CASL regulations Archives

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Michael Geist on CASL: flaws not Festivus grievances

Last week Michael Geist published a blog post summarizing his remarks to Industry Minister Moore as to why the almost universal criticisms of Canada’s anti-spam/malware law CASL are unfounded. He suggested it is intense lobbying by “squeaky wheels” with “knee jerk” “greatly exaggerated” and “Festivus” grievances about CASL” that has delayed bringing the law into effect”. He acknowledges that CASL creates new compliance obligations but suggests they are not onerous and even standard internationally (when referring to “opt-in” for spam) and that there is not much more to CASL than “a simple proposition – obtain customer consent and you can do pretty much whatever you like.”…

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Evaluating the Industry Canada CASL regulations: family relationships and personal relationships

In a previous post, Evaluating the Industry Canada CASL regulations: why they are needed, I suggested that close scrutiny needs to be given to Industry Canada’s new draft Electronic Commerce Protection Regulations. CASL’s “ban all” structure makes it imperative that generous regulations be adopted to ensure that the goal’s of Canada’s new anti-spam/anti-malware law (CASL) are met. In another post, Evaluating the Industry Canada CASL regulations: how to assess them, I proposed a framework for assessing the regulations.…

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Evaluating the Industry Canada CASL regulations: how to assess them

In a previous post,Evaluating the Industry Canada CASL regulations: why they are needed, I suggested thatclose scrutiny needs to be given toIndustry Canada’s new draft Electronic Commerce Protection Regulations. CASL’s “ban all” structure makes it imperative that regulations be adopted to ensure that the goal’s of Canada’s new anti-spam/anti-malware/spyware law (CASL) are met. Their adequacy and appropriateness should be measured against these and other generally recognized objectives. In this post I propose to lay out the framework for assessing the regulations.…

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Evaluating the Industry Canada CASL regulations: why they are needed

Industry Canada has now published its revised draft Electronic Commerce Protection Regulations. These regulations to Canada’s new anti-spam/anti-malware/spyware law (CASL) are open for comment for a period of 30 days from the date of their publication, January 5, 2013. The regulations are helpful and a major improvement over the last draft regulations. They address some key problems with CASL. However, they don’t address all of the problems and only partially address others.

I have written extensively about CASL’s shortcomings and the problems with the CRTC regulations and the previous Industry Canada regulations.…

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Industry Canada CASL regulations coming

Andre Leduc of Industry Canada gave a talk yesterday to the Council of Chief Privacy Officers at a Webinar organized by the Conference Board of Canada on the status of Canada’s anti-spam law, CASL. Andre Leduc is a Senior Policy Advisor (Spam, Cryptography and Cybercrime) with Industry Canada and was one of the architects of CASL. He has also been integrally involved in developing the Industry Canada regulations.

Andre Leduc said that CASL is likely to come into force in late 2013 at the earliest and June or July 2014, at the latest.…

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CRTC Issues CASL (Canada’s Anti-Spam Law) Guidelines, background and commentary

Last week the CRTC released its first two “information bulletins” intended to help businesses in interpreting CASL and the CRTC’s regulations under CASL. While certain of the Commission’s interpretations are helpful, some are troublesome as they would impose new requirements not contemplated either by the statute or the CRTC’s own regulations. They would necessitate costly compliance, which would particularly affect small and medium-sized businesses and mobile digital commerce.

Under the Commission’s interpretation of its regulations and the related provisions of CASL, among other things:

Users should be given the opportunity to unsubscribe from all messages from the sender, not merely CEMs.

…

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Reflections on the new CRTC CASL regulations

Earlier this month the CRTC published its final regulations under the new Canadian Anti-SPAM legislation (CASL). The regulations have now been published in the Canada Gazette. The Commission has now also provided an explanation of its reasons for why it made, or refused to make, changes to its previously issued draft regulations.

Industry Canada has followed a separate route. Rather than finalizing its regulations, it will publish a new set of regulations to obtain further feedback from the public. In view of the significant problems identified by approximately 60 associations, companies, and organizations as well as individuals that filed submissions with Industry Canada and the Commission this approach makes sense.…

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