Post Tagged with: "spam"

Mobile spam by Christiaan Colen (CC BY-SA 2.0) https://flic.kr/p/yAjx4d

Government Response Suggests No Appetite for Canadian Anti-Spam Law Reform

The government released its response to the House of Commons study on Canada’s anti-spam law this week and while one report suggested that reforms are coming, the reality is that there appears to be little appetite for significant change. I wrote about the law’s effectiveness and appeared before the committee as part of the study.  The committee report stopped short of calling for an anti-spam law overhaul, instead recommending clarifications of several provisions in the law.

Read more ›

April 20, 2018 5 comments News
Spam Spam Spam Spam Spam Spam Spam Spam with Hand by Jeff Djevdet speedpropertybuyers.co.uk/ (CC BY 2.0) https://flic.kr/p/JxUtGa

Industry Committee Calls for CASL Clarification, Rejects Demands for Anti-Spam Law Overhaul

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.

Read more ›

December 15, 2017 2 comments News
Stop Spam, CC0 Creative Commons https://pixabay.com/en/stop-spam-spam-road-sign-mail-940526/

Better Marketing and Reduced Spam: New Data Demonstrates that Canada’s Anti-Spam Law is Working

Few Canadian laws have sparked as much animosity from the business community as Canada’s anti-spam legislation (CASL). The law, which took effect in 2014, has faced a barrage of complaints regarding its breadth and cost of implementation. Yet as a House of Commons committee nears the conclusion of a statutorily-mandated CASL review, it has become increasingly clear that the law has worked.

My Globe and Mail op-ed notes that while spam has obviously not disappeared from anyone’s inbox, the law never envisioned eradicating the proliferation of spam, spyware, malware, and other online ills. Rather, new data disclosed at the committee review reveal that Canada is a now a world anti-spam leader, resulting in more effective e-commerce campaigns and a significant reduction in the number of spam organizations operating within Canada.

Read more ›

October 31, 2017 2 comments Columns
Phishing warning by Christiaan Colen (CC BY-SA 2.0) https://flic.kr/p/x9zYUh

The Case for CASL: My Appearance Before the Standing Committee on Industry, Science and Technology

The Standing Committee on Industry, Science and Technology is conducting a review of CASL, Canada’s anti-spam law. While the usual critics are out in full force, I had the opportunity to appear before the committee yesterday to explain why there is real harm, why CASL has helped solve the problem, and why claims that the law is overbroad are overstated. Of particular note was the discussion involving the significant decline in the number of major spamming organizations operating in Canada since the law took effect. Three years ago, Spamhaus’ Register of Known Spamming Organizations listed Canada as home to 7 of the top 100 spamming organizations worldwide (who are responsible for 80% of global spam). Canada’s presence on the ROKSO list has been dramatically reduced with only two Canadian-based organizations remaining on the list, suggesting that spam originating in Canada has experienced a significant decline. My full opening remarks are posted below.

Read more ›

October 18, 2017 5 comments Committees, News
Spam by Lucas Di Patrizio (CC BY-NC 2.0) https://flic.kr/p/havNfa

Government Caves to Lobbying Pressure: Bains Blocks Consumer Redress for Spam and Spyware Losses

On May 17, 2005, the National Task Force on Spam, which included stakeholders from the across the spectrum including the Canadian Marketing Association, ITAC, Bell, CAIP, and consumer groups, presented its final report to then-Industry Minister David Emerson. The unanimous report included the following recommendation:

There should be an appropriate private right of action available to persons, both individuals and corporations. There should be meaningful statutory damages available to persons who bring civil action.

The inclusion of a private right of action was no small matter. I was a member of the Task Force and recall discussion of lawsuits launched in the United States by large ISPs and Internet companies such as Microsoft and Amazon that had proven effective. It took nine years for the task force recommendations to become law when all parties – Conservative, Liberal, NDP and Bloc – supported the resulting legislation. The private right of action provision was to have taken an additional three years as the Conservative government chose to delay its implementation until July 2017 to give businesses three years to ensure compliance with Canada’s anti-spam law.

Yesterday, Innovation, Science and Economic Development Minister Navdeep Bains indefinitely suspended the private right of action before it could take effect. In doing so, Bains blocked important consumer redress for harmful spam and spyware that would have supplemented enforcement efforts overwhelmed by spam complaints. Bains indicated that the statutorily-mandated review of the law, which is required after three years, will be used to assess the law and the private right of action (the Canadian Federation of Independent Business holds out hope that it will be struck down permanently).

Read more ›

June 8, 2017 3 comments News