC and Texas on a discussion group. BT obtained a $300K judgment against Kostiuk. BT moved to
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UNIT 10 2010-II-06 - ENGR 4760U Ethics, Law and...

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