The Federal Court of Appeal’s ruling on Canada’s anti-spam law puts to rest persistent claims that the law is unconstitutional. As discussed at length in my earlier post, the court firmly rejected the constitutional arguments in finding that the law addresses a real problem and has proven beneficial. The impact of the decision extends beyond just affirming that CASL is (subject to a potential appeal to the Supreme Court of Canada) here to stay. It also provides important guidance on how to interpret the law with analysis of the business-to-business exception, implied consent, and what constitutes a valid unsubscribe mechanism.
Post Tagged with: "crtc"
Canada’s anti-spam law has been the target of intense criticism since its introduction in 2009 as the Electronic Commerce Protection Act. Even after the law passed in 2010, there was no shortage of effort to delay the regulations needed to put it into effect. Once it finally took effect in 2014, the criticism continued with a steady stream of fanciful suggestions that it would render promotions of neighbourhood lemonade stands illegal and warnings that the law would invariably be challenged in the courts and ruled unconstitutional. In 2017, just as critics were arguing for reforms to the law at the Industry Committee, the CRTC issued its ruling on the matter, determining that the law was in fact constitutional. The issue then proceeded to the Federal Court of Appeal, which last week unanimously upheld the constitutionality of law.
The LawBytes Podcast, Episode 51: Canada’s Urban-Rural Broadband Divide – Josh Tabish on CIRA’s Internet Performance Data
The state of Internet access in Canada has been the subject of considerable debate in recent years as consumers and businesses alike assess whether Canada has kept pace with the need for universal access to fast, affordable broadband. What is now beyond debate is that there are still hundreds of thousands of Canadians without access to broadband services from local providers and that for those that have access, actual speeds may be lower than advertised and below the targets set by the CRTC, Canada’s broadcast and telecommunications regulator.
CIRA, the Canadian Internet Registration Authority, manages the dot-ca domain and has played an increasingly important role on Internet policy matters. CIRA recently submitted a report on the urban-rural broadband divide as part of a CRTC process on potential barriers to broadband in underserved areas. Josh Tabish from CIRA joins me this week on the podcast to discuss the IPT, the CRTC submission, and the future of universal access to broadband in Canada.
Bains’ Other Wireless Affordability Problem: The Broadcast Panel Plan for WhatsApp, Skype and Other Internet Services to Pay Canadian Broadband Taxes
Navdeep Bains, the Minister of Innovation, Science and Industry today promoted the government’s plans for wireless affordability. The effort was largely an attempt to reiterate its wireless affordability platform, which targeted a 25 per cent reduction in consumer wireless bills by emphasizing more competition through MVNOs and spectrum set-asides. The renewed emphasis on the policy comes as an updated Wall Report finds that prices have been declining in some baskets (the long-overdue emergence of unlimited-ish plans a key factor), but not in the core middle tier of plans where prices remain high. The government states “Canadians have been paying more overall compared to consumers in other G7 countries and Australia” and noted that the government will track pricing on a quarterly basis starting from January 2020. Coming on the heels of threats from incumbent telecom companies such as Telus, it was good for the government to re-assert its policy objectives for the sector.
A CRTC Without the West: Why an MP Is Calling a Broadcast Panel Recommendation “Discriminatory” and Warning it Could Further Alienate Western Canada
The Broadcast and Telecommunications Legislative Review Panel report calls for a massive overhaul of Canadian communications law including significant changes to the CRTC that even include a name change to the Canadian Communications Commission. Yet more significant – and seemingly more controversial – is a change to the requirements for commissioners. The current CRTC Act provides for the creation of regional commissioners, who must reside in their region with the expectation that they are better positioned to raise regional concerns. The panel recommends dropping regional commissioners altogether, requiring instead that all commissioners reside in the Ottawa/Gatineau region: