Yesterday’s post on the fears associated with Canada’s anti-spam legislation focused on emails between extended family members. This post will examine personal relationships and the absurd claims that the current rules will stop everything from emailing a teacher to promoting a lemonade stand. Barry Sookman writes that the following would all likely be illegal under CASL:
Post Tagged with: "casl"
Over the past couple of weeks, there have been a myriad of posts and articles criticizing Canada’s anti-spam legislation. According to some posts – primarily those by Barry Sookman – the legislation will stop family members from sending commercial email to each other, parents from promoting their children’s lemonade stands, and discriminate against charities and schools. Is this true? In a word, no. While there is little point in unpacking each of the many outrageous claims, over the next few days I’ll offer up a few posts on some of the crazier ones.
Today’s post focuses on the suggestion that families will be stopped from sending commercial messages to other family members. Sookman writes:
While there is no shortage of fear mongering about Canada’s anti-spam legislation, Ottawa-based law firm LaBarge Weinstein recently demonstrated what most organizations need to do in order to comply with the law as Canada transitions to an opt-in consent requirement for commercial messaging. The key requirement for those companies that […]
Industry Canada unveiled long-awaited revised anti-spam regulations on Friday for the Canadian Anti-Spam Law. The regulations are in draft form and comments can be submitted to the government until February 3rd. Given the intense lobbying by business groups to water down the legislation passed in 2010 and the initial draft 2011 regulations, it comes as little surprise to find that the proposed regulations include several significant loopholes and exceptions that undermine the effectiveness of the law. The key new regulations include:
third party referrals: the regulations include a broad new exception for third party referrals that will allow businesses to send commercial electronic messages without consent based merely on a referral from a third party. This issue was hotly debated when the bill was being drafted and, at the time, the government rejected claims that such an exception was warranted. In the face of intense lobbying, however, the opt-in approach to electronic marketing is being dropped and replaced by a system that allows for unsolicited commercial electronic messages based on third party referrals.
The government continues to drag its feet on bringing forward anti-spam regulations – Canada’s anti-spam law received royal assent in 2010 but won’t take effect until 2013 at the earliest – but the CRTC seems determined to move things forward. Yesterday it released two information bulletins that provide guidelines on […]