Indian Time - A Voice from the Eastern Door

Governor Cuomo Announces Statewide Initiative to Combat Heroin Use

Governor Andrew M. Cuomo announced a statewide initiative to combat the rise of heroin use. The multi-faceted approach includes the addition of 100 experienced investigators to the State Police Community Narcotics Enforcement Team (CNET), nearly doubling the number of troopers currently serving in the unit in order to more aggressively combat heroin trafficking. Additionally, the State will launch an unprecedented effort to make supplies of naloxone, a leading overdose antidote, available to all first responder units in the State. The Governor also announced a targeted awareness campaign that will take place on all on all public college and university campuses.

Heroin is a highly addictive depressant, with users representing a variety of ages, races and other backgrounds. Fatal overdose, the contraction of HIV/AIDS and addiction and dependence are among a plethora of negative side effects that can result from heroin use. In addition to physical danger, heroin use threatens a user’s social life – often straining family bonds, friendships and professional relationships.

Across the nation, heroin abuse has been increasing at dangerously high rates in recent years. In 2013, there were 89,269 cases of heroin and prescription opiate treatment admissions in New York State alone, an increase from 63,793 in 2004. During this same time period, the drug also disproportionately impacted New Yorkers ranging in age from 18 to 24. Nationally, as many as 467,000 people were reportedly abusing heroin or suffering from heroin dependence in 2012.

Canada’s New Anti-Spam Law Goes into Effect July 1st

Canada’s new anti-spam law was passed in December 2010 and, following a Governor in Council order, it will enter into force on July 1, 2014. On January 15, 2015, sections of the Act related to the unsolicited installation of computer programs or software come into force.

When the new law is in force, it will generally prohibit the:

--sending of commercial electronic messages without the recipient’s consent (permission), including messages to email addresses and social networking accounts, and text messages sent to a cell phone;

--alteration of transmission data in an electronic message which results in the message being delivered to a different destination without express consent;

--installation of computer programs without the express consent of the owner of the computer system or its agent, such as an authorized employee;

--use of false or misleading representations online in the promotion of products or services;

--collection of personal information through accessing a computer system in violation of federal law (e.g. the Criminal Code of Canada); and

--collection of electronic addresses by the use of computer programs or the use of such addresses, without permission (address harvesting).

There are three government agencies responsible for enforcement of the law. When the new law is in force, it will allow:

--The Canadian Radio-television and Telecommunications Commission (CRTC) to issue administrative monetary penalties for violations of the new anti-spam law.

--The Competition Bureau to seek administrative monetary penalties or criminal sanctions under the Competition Act.

--The Office of the Privacy Commissioner to exercise new powers under an amended Personal Information Protection and Electronic Documents Act.

It will also allow all three agencies to share information with the government of a foreign state if the information is relevant to an investigation or proceeding in respect of a contravention of the laws of a foreign state that is substantially similar to the conduct prohibited by this Canadian law.

The law will also allow individuals and organizations who are affected by an act or omission that is in contravention of the law to bring a private right of action in court against individuals and organizations whom they allege have violated the law. Once into force, the private right of action will allow an applicant to seek actual and statutory damages. Statutory damages may not be pursued if the person or organization against whom the contravention is alleged has entered into an undertaking or has been served with a Notice of Violation.