Ever place a bet on the outcome of a pro-sports game or play a few hands of poker in an offshore casino from your couch? You’re not alone. It is estimated Canadians placed at least $4-billion worth of bets last year outside the reach of provincial regulators, mainly through online poker and sports-betting sites that may be located in places like Gibraltar, the Isle of Man and Cyprus. Is it legal? Michael Lipton, one of Canada’s top gambling lawyers, believes offshore operators taking Canadian bets is not. Still, no need to worry about the police swooping in to seize your computer. Canada’s gaming laws are about as antediluvian as a game of pickup lacrosse. The relevant part of the Criminal Code that gives the provinces and territories the exclusive right “to conduct and manage” gambling doesn’t even contain the word Internet. Go ahead, do a search. Part VII, s. 201. You won’t find the words “online” or … [Read more...] about Gaming the System
National b competition licence
On 25 May 2016, the European Commission (“Commission”) unveiled a package of measures in the context of its Digital Single Market (“DSM”) Strategy for the European Union (“EU”) that included four legislative proposals designed to boost e-commerce in the EU by tackling unjustified geo-blocking, cross-border parcel delivery, consumer protection and EU audiovisual rules.Overall the package is more cautious than might have been expected given some of the rhetoric a year or so ago. The Commission appears to be concerned about interfering unduly with existing market structures and practices, and possibly also about the perpetually difficult interaction between intellectual property and competition law.One consequence of the package may be that ongoing competition investigations and sector inquiries could have more impact on markets in the short-term than legislation.Certain aspects of this package will be discussed in three separate notes. This … [Read more...] about European Commission’s Legislative Proposal on Unjustified Geo-Blocking
The European Commission’s Directorate-General for Competition has issued a lengthy preliminary report of its ongoing sector inquiry into the e-commerce of goods and digital content. The sector-wide inquiry was launched on May 6, 2015, in the context of a wider legislative initiative by the Commission implementing its Digital Single Market strategy. The ongoing inquiry and impending future enforcement actions will have major implications on the law and enforcement of product distribution in Europe, both online and offline.The purpose of the European Commission’s inquiry is to identify features of e-commerce within the European Union that effect online and offline distribution strategies and raise barriers to competition. The sector inquiry itself will not result in infringement findings. Instead, the inquiry will provide the factual, legal and economic context necessary for future investigations of individual companies, which the Commission has warned it will initiate. Most … [Read more...] about On the Way to European Digital Single Market: Whether You Sell Online or Offline – Listen Up!
Regulatory bodies and lawsAviation in the United States is regulated primarily by the Department of Transportation and the Federal Aviation Administration (FAA) pursuant to Title 14 of the Code of Federal Regulations (the Federal Aviation Regulations, 49 USC (the Transportation Code) and the corresponding regulations.Safety regulationThe FAA regulates the safety of commercial and private air transport. Screening passengers and ensuring onboard security is the responsibility of the Department of Homeland Security's Transportation Security Administration. The National Transportation Safety Board conducts non-criminal aircraft accident investigations.The Federal Aviation Regulations (14 CFR Section 1.1) define a 'commercial operator' as:"A person who, for compensation or hire, engages in the carriage by aircraft in air commerce of persons or property... [W]here it is doubtful that an operator is for 'compensation or hire', the test applied is whether the carriage by air is … [Read more...] about Regulation of Aviation Operations