The Standing Committee on Industry, Science and Technology has released its final report on CASL, Canada’s anti-spam legislation. While some groups pleaded for a legislative overhaul – Scott Smith of the Canadian Chamber of Commerce “urge[d] this committee to take a stand on this legislation and make recommendations for a significant overhaul” – the committee adopted a far more cautious tone, limiting the recommendations on substantive provisions to “clarifications” of the law. The emphasis on clarification (it even appears in the study title) is clearly intentional, stopping short of specifying any precise legislative amendments. I appeared before the committee, arguing that spam and spyware pose real risks and that there is evidence that the law has been effective in reducing spam and improving the effectiveness of electronic marketing.
Post Tagged with: "ecpa"
In Defence of Canada’s Anti-Spam Law, Part Two: Why the Legislation Is Really a Consumer Protection and Privacy Law in Disguise
My first post defending Canada’s anti-spam law focused on why spam remains a problem and how the new law may help combat fraudulent spam and target Canadian-based spamming organization. Most would agree that these are legitimate goals, but critics of the law will argue that it still goes too far since it covers all commercial electronic messages, not just fraudulent or harmful messages.
If the law were only designed to deal with harmful spam, they would be right. However, the law was always envisioned as something more than just an anti-spam bill. Indeed, when it was first introduced, it was called the Electronic Commerce Protection Act, reflecting the fact that it was expressly designed to address online consumer protection issues (the name CASL was an unofficial working name developed within Industry Canada). The law has at least three goals: provide Canada with tough anti-spam rules, require software companies to better inform consumers about their programs before installation, and update Canadian privacy standards by re-allocating who bears the cost for the use of personal information in the digital environment.
Anti-Spam Law In Limbo As Lobby Groups Seek New Exceptions
Appeared on October 30, 2011 in the Toronto Star as Anti-Spam Law in Limbo as Groups Seek Exceptions Last December, the government celebrated passing eight bills into law, including the long-delayed anti-spam bill. Years after a national task force recommended enacting anti-spam legislation, the Canadian bill finally established strict rules […]
Government Launches Anti-Spam Site
The federal government has launched a new anti-spam site at FightSpam.gc.ca. The site will grow once new anti-spam law regulations take effect.
Government Releases Anti-Spam Law Regulations
Following on the CRTC’s release of its draft anti-spam regulations, Industry Canada has posted its anti-spam regulations. The regulations cover the scope of personal and family relationship within the Act and the conditions for use of consent. There is a 60 day window for comment.
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