Posts Tagged ‘spyware’

New CASL regulations coming but will they fall short?

May 22nd, 2012

Andy Kaplan-Myrth of Industry Canada spoke last week at a well-attended joint meeting of the Toronto Computer Lawyer’s Group and the CBA on Canada’s new anti-spam/spyware law (CASL). Specifically he talked about the upcoming revised Industry Canada regulations. Andy is a policy analyst with IC and is one of the people in charge of producing these regulations.

Here is a short summary of what was discussed from notes taken by James Gannon. One caveat, any questions that Andy answered related to interpretation of the statute were his personal opinion and not those of Industry Canada or the CRTC.

Timing:

CASL in force in 2013

April 27th, 2012

Industry Minister Paradis announced that Canada’s new anti-spam/anti-spyware bill known as CASL will become effectve sometime in 2013. In his prepared remarks to the Canada 3.0 Digital Media Forum, the Minister said: “And the anti-spam legislation, which we expect to take effect next year, will protect both Canadians and businesses against unwanted spam”.

Before CASL can become law, Industry Canada needs to finalize its regulations. New proposed regulations are expected to be published in the Canada Gazette within the next few months. There will then be a short period of time for comments before they become final.  The CRTC regulations have already been finalized.

CRTC finalizes CASL regulations

March 14th, 2012

On March 5, 2012 the CRTC finalized its set of regulations for Canada’s new anti-spam bill, CASL. These regulations were revised following extensive consultations held separately by the CRTC and Industry Canada on previously published regulations. These consultations resulted in extensive recommendations for changes by more than 57 organisations.

Industry Canada is still considering what changes to make to its draft regulations. Unlike the CRTC, it intends to publish a new set of draft regulations, possibly next month, for comment before finalizing them. The bill will not be proclaimed into force until the Industry Canada regulations are finalized and the public is given some time to implement the processes needed to comply.

Will it be illegal to recommend a dentist under Canada’s new anti-spam law (CASL)?

January 3rd, 2012

Over the holidays I got an email from one of my relatives visiting Toronto. She asked me to recommend a dental surgeon for an unexpected tooth extraction. She also asked me to refer her to other dentists to get additional recommendations. I sent her an email with a recommendation to get treatment from a dental surgeon who I encouraged her to see and also provided the name of a family dentist who could make other recommendations. My email included a link to a website of the clinic operated by the dental surgeon. My wife sent a similar email when I told her my relative was looking for a dentist. Later that day I started wondering whether responding to this type of inquiry would be legal or illegal under Canada’s anti-spam law (CASL), once it is proclaimed into force.

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.

Electronic Commerce Protection Regulations – Much Work Remains

September 20th, 2011

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.

Fixing CASL: comments on the draft CRTC and Industry Canada regulations

September 7th, 2011

Today is the last day for filing comments on the Electronic Commerce Protection Regulations proposed by Industry Canada and the CRTC. Submissions to the CRTC on the draft CRTC CASL regulations are available at the Commission’s website http://ow.ly/6o8Xq.

Here are our comments filed earlier today.

View more documents from bsookman

Rethinking CASL

May 25th, 2011

SPAM 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, 2011

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.

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

February 6th, 2011

Canada 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.