The ESAC objected, recommending:
section 5 be removed and replaced with a general requirement that material elements that perform the specified functions be brought to the attention of the user “clearly and prominently”. Both the separate consent requests and enhanced disclosure, along with the requirement to obtain a written acknowledgement, will create significant problems, generate unnecessary paperwork and result in further disruptions of the user experience.
Similarly, RIM stated:
We recommend that this section be removed or modified to read as follows:
5. A computer program’s material elements that perform one or more of the functions listed in subsection 10(5) of the Act must be brought to the attention of the person from whom consent is being sought in a clear and prominent manner.
The CRTC rejected the recommendations from ESAC and RIM, concluding:
With respect to parties’ submissions that the requirements contemplated by section 5 of the draft regulations are excessive, unclear, and not practicable, the Commission is of the view that the invasive nature of the computer programs in question warrant the requirement to identify the material elements of the computer programs separately from the request for consent and to seek written acknowledgement of the programs’ functions. Accordingly, the Commission is not persuaded that it would be appropriate to amend the requirement contemplated in section 5 of the proposed Regulations.
The regulations do not take effect until the entire anti-spam law is operational. Industry Canada has yet to release its revised regulations, which may spark another round of consultations and further delays.