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Privacy

Canadian Chamber of Commerce Attacks Anti-Spam Law: Challenges the Law’s Opt-In Requirement

For the past two days I’ve called attention to the shocking demands by business groups, including the Canadian Chamber of Commerce, the Canadian Marketing Association, and the Entertainment Software Association of Canada, to legalize spyware by permitting the secret installation of computer programs to monitor activities of Canadians suspected a potential contravention of the law (including laws such as copyright or any foreign law) or unauthorized use of a computer system (including wireless networks).

The Canadian Chamber of Commerce added its own submission to the government’s consultation on the anti-spam regulations. The Chamber’s key concern is the very foundation of the law: opt-in consent that requires businesses to obtain consent before sending commercial electronic messages (subject to a wide range of exceptions). The Chamber says:

February 8, 2013 — 16 comments — News

Does Canada’s Anti-Spam Law Really Make It Illegal To Email a Step-Parent or Great Uncle? No.

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:

January 29, 2013 — 6 comments — News

Complying With Canada’s Anti-Spam Law: Just Ask For Consent

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 […]

January 24, 2013 — 13 comments — News

Ontario Court Rejects U.S. Government Demand for Full Access to Megaupload Servers Seized in Canada

Many readers will recall that nearly one year ago, the U.S. government launched a global takedown of Megaupload.com, with arrests of the leading executives in New Zealand and the execution of search warrants in nine countries. Canada was among the list of participating countries as the action included seizure of […]

January 16, 2013 — 21 comments — News

Government Caves to Lobbying Pressure on Anti-Spam Legislation

Canada’s anti-spam legislation was back in the news last week as the government unveiled revised regulations that may allow for the law to finally take effect next year. Canada is one of the only developed economies in the world without an anti-spam law and lengthy delays have created considerable uncertainty.

My weekly technology law column (Toronto Star version, homepage version) notes that calls for Canadian anti-spam legislation date back to 2005, when a national task force recommended enacting laws to target spam, spyware, and other online harms (I was a member of the task force). The government passed the anti-spam law in December 2010, with many expecting a quick introduction of the accompanying regulations that would allow the law to take effect. After business groups criticized draft regulations released in June 2011, however, the government hit the pause button, leaving the law in limbo.

January 15, 2013 — 3 comments — Columns