anti-spam Archives - Barry Sookman

CASL

Legislative and Judicial Approaches to Internet Regulation: CASL as a case study

Here are slides from a talk I gave earlier in the year to Justice Canada on the topic of approaches to Internet regulation. It used CASL of a case study of what not to do. The slides referred to the Alberta Court of Appeal decision in the United Food case. That decision has since been affirmed by the Supreme Court in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC (summarized here)

For more information about CASL, see, CASL: the unofficial FAQ, regulatory impact statement, and compliance guideline.…

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CRTC clarifies questions about CASL

Earlier today, Andrea Rosen, Chief Compliance and Enforcement Officer at the CRTC and Lynne Perrault, Director – Electronic Commerce Enforcement Division, Compliance and Enforcement Sector of the CRTC, gave a talk to the ITAC Legal Affairs Forum in Toronto. The subject was the Commission’s plans for enforcement of CASL. Ryan Caron, manager of e-commerce enforcement from the CRTC participated by phone.

The following are some highlights from the talk.

The CRTC has hired staff and has the capability to engage in computer forensics and cyber investigations.

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E-commerce

Canada Passes Anti-Spam and Anti-Spyware Law

Organizations that conduct business online should start preparing for Canada’s new anti-spam and anti-spyware legislation, which was passed in mid-December and is expected to come into force later this year.¹ As the Act is complex and the penalties for violating the new law can be severe, organizations should review and modify their online practices, where necessary, at an early opportunity.

Anti-Spam Provisions

The Act prohibits organizations from sending commercial electronic messages unless the recipient has given express or implied consent.…

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