Canada’s new anti-SPAM/anti-malware law, or CASL, was passed by Parliament in late 2010. The draft Electronic Commerce Protection Regulations, which were intended to clarify and flesh out the law, were published for public consultation earlier this summer. Fifty-seven organizations and individuals filed comments by the September 7, 2011 deadline. The message from these commentators is clear: while all support the goal of reducing unwanted commercial electronic messages (CEMs) and malware, the draft regulations miss the mark, and much work remains before CASL can be proclaimed into law.
Archive for the ‘Electronic Commerce Protection Act (ECPA)’ category
Electronic Commerce Protection Regulations – Much Work Remains
September 20th, 2011Government of Canada launches anti-spam information web site
August 2nd, 2011Industry Canada has launched a web site to inform Canadians about Canada’s new anti-spam legislation. The site has some useful information about the law which is simply referred to as “Canada’s new anti-spam law”, as the law has no short name. The information at the site includes “key facts”, an “FAQ”, information about the new Spam Reporting Centre, and how the law will be enforced and administered. A link to the law is also at the site.
Rethinking FISA
May 25th, 2011SPAM is awful. It wastes our time. It clogs the Internet. It is full of scams, malware and fraudulent, false and misleading messages. Who wouldn’t cheer when Canada finally decided late in 2010 to outlaw SPAM and related afflictions of malware, spyware, address harvesting and sending false and misleading commercial electronic messages?
Indeed, there was much satisfaction when Canada’s anti-SPAM law, also known as FISA[2], was given royal assent on December 15, 2011. After a lengthy and thorough review process, including consultations and Parliamentary reviews, Canadians could look forward to the toughest anti-SPAM law in the world just as soon as the regulations were finalized, which is expected this summer.
Naming Canada’s Anti-Spam/Anti-Spyware Law
February 14th, 2011Last week in a blog post I asked for suggestions to help name Canada’s new anti-SPAM and anti-spyware law, Bill –C-28. The Bill has no short title and needs one.
You clearly had fun trying to come up with a name. Some of you suggested a few names. Some suggestions were serious (more or less). Others were hysterical, many reflecting your thoughts about the Bill, or about SPAM. Here are your proposals to name the Bill.
Name Canada’s Anti-Spam/Anti-Spyware Law
February 6th, 2011Canada has a new anti-SPAM and anti-spyware law, Bill –C-28. It is a law with an inordinately long name: “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 Bill has no short title. As a result different terms and acronyms are being used to refer to it including the ECPA, FISA, FIWSA, the SPAM Bill, the Anti-SPAM Legislation, and the Anti-SPAM and Anti-Spyware Bill.
Impacts of Bill C-28 (the new anti-SPAM and anti-spyware legislation)
January 26th, 2011The new anti-SPAM and anti-spyware legislation (Bill C-28) will have significant implications for entities carrying on business in Canada and for entities doing business with Canadians. Its scope is very broad. Its approach to tacking the challenges posed by SPAM, malware, spyware, false and misleading representations associated with electronic messages, and harvesting of electronic address and personal information, is comprehensive.
The legislation creates significant vicarious and accessorial liability for companies and for their officers and directors with the potential for administrative penalties of up to $10 million and damages awards which can reach $1 million per day or per breach.
Canada Passes Anti-Spam and Anti-Spyware Law
January 6th, 2011Organizations 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.
Developments in Computer, Internet and E-Commerce Law (2009-2010)
May 26th, 2010Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2009-2010). It covers significant developements since my talk last spring.
The slides include a summary of the following cases and statutory references:
Tercon Contractors Ltd. v. British Columbia, 2010 SCC 4
Internet Broadcasting Corporation Ltd. v Mar LLC [2009] EWHC 844 (Ch)
Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Sysytems Pty Ltd [2010] NSWSC 267 (9 April 2010)
Kingsway Hall Hotel Ltd. v Red Sky IT (Hounslow) Ltd. [2010] EWHC 965
Government introduces bills to fight SPAM and spyware and to amend PIPEDA
May 25th, 2010Earlier today the Government introduced two important Bills – Bills C-28 and C-29.
Bill C-28, Fighting Internet and Wireless Spam Act, is the re-introduction of the Electronic Commerce Protection Act (ECPA). It is essentially the Bill as passed by the House of Commons just before the olympics with a few changes. Most of the changes are to harmonize the language to drafting conventions or to clarify the legislative intent.
The Bill is a major improvement over the initial version of the ECPA which was significantly improved during the Industry Committee review.
The Bill would do the following:
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