Posts Tagged ‘CASL’

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CRTC reports on CASL consultation

April 16th, 2013

The CRTC recently published a Report on the Informal Consultation of 25 February 2013 among Industry and Consumer Groups and CRTC Staff on Canada’s Anti-Spam Legislation. The consultation followed the Commission’s release of guidelines on CASL.

The objective of the informal consultation “was to facilitate a focused conversation and gather useful information regarding issues that businesses and consumer groups foresee when CASL comes into force.” The discussions focused on six topics:

  • Proof of consent
  • Section 66 of CASL and the three-year transitional period
  • Obtaining consent to send a commercial electronic message (CEM) – seeking consent for affiliates
This is a preview of CRTC reports on CASL consultation. Read full post.

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Canada’s anti-spam law, 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.

This is a preview of Canada’s anti-spam law, too much of a good thing. Read full post.

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The submissions to Industry Canada on CASL

February 19th, 2013

The period for filing submissions to the Industry Canada consultation on the draft Electronic Commerce Protection Regulations has closed.

Industry Canada received numerous submissions from organizations representing all sectors of the Canadian public including charities, not-for profit and educational institutions, private individuals, small, medium and large businesses, retailers, publishers, financial institutions, technology and telecommunications companies, vehicle manufacturers and others. The organizations that filed submissions include the Ontario Nonprofit Network, Imagine Canada, the AUCC, AccessPrivacy, Canadian Bar Association, Magazines Canada, The Canadian Marketing Association, Interactive Advertising Bureau of Canada, a Coalition of Business and Technology Associations, The Canadian Chamber of Commerce, Retail Council of Canada, the Canadian Federation of Independent Business, Information Technology Association of Canada, and CWTA . Phil Palmer, a specialist practitioner at Industry Canada Legal Services who oversaw the development of Canada’s Anti-Spam Legislation and the development of its regulations also filed a submission. I also personally filed a submission.

This is a preview of The submissions to Industry Canada on CASL. Read full post.

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Has the CRTC compromised its judicial independence on CASL?

February 18th, 2013

Philip Palmer, a former specialist practitioner at Industry Canada Legal Services and the person who oversaw the development of CASL and its regulations, just published an important blog post, CRTC CASL Guidelines: Do they Compromise Adjudicative Independence? In the post, he questions whether the CRTC should be publishing enforcement guidelines in the name of the Commission in view of the important adjudicative role that the Commission also has in enforcing CASL.

In part, he says the following:

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Evaluating the Industry Canada CASL regulations: my submission to the consultation

February 5th, 2013

Yesterday, along with many organizations, I filed a personal submission to the Industry Canada consultation on the draft Electronic Commerce Protection Regulations. My cover letter addressed to Bruce Wallace of Industry Canada is set out below and is followed by a copy of the complete submission.

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I appreciate the opportunity to provide comments on the above-noted consultations.

I make these comments in my personal capacity and not on behalf of my firm or any of its clients. I write as one of the leading technology lawyers in Canada and the author of a six volume book on Computer, Internet and e-Commerce Law, the most authoritative book on these subjects in Canada. I am also an adjunct Professor of intellectual property law at Osgoode Hall Law School.

This is a preview of Evaluating the Industry Canada CASL regulations: my submission to the consultation. Read full post.

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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.

This is a preview of Will CASL Hurt Charities? Let Us Count The Ways. Read full post.

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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.

This is a preview of Evaluating the Industry Canada CASL regulations: countering cyber-security threats. Read full post.

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Evaluating the Industry Canada CASL regulations: defining commercial electronic message

January 30th, 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.

This is a preview of Evaluating the Industry Canada CASL regulations: defining commercial electronic message. Read full post.

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Evaluating the Industry Canada CASL regulations: jurisdictional overreach

January 25th, 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.

This is a preview of Evaluating the Industry Canada CASL regulations: jurisdictional overreach. Read full post.

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Evaluating the IC CASL regulations: the B2B exception (Part II-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.

This is a preview of Evaluating the IC CASL regulations: the B2B exception (Part II-Non-business entities). Read full post.

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