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Bill C-28

4 posts

Electronic Commerce Protection Regulations – Much Work Remains

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.…

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Naming Canada’s Anti-Spam/Anti-Spyware Law

Last 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.

Please read them and let me know which ones you like or would choose.…

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Impacts of Bill C-28 (the new anti-SPAM and anti-spyware legislation)

The 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.…

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Barry Sookman
This site is about technology, copyright, artificial intelligence, and privacy law.