Posts Tagged ‘canada’s anti-spam law’

CASL Industry Canada regulations: summary and comments

December 4th, 2013

The Government has published final regulations and the Regulatory Impact Analysis Statement (RIAS) related to Canada’s anti-spam legislation (CASL). It has also published a copy of the Order in Council fixing the date when the Act will come into force. They are available on the fightspam.ca website.

Most of the Act will take effect on July 1, 2014. The sections of the Act related to the unsolicited installation of computer programs or software will come into force on January 15, 2015. The private right of action comes into force on January 1, 2017.

CASL marches towards starting gate

November 13th, 2013

Earlier today I gave a speech at the 19th Annual Regulatory Compliance for Financial Institutions conference on the application of the OSFI B-10 Guidelines to outsourcing and cloud computing transactions. I came early to hear a presentation on CASL given by Kelly-Anne Smith, legal counsel at the CRTC.

In addition to providing an overview of some of CASL’s provisions and the CRTC regulations and guidelines, she provided some information about CASL that many have been wondering about including the following:

Canada’s anti-spam law and universities

September 30th, 2013

Contrary to a popular misconception, Canada’s anti-spam law (CASL) will apply to Canadian universities. Unlike universities and charities in other countries like Australia that have specific exemptions,  CASL will impose significant burdens on these organizations even though they are the least likely offenders and have very constrained resources, making compliance even more difficult for them.

Michael Geist on CASL: flaws not Festivus grievances

September 16th, 2013

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.”

Canada’s anti-spam law (CASL), too much of a good thing

March 1st, 2013

Here is a longer version of my article published in the Financial Post this morning titled Delete this anti-spam law.

Canadians don’t like spam. They also don’t like malware. But the more they learn about Canada’s new, but not yet in force, anti-spam law commonly referred to as CASL (for “Canada’s Anti-spam Legislation”), they don’t like it much either. The root of the problem is that the law starts with the assumption that all Canadians are spammers and purveyors of malware and works back from there by banning legitimate and illegitimate activities with vague rules and incomplete exceptions.

Will CASL Hurt Charities? Let Us Count The Ways

February 4th, 2013

Charities, including hospitals, universities, orchestras and other similar not-for-profit organizations will be hard hit by Canada’s new anti-spam legislation, known as CASL, when it comes into effect later in 2013. They will face a diminished ability to communicate with their supporters including donors, patients, volunteers, alumni and other beneficiaries thereby leading, inevitably, to reduced funding and support even as administrative burdens and costs go up.

Evaluating the Industry Canada CASL regulations: countering cyber-security threats

February 1st, 2013

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.

Evaluating the IC CASL regulations: the B2B exception and Non-business entities

January 22nd, 2013

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.

Canada’s new anti-spam Law: too much of a good thing?

October 17th, 2011

Here is a copy of the op-ed published by The Hill Times today on CASL.

Most people would agree that unwanted commercial emails – commonly called spam – are awful. Spam wastes our time. It clogs our inboxes and can be full of scams, malware and fraudulent, false and misleading messages. So who wouldn’t have cheered when Canada finally decided to outlaw spam and related afflictions?

With the September 7 conclusion of the public comment period on the new anti-spam law, known as CASL (for Canada’s anti-spam law), Canada has taken a major step toward finalizing legislation designed to outlaw practices such as sending commercial electronic messages without recipients’ consent or using misleading information in the online promotion of products. Reason to celebrate, one would think.