To Drone or Not to Drone?

This post is partly speculative in nature, since unmanned aerial vehicles (UAVs, colloquially known as “drones”) have yet to really proliferate in the business world. But at the very least, the evident trend toward employing drones for commercial purposes is one we all should keep an eye on. Amazon CEO Jeff Bezos even announced in 2013 that his company would contemplate using drones for deliveries. Given the relative novelty of the technology from a commercial standpoint, entrepreneurs and managers have a great opportunity right now to position themselves ahead of the curve.

Commercial drones probably won’t fill the sky tomorrow. Rules around drone use are evolving, and have yet to catch up to the real potential of drones to become ubiquitous denizens of our airspace. Regulators must strike a reasonable balance between legitimate concerns over privacy and public safety, and the obvious advantages of UAVs for undertakings like police investigations, search and rescue, and various business activities.

Consider the following issues as you mull the drone question.

What use might you have for a drone right now?

Amazon’s vision of drone deliveries is still in its embryonic phase, but many commercial enterprises in North America are making use of drones already. Camera-mounted UAVs have proven useful for land surveying, recording flyovers of golf courses, taking photos from perspectives that might otherwise be inaccessible, and filming short snippets for television advertisements. Cable news outlets have assigned drones to cover perilous or hard-to-reach locations at a comparatively low cost, and without endangering camera crews.

UAV technology is rapidly improving, with features like extended battery life, greater cargo capacity, and solar panels. We can expect further technological change to enhance the versatility of drones in the years to come.

There are several conditions you must meet in order to fly a drone in Canada.

As in many other countries, recreational drone users are generally entitled to fly light UAVs (2 kilograms or less) in Canada without seeking certification from government regulators, provided they fulfill certain safety obligations—like yielding the right of way to manned aircraft, and keeping their distance from airports and restricted airspace. However, a more stringent set of rules applies to drone operators who intend to use mid-size UAVs for work or research purposes, and for users of drones heavier than 25 kilograms.

The key take-away here is, do your research before acquiring a UAV, let alone launching it. Make sure you have fulfilled all the conditions required for an exemption from Transport Canada’s certification process. Otherwise, you’ll need to apply for a Special Flight Operations Certificate (SFOC).

Steer clear of animals.

When human beings introduce new, synthetic elements into the natural environment, animals often react by associating the novel entity with a concept they already know and understand—sometimes with decidedly negative results. One reason why sharks occasionally attack surfers, is because the shape of a surfboard resembles the familiar, corpulent physique of a seal. An owl in Oregon achieved notoriety recently for swooping out of trees to steal joggers' hats.

          

Likewise, UAVs can face considerable perils once they enter into a complex ecosystem. For instance, eagles tend to be highly territorial during nesting season, and will vigorously defend their local airspace against any perceived threat. (A drone-mounted camera in Australia recently filmed a midair encounter between the UAV and a wedge-tailed eagle. Let’s just say the eagle won.)

Other creatures—including alligators, primates, bees, and dogs—have also reacted adversely to drones and attempted to bring them down. Thus, it’s probably wise to give animals a wide berth whenever possible.

Areas of Potential Liability for Website Owners

When was the last time you read the fine print on the terms and conditions of a website? Most of us don’t take the time to read them, finding the legalese too boring. We just click "I accept" so we can get to the good stuff.

However, as a business owner you don't have the luxury of skipping over that fine print. In fact, those terms and conditions might actually become your strongest defense against frivolous litigation.

This is why companies invest in experienced legal counsel to craft liability language. This will make sure your business is protected even from the casual visitor who might have "issues" with your website content. The goal is to reduce the possibility of a lawsuit.  

Here are some things to consider adding to your own terms and conditions to afford any potential liability claims.

Protect your data. If you intend to sell your email list to a third party (it can be a good source of revenue) then you need to be protected with a strong "personal information" provision that spells out your intentions. Even if you don't plan to use that information you still want to be protected in the likelihood that the data is compromised.

Errors and omissions. This is a clause that is include in most business contracts but should also be included on your website. Suppose you post content with facts or figures that prove to be inaccurate or become out of date? Hopefully, you can correct that when notified but until then you shouldn't be held as negligent for a simple oversight.

Unknown malware. There is no telling if or when your website could be attacked by an outside entity until it is too late. If a visitor picks up a "virus" by visiting your site should you be held responsible? Not if you have the right kind of language in your terms and conditions.

Transmission problems. If your server goes down and a customer's own business or service is interrupted, you shouldn't be held liable. Crashes will happen and you'll need to be protected especially when the loss of data could occur.

Copyright infringement. You should do your best not to engage in any copyright infringement but that doesn't mean it can't occur. Suppose you have a forum where a user posts something that is protected. Are you liable? What if someone considers material as defamatory? You can't predict everyone's reaction to all that you'll be posting but you can protect yourself from those reactions.

Confiscation of data. There may be instances where a user's personal information is subjected to foreign government control. In the U.S. there are many heated discussions about this very issue as it pertains to investigations sanctioned by the Patriot Act. You can let your users know they might be subjected to these types of date mining through no fault of your company.

Fortunately, businesses have worked out many of these issues in their own terms and conditions language. You can take advantage of that by obtaining boilerplates of these provisions. You'll still need a lawyer to review them before you post on your website but using boilerplate language can reduce the costs of writing up this liability protection. 

How to Build Trust in Online Marketing

Although the online community can truly have a global reach, businesses depend on more direct contact with their potential customers. To achieve that connection online companies strive to build trust but that often proves difficult without any direct face-to-face communication.

Can you really trust someone that you can't look in the eye? As it turns out you can and hundreds of e-commerce sites have achieved a strong bond of trust from their customers. How can you build up your company's credibility and make your customers feel safe when they shop?

Consider these important tips:

Post a Privacy Policy

You won't be able to conduct any business online without gathering personal information from your customers. That doesn't mean their information can't be kept secure. Making your customers aware of your security enhancements can give them an added peace of mind about doing business on your website. Additionally, you should assure your customers that their information won't be sold to a third party or used for other promotions without their permission. This keeps them in control of their personal data and builds up the trust.

Pick a Reliable Payment Processor

Chances are that by the time a customer reaches your online store they will have already been accustomed to shopping online. That's a good thing because you want smart shoppers. To help support this you should be dealing with a reliable payment processor such as PayPal, Moneris or others. Not only are these processors extremely user friendly but they also provide various consumer protections like tracking payments and chargebacks. This is something customers truly appreciate.

Put Testimonials to Work for You

If there is one thing the Internet has taught us is that everyone likes to share their opinions. You can put positive reviews to work for your company by making them available on your website. Invite customers who have had a positive experience to post a review in exchange for a future benefit or coupon. When a new customer reads these types of reviews they'll have a sense that your business is indeed reputable and trustworthy.

Be Visible on Social Media

Every business is based in a community. Being highly visible on Facebook, blogging and forums helps build credibility with your prospective customers. They appreciate that you’re trying to reach out to them and that they can communicate with your business representatives.  Develop a relationship with your customers and create a community that revolves around your company’s brand, products or values.

 Be Real

You have a lot of faith in your product or services as you should. However, that doesn't mean those things you're offering "will forever change a person's life" or "revolutionize their very existence." Customers are leery of the hard sell. On the other hand,finding a way to use humor in your marketing campaigns can generate good feelings. When in doubt always go for the smile. 

Working with CAN-SPAM and the Canadian Privacy Act

The CAN-SPAM Act in the US was created over eight years ago in response to the increasing amount of email spam that people were receiving in their inboxes. However, in spite of the efforts of the government and lawmakers to make it easily understood for everyone, there still is confusion over what exactly does the CAN-SPAM Act does or doesn’t do. 

The US CAN-SPAM Act was created to stem the flow of unsolicited bulk email or spam as a form of commercial advertising, thereby trying to prevent the abuse of email addresses by shady online marketers.  Congress passed the law in 2003 after much debate, becoming effective on January 1, 2004.

In creating the law, Congress has set out basic guidelines for email marketers to follow:

1.       Email marketers should not mislead recipients as to the source or content an email

2.       People should be allowed to decline or unsubscribe from any email message from any source.

However, the CAN-SPAM Act does not restrict any business from sending an unsolicited email to another company for business purposes. However, it does mention that if a person wants to opt-out of receiving emails from a particular company, the business must comply.  Other guidelines are:

·         Any unsolicited messages must not have misleading subject headings.

·         All emails must have an unsubscribe or opt-out link that is valid for 30 days after the email is sent. If the receiver wants to opt-out, you have 10 days to comply with that demand.

·         All ads must be identified as commercial advertisements in the email.

·         Every advertising email that you send out, must have a physical mailing address clearly marked in the email.

·         You cannot sell or share email addresses of people who have unsubscribed from your list.

In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) governs email marketing practices in the country.  Enacted in 2004, the PIPEDA is different from the CAN-SPAM act in that it governs how personal information is distributed and managed online.  In brief, it states that:

·         Emails marketers must obtain permission from the recipient when collecting their personal information and must be kept secure once collected. 

·         Any data collected cannot be shared or sold to another party without express permission of the recipient.

·         A double-opt in signup method is required for Canadian residents. 

·         You are liable for any data collected and stored. If there is a data breach, you will be at risk for any damages occurred. 

·         Like the CAN-SPAM act, you must have an unsubscribe link in your email clearly indicated. 

For the typical B2B marketer, these regulations were not meant to be present a challenge. The purpose of both the CAN-SPAM and PIPEDA was to protect the consumer from any scams or phishing attacks that are commonly found in B2C campaigns.  As long as marketers observe the regulations set out by both countries, there should be no problem in sending out emails.

Are Canadian Courts Adapting with New Technologies?

The cornerstone of any free society is a thriving court system which takes the approach to justice very seriously. For a court system to truly serve its constituents it has to keep up with the technology and the Canadian legal system is no exception.

Fortunately, the modern technological advances that have been woven into the Canadian courts have proven to not only be cost effective but also to serve the greater good.

I see you!

There is a practical aspect of adapting technology to court use and that has to do with geography. Beyond our vibrant urban cities, Canada is a vast land of abundant resources and environments. The current population stands at 30 million + but we are scattered all across the Canadian landscape. As such, it’s not uncommon for a judge to be issuing rulings 1,500 miles from the main courthouse. This is where video conferencing has made a huge difference in terms of expediting court cases.

With video conferencing, a judge can review, cross examine and make a ruling on an applicant who might be several miles away. By adapting video conferencing there is also a great reduction in the need for prisoner escort costs. In some cases, a video conference is a benefit when a hardened criminal can remain incarcerated without the chance of getting contraband passed to them outside the confines of the jail. This is definitely a case where swift justice can prevail.

Shuffling papers…

Another positive use of technology is with case management, especially the large amounts of paperwork to manage. New software and systems have been created that allow documents to be created, edited and stored virtually on secure servers. It allows court clerks instant access to case files and removes redundant data entry.

As with the video conferencing, upgrading to a case-management system for certain court documents is a cost saver not only on paper but also physical storage space. The caution is to insure that these documents are secure. Safeguards need to be put into place to make sure only designated court personnel would have access to these types of records. By the same token, these files have to be properly updated to insure that an innocent party has their record expunged.

Efficiency is the key

During the actual trial, technology can play a role when it comes to evidence presentation. A power point presentation is easy to compile and understand. It’s also helpful when it comes to reviewing that evidence if it is kept on a single file as opposed to scattered over dozens of charts and placards. Many courts have upgraded old transcript recording to new digital recording methods. Once again technology proves to streamline a process while reducing costs.

Clearly, the Canadian courts are putting technology to work. The question then becomes how dominant will that technology become and will there be safeguards to protect privacy?  Ironically, the answer to that will be decided by the courts.