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July 31, 2011

New anti-spam law 'good news' for public | Montreal Gazette

New anti-spam law 'good news' for public | Montreal Gazette by Jason Magder

MONTREAL - Businesses that rely on email for communicating with their customers will have to make major adjustments when the new anti-spam law comes into effect, likely later this year.

The new law will require companies to receive consent before they send out marketing information, and any email sent for solicitation purposes must have a clear option to allow people to unsubscribe.

Companies that obtain email addresses during the course of a transaction will be considered to have implied consent to send information, but they will only be able to do so for a period of two years after the last purchase date. The law’s draft regulations have been published, and groups have until next Thursday to submit comments.

July 29, 2011

Canada Takes Firm Stand Against Spam

Canada Takes Firm Stand Against Spam | Wallet Pop Canada by Peter Adler


Canada's anti-spam law seeks to limit the number of junk emails Canadians receive each dayTired of getting e-mail from someone you've never met (and have had no intention to meet), telling you a friend suggested you ought to be invited to buy this or that?

Don't know how to fight it?
What you have received is infamous as "spam," also known as marketing by e-mail or social media. In Canada, it is about to get more complicated.

The federal government has been moving on to implement new anti-spam legislation. The bill became law last December.Unsolicited business solicitations, spam's official name, can now cost the perpetrators up to $10 million in fines, the new bill proposes. Parliamentarians, obviously, must have been getting those messages, too. Why not, after all: it's now a huge business. In fact, Canadian Marketing Association's guess is that business sank about $3 billion into Internet marketing in 2010 alone, and of that some $100 million went into e-mail marketing.

Canadian Anti-Spam Law Webinar Series | Gryphon

Canadian Anti-Spam Law Webinar Series | Gryphon

Whether your business is based in US or Canada, if your company markets to Canadian consumers, you must adapt your marketing practices to comply with C-28, a new anti-spam law related to email communications.

Canada’s sweeping new federal law to regulate electronic messaging including email, is commonly known as Canada’s Anti-Spam Law or CASL.  CASL adopts a consent-based “opt-in” framework to regulate electronic messages sent to or from Canada.  CASL applies to any form of electronic marketing messaging including email, text, SMS, MMS, social media and instant messaging.

Join Melissa J. Bateman, CIPP and legal expert in world-wide marketing privacy regulations, for this important three-part webinar series designed to prepare your company for the impending regulations and related business impact.

July 28, 2011

Canada's Anti-Spam Law | ANX

Canada's Anti-Spam Law | ANX by Jason

In December, 2010, Canada filling passed federal anti-spam legislation, after being the only G8 country not to have one. It was Bill C-28, formerly know as Fighting Internet and Wireless Spam Act (FISA). That name was dropped and now it has a variety of names, including Canada's Online Protection Legislation (COPL)

This law now gives Canada the strictest such law in the world and will have dramatic effects on businesses operating in Canada. Unlike the US, where CAN-SPAM covers only email, this law covers any electronic message, which is defined as "a message sent by any means of telecommunication, including a text, sound, voice or image message." So this would encompass all unsolicited email, text messages, tweets, instant messages sent to a business person. It does not apply to broadcast messages (presumably such as TV ads), phone calls between individuals, broadcast faxes or telephone recordings sent to a telephone accounts, however there is a framework that would allow this law to expand to telemarketing in the future.

Being an anti-spam act, you would think this applies to only bulk email, but you would be incorrect. Bulk email is not a requirement. If you send a single unsolicited email to someone, this law applies to you.

July 27, 2011

What Impact For The FISA Regulations? | DW2 E-TIPS®

What Impact For The FISA Regulations? | DW2 E-TIPS®

In the preceding issue of E-TIPS®, we outlined briefly the scheme of the two sets of draft Regulations (collectively, ECP Regulations) published for comment under the new Canadian anti-spam law, FISA (Fighting Internet Spam Act). (See “Canada’s Draft Anti-Spam Regulations Published for Comment”, Vol 10, No 1, July 13, 2011). (Also, in three issues of E-TIPS earlier in 2011, Part I, Part II and Part III, we commented more extensively on the underlying legislation itself).

Because the time limits set for comment on the draft ECP Regulations are relatively short (August 29 and September 6, 2011 – see below for details), it is worth reiterating two central points about the legislative underpinning to the ECP Regulations, which emphasize the importance of evaluating how the combined scheme of legislation and regulation may affect Canadian and foreign businesses. First, this is an “opt-in” system and not, as is the case in the US, an “opt-out” system – that is, under the new system in Canada, the recipient of a CEM (commercial electronic message) must take a positive act to be included in an e-list of recipients. Unless exempted or permitted by some other provision, therefore, a person who receives a CEM must have consented to receive it in advance – and a message sent which is a request to send further CEMs is itself a CEM which requires the consent of the recipient. Second, unlike the US CAN-SPAM Act, the scope of the Canadian legislation and regulation extends much beyond e-mail communications, and includes all commercial electronic messaging (including text messaging and cell-phone communications and whether in the form of sound, text, voice or images).

July 22, 2011

Canada's New Anti-Spam Legislation | Blakes

Canada's New Anti-Spam Legislation | Blakes

Canada’s anti-spam legislation, Bill C-28, which received Royal Assent on December 15, 2010, will have a significant impact on the electronic communication practices of companies operating in the Canadian marketplace. Designed as one of the most stringent anti-spam regimes in the world, the legislation regulates commercial conduct that discourages the use of electronic means to carry out commercial activities, creating a more secure online environment.  Bill C-28 also amends a number of existing statutes, namely the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.

To help our clients understand and implement the extensive requirements of this new law, we have created this dedicated micro-site containing a variety of resources to help businesses adjust their practices to achieve and maintain compliance. Over the coming weeks and months, we will be posting resources and essential updates leading up to the law coming into force. Please check back regularly for updates.

July 21, 2011

Bill C-28: Canada’s Anti-Spam Legislation Coming Soon to A Court near You | Brand Protect

Bill C-28: Canada’s Anti-Spam Legislation Coming Soon to A Court near You | Brand Protect by Jamila Hunte

Spam – it’s annoying, it fills up your inbox.  It can be offensive and even harmful to your computer, it just plain sucks.  I attended an Internet Hot Topic session earlier this year and the speaker gave spam the description as being similar to pornography using a US Supreme Court Justice’s quote regarding their take on spam: “I can’t define it, but I know it when I see it.”   We have all received emails from senders that we are not familiar with for “Viagra” or emails letting you know that you are the winner of a million dollar prize, but in order to claim it you must first send the company $10, 000 – sounds like a great deal doesn’t it?!  These are the usual suspects and for the most part, are unsolicited.  Nowadays, users are more aware of what spam is and email providers like Gmail, Hotmail and Yahoo have developed their own spam filters to assist their users in stopping spam from entering their inbox.  Despite users becoming more aware of the problems with spam, there is still a chance that a recipient may innocently open a spam email if they think that the email is from a person they know.  Responding to these emails, attempting to purchase items from an unqualified source or clicking on a link that may infect your computer with malware can all create BIG TIME headaches for you.  The Canadian Government proposed new legislation in May of 2010, Bill C-28 - Fighting Internet and Wireless Spam Act (FISA) and is the Government’s intent to “deter the most damaging and deceptive forms of spam from occurring in Canada.”  FISA can be seen as a deterrent so you are not only relying on your keen eye for spam or depending on your email provider’s filter mechanism.

July 19, 2011

Canada: Anti-Spam Regulations Finally Published – Not A Lot Of Enlightenment | Borden Ladner Gervais LLP

Canada: Anti-Spam Regulations Finally Published – Not A Lot Of Enlightenment | Borden Ladner Gervais LLP by Barbara McIsaac, Q.C. and Bradley J. Freedman

Both the CRTC and the Department of Industry have now published their respective proposed regulations intended to flesh out the requirements of Canada's Anti-Spam Legislation (CASL) [available here] which is scheduled to come into force January 1, 2012....

July 15, 2011

New anti-spam regulations could hurt business growth, industry says | The Wire Report

New anti-spam regulations could hurt business growth, industry says | The Wire Report By Danika J. Grenier

While industry experts say Canada’s new anti-spam consent regulations are necessary, some are worried the rules could also prevent startup companies from reaching out to clients and impede established firms from maintaining business relationships.

Canada’s anti-spam law, Bill C-28, was given royal assent on Dec. 15, 2010, but following the publication this month of regulations to implement the law, concerns are being raised about restrictions the legislation might impose on the growth of Canadian businesses.

July 13, 2011

Canada’s Draft Anti-Spam Regulations Published for Comment | DW2

Canada’s Draft Anti-Spam Regulations Published for Comment | DW2

Draft Regulations under Canada’s anti-spam legislation have now been published and are open for comments until the dates noted below.

The Regulations have been promulgated under the legislation which is formally cited as Statutes of Canada 2010, chapter 23, but which, to date, has been known colloquially as Bill C-28, the Fighting Internet Spam Act (FISA) and, among some commentators, Canada’s Anti-Spam Law (CASL). None of these latter designations is officially sanctioned terminology. The official title of the legislation (see the above hyperlink) is a 52-word statement of the intention of the legislation (including the names of four other federal statutes being amended) and is a title which is unlikely to be heard or used by members of the general public. (Previous mini-articles on the legislation itself are found in the E-TIPS® Archive here: Part I, Part II and Part III).

The descriptor given to the Regulations themselves is the Electronic Commerce Protection Regulations (ECP Regulations).

However, there are two distinct sets of ECP Regulations (each having the same nominal title), one set published June 30, 2011 by the Canadian Radio-television and Telecommunications Commission (CRTC) [referred to in this mini-article as CRTC ECP Regulations] and one set published July 9, 2011 by the Governor in Council (the Canadian Cabinet) [referred to in this mini-article as Industry Canada ECP Regulations]. Both sets of Regulations are accompanied by relevant information needed for responding to and commenting on the draft text, such as to whom and by what modes the comments are to be sent.

July 12, 2011

Anti-Spam Law Applies to…Software Installation? – Part 2 | Tech Startup Center

Anti-Spam Law Applies to…Software Installation? – Part 2 | Tech Startup Center
by Margot Patterson

Earlier this spring, we noted that Canada’s new Anti-Spam Legislation is aimed at more than just spam.  If you install computer programs as part of your business – on PCs or other devices – you need to know when and how to get your customers’ consent properly under the law.  And soon:  the Act comes into effect by the end of 2011.

The Act’s steep penalties have led some to nickname it “Canada’s $10 million anti-spam law”, and these penalties apply to malware, spyware and other targeted activities, as much as they do to spam.

Recently released draft regulations give an advance look at how tech companies and other businesses that install computer programs must get express consent for certain installations. 

For certain types of programs, for example those that collect personal information, or change or interfere with settings, the draft regulations would impose significant consent requirements:  consent in writing, with acknowledgement that the person understands and agrees that the program performs a particular function.

Anti-spam Regulation Proposed Under Bill C-28 Posted | Human Resources Legislative Update

Anti-spam Regulation Proposed Under Bill C-28 Posted | Human Resources Legislative Update by Hicks Morley

On July 9, 2011, the federal government published proposed Electronic Commerce Protection Regulations under Bill C-28, the so-called “anti-SPAM” legislation.

The proposed Regulations are administrative in nature and specifically provide definitions for terms used in Bill C-28, including “personal relationship” and “family relationship”. The Regulations also define the specific conditions under which consent would be considered validly obtained on behalf of a person whose identity was unknown as well as the permitted use of such consent, both of which are consistent with existing requirements for email marketers. Finally, the proposed Regulations specify the meaning of membership, club, association, and voluntary organization for the purposes of ss. 10(13)(c) of the legislation, which defines the term “existing business relationship”.

Stakeholders and interested persons may comment upon the proposed Regulations by September 9, 2011.

July 9, 2011

Canada’s New Anti-Spam Legislation: Bill C-28 | Miller Thomson

Canada’s New Anti-Spam Legislation: Bill C-28 | Miller Thomson by Eve C. Munro

Canada now has new anti-spam legislation.  The Government of Canada established a private sector task force to examine the issue of unsolicited commercial emails or spam in 2004.  It has been reported that by the end of 2004 spam had grown to encompass 80% of all global email traffic.  The report issued by the task force has led to the passing of Bill C-28.

Bill C-28 received royal assent in December 2010 but is not yet in force.  It is thought that this legislation will be brought into force in September of this year, with the intervening period intended to give time for regulations to be passed and for businesses to have time to adjust their procedures in order to comply with the new legislation.

In general terms, the purpose of the legislation is to address conduct which discourages the use of electronic technologies by undermining confidence in their use, increasing costs and compromising the privacy and security of confidential information.

Organizations do need to be concerned about this legislation because of the breath of the legislation and because of the very high level of potential liability.

Second Set of Proposed Regulations Under Canada’s Anti-Spam Legislation | Slaw

Second Set of Proposed Regulations Under Canada’s Anti-Spam Legislation | Slaw by Dan Pinnington

The July 9 issue of the Canada Gazette was published and it includes the second set of proposed regulations under Canada’s anti-spam legislation (CASL). These are the Governor in Council regulations from Industry Canada, not to be confused with the CRTC regulations that were pre-published last week for consultation.

Electronic Commerce Protection Regulations | Canada Gazette

Electronic Commerce Protection Regulations | Canada Gazette

Statutory authority

An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act

Sponsoring department
Department of Industry

REGULATORY IMPACT ANALYSIS STATEMENT

Executive summary

Issue: These Regulations address the need to provide clarity and legal certainty to some key terms used in An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (the “Anti-spam Legislation”) in order to effectively combat spam and related online threats in Canada.

Description: The Regulations are administrative in nature, providing definitions for terms used in the Act. The proposed Regulations specify the meaning of personal relationship and family relationship for the purposes of the Anti-spam Legislation. With respect to obtaining consent to receive messages from unknown third parties, the Regulations define the specific conditions under which consent would be considered valid and additional requirements for the unsubscribe mechanism. These requirements are, however, no more onerous than industry best practices for email marketers. Finally, the proposed Regulations specify the meaning of membership, club, association, and voluntary organization in order to provide further clarity to those terms within the legislation.

Cost-benefit statement: While the Act is expected to generate significant net benefits to Canadians by reducing the costs that spam imposes throughout the economy, the incremental effects of the proposed Regulations, above and beyond the Act, are expected to be minimal.

Business and consumer impacts: There will be negligible impacts on businesses and consumers related specifically to these Regulations. Consumers will generally benefit, while businesses involved in Internet marketing may incur some initial and ongoing costs to comply with the definition of consent for third-party email.

Domestic and international coordination and cooperation: No specific domestic or international coordination and cooperation efforts were undertaken, given the narrow scope and simple administrative nature of these Regulations.

July 8, 2011

Canada's Anti-spam regulations are online! | Boffin + Wonk

Canada's Anti-spam regulations are online!

by Andy Kaplan-Myrth, Boffin + Wonk

This afternoon (July 8), the July 9 issue of the Canada Gazette was published, and I'm very pleased to say it includes the second set of proposed regulations under Canada's anti-spam legislation (CASL). These are the Governor in Council regulations, not to be confused with the CRTC regulations that were pre-published last week for consultation.

You can read the pre-publication in the Gazette here. The CRTC regulations came out last week, and can be found here.

The consultation period for each set of proposed regulations is 60 days from publication. It's going to make for a busy Summer, but I look forward to reading what stakeholders have to say!

Industry Canada Regulations for CASL | EmailKarma.net by Matt Vernhout

Industry Canada Regulations for CASL
by Matt Vernhout EmailKarma.net

As part of the official process to launching Canada’s new Anti-spam legislation Industry Canada has released their definitions and regulations  for C-28 (aka. CASL, FISA, ECPA).

The Highlights are as follows:

Personal Relationship: Where an individual has met with the person to whom the message is sent in a non-business context, and where there is evidence of non-commercial communication between the individuals within the previous two years.

Family Relationship: for the purposes of the Anti-spam Legislation to be in keeping with definitions in the Income Tax Act. It also specifies that it is intended to refer to persons descending from a common grandparent, including aunts, uncles, cousins, nieces, and nephews.

Express consent under the Anti-spam Legislation means that commercial communication may not take place unless the person or corporation in question first consents to be contacted.

Implied consent means that commercial communication may take place with persons or corporations under circumstances where it can be deemed that they might be interested, but the recipients of the communication must be able to “opt out” of such communication.

The second element of the Regulations states that consent to receive messages from a third party is only valid if the individual providing consent will have the ability to unsubscribe to the message, and by the same means be able to alert the original requester that their consent is withdrawn.

Bill C-28 Canada's Anti-Spam Law - coming soon to a computer near you | C. Yvonne Chenier, Drache Aptowitzer LLP

Bill C-28 Canada's Anti-Spam Law - coming soon to a computer near you
By C. Yvonne Chenier, legal counsel with Drache Aptowitzer LLP

To advise a not-for-profit organization on Bill C-28, Canada's Anti-Spam Law (the "Act"),  one really has to be an expert or seek expert counsel in many areas of law, not to mention someone who can see into the future to know what the full extent of this new regime will be once the regulations have been published.  This law passed by the Government of Canada on December 10, 2010, will likely come into force sometime this year.

This legislation intends to stop unsolicited commercial electronic messages and unwanted spyware and malware from being transmitted and installed on our computers.  The Act is quite specific about what is being targeted.   Someone versed in the ways and words of technology might come in handy to can talk sensibly about cookies, code and scripts and to identify when something is dialling, routing, addressing or signalling.

The Act has extensive enforcement mechanisms and strong penalties.  You will have to be familiar with administrative law to understand the demands, notices, warrants, and injunctions that could be used against you.    The rules about violations require some knowledge of corporate law to trace who will actually be responsible in any organization and where the buck will stop.   It would help to have a conflict of law expert to call upon when needed as the Act overrides Part 1 of the Personal Information Protection and Electronic Documents Act when there is a conflict.  When legislation amends the Competition Act, Personal Information Protection and Electronic Documents Act and the Telecommunications Act you know this is serious stuff.

July 7, 2011

Canada: Legislative Let-Down? CRTC Issues Proposed Anti-Spam Regulations | Stikeman Elliott LLP

Canada: Legislative Let-Down? CRTC Issues Proposed Anti-Spam Regulations | Stikeman Elliott LLP by David Elder

Much-anticipated new anti-spam regulations will provide some clarity for senders of text messages, but may disappoint others, as the regulations leave unanswered many other questions of interpretation and application of the new statute.

The proposed Electronic Commerce Protection Regulations, released for public comment by the CRTC, do provide some further detail to the basic requirements under Canada's ponderously named new anti-spam legislation, (which for convenience is coming to be known unofficially as Canada's Anti-Spam Law (CASL)); however, the details are largely what one could infer from the statute.

Canada's Anti-Spam Law Coming Into Force | Mondaq Business Briefing

Canada's Anti-Spam Law Coming Into Force | Mondaq Business Briefing
Michael Fekete, Patricia J. Wilson and Nicole Kutlesa

By enacting what may be the most comprehensive anti-spam law in the world, Canada's Parliament has placed new and significant obligations on businesses that communicate and market electronically.

Known as Canada's Anti-Spam Law, or CASL1, the new rules go much further than restricting bulk, unsolicited e-mail messages, by creating an express consent regime that applies to almost all e-mails and other electronic messages sent for a commercial purpose. And unlike the U.S. CAN-SPAM Act, which applies only to e-mail, CASL's anti-spam provisions also apply to other forms of electronic communication, such as text messages, instant messaging and social media messaging.

CASL was passed in December 2010 and is awaiting proclamation. Draft regulations that provide rules important to ensuring compliance regarding the content of notices and consents were published for comment by the Canadian Radio-Television and Telecommunications Commission (CRTC) on June 30, 2011 (and in the Canada Gazette on July 2, 2011) and are subject to a comment period until August 29, 2011. Finalization of the regulations and the coming into force of CASL could happen as early as September 2011, although December 2011 or early winter 2012 is a more likely timeframe.

CASL Overview

CASL enacts rules to restrict spam (unsolicited commercial electronic messages), spyware (installation of computer programs on another person's computer), and certain practices, such as pharming2 and address harvesting. The anti-spam rules will require express, opt-in consent from recipients, subject to limited exceptions. The CASL consent regime is stricter than existing requirements under Canada's privacy law, Personal Information Protection and Electronic Documents Act (PIPEDA), which generally permits opt-out consent for marketing messages and allows for reliance on implied consent in broader circumstances than does CASL.

July 5, 2011

Canada: Canada’s Anti-Spam Act: The Time For Action Is Now! | Blakes Bulletin on Business

Canada: Canada’s Anti-Spam Act: The Time For Action Is Now! | Blakes Bulletin on Business by Marie-Hélène Constantin , Robert Kwinter , Richard Corley , Gary Jessop , Christine Ing , Sunny Handa , Elizabeth McNaughton , Monica Sharma , Tricia Kuhl , Laura Weinrib , David Kidd , Wendy Mee , Dean Murray and Francis Chang

If you are engaged in business in Canada and communicate with your customers and suppliers using some form of electronic messaging, Canada's Anti-Spam Legislation (CASL, or the Act) will soon place significant restraints on your ability to send electronic messages.

CASL is expected to be in force early in 2012. The Act will establish one of the most stringent anti-spam regimes in the world. It will apply to all "commercial electronic messages" (CEMs) that include not only email but also text messages, instant messages and messages sent through social networking sites....