Category: spyware

Evaluating the Industry Canada CASL regulations: family relationships and personal relationshipsEvaluating the Industry Canada CASL regulations: family relationships and personal relationships



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 Industry Canada CASL regulations: how to assess themEvaluating the Industry Canada CASL regulations: how to assess them



In a previous post,Evaluating the Industry Canada CASL regulations: why they are needed, I suggested thatclose scrutiny needs to be given toIndustry Canada’s new draft Electronic Commerce Protection Regulations. CASL’s “ban all” structure makes it imperative that regulations be adopted to ensure that the goal’s of Canada’s new anti-spam/anti-malware/spyware law (CASL) are met. Their adequacy and appropriateness should be measured against these and other generally recognized objectives. In this post I propose to lay out the framework for assessing the regulations.

CRTC guidance on interpreting its CASL regulations and guidelines at the IT-Can/TCLG meetingCRTC guidance on interpreting its CASL regulations and guidelines at the IT-Can/TCLG meeting



Lynne Perrault, and Ryan Caron of the CRTC gave a talk to members of IT-Can and the Toronto Computer Lawyers Group on the CRTC regulations and guidelines related to CASL. Kelly Anne Smith of the CRTC joined by phone. (I summarized these documents in a blog post, CRTC Issues CASL (Canada’s Anti-Spam Law) Guidelines, background and commentary.) The slides presented at the meeting are set out below.

The following are some highlights from the talk and the Q & A that followed.

Evaluating the Industry Canada CASL regulations: why they are neededEvaluating the Industry Canada CASL regulations: why they are needed



Industry Canada has now published its revised draft Electronic Commerce Protection Regulations. These regulations to Canada’s new anti-spam/anti-malware/spyware law (CASL) are open for comment for a period of 30 days from the date of their publication, January 5, 2013. The regulations are helpful and a major improvement over the last draft regulations. They address some key problems with CASL. However, they don’t address all of the problems and only partially address others.

I have written extensively about CASL’s shortcomings and the problems with the CRTC regulations and the previous Industry Canada regulations.

Industry Canada CASL regulations comingIndustry Canada CASL regulations coming



Andre Leduc of Industry Canada gave a talk yesterday to the Council of Chief Privacy Officers at a Webinar organized by the Conference Board of Canada on the status of Canada’s anti-spam law, CASL. Andre Leduc is a Senior Policy Advisor (Spam, Cryptography and Cybercrime) with Industry Canada and was one of the architects of CASL. He has also been integrally involved in developing the Industry Canada regulations.

Andre Leduc said that CASL is likely to come into force in late 2013 at the earliest and June or July 2014, at the latest.

CRTC clarifies questions about CASLCRTC clarifies questions about CASL



Earlier today, Andrea Rosen, Chief Compliance and Enforcement Officer at the CRTC and Lynne Perrault, Director – Electronic Commerce Enforcement Division, Compliance and Enforcement Sector of the CRTC, gave a talk to the ITAC Legal Affairs Forum in Toronto. The subject was the Commission’s plans for enforcement of CASL. Ryan Caron, manager of e-commerce enforcement from the CRTC participated by phone.

The following are some highlights from the talk.

  • The CRTC has hired staff and has the capability to engage in computer forensics and cyber investigations.

CRTC Issues CASL (Canada’s Anti-Spam Law) Guidelines, background and commentaryCRTC Issues CASL (Canada’s Anti-Spam Law) Guidelines, background and commentary



Last week the CRTC released its first two “information bulletins” intended to help businesses in interpreting CASL and the CRTC’s regulations under CASL. While certain of the Commission’s interpretations are helpful, some are troublesome as they would impose new requirements not contemplated either by the statute or the CRTC’s own regulations. They would necessitate costly compliance, which would particularly affect small and medium-sized businesses and mobile digital commerce.

Under the Commission’s interpretation of its regulations and the related provisions of CASL, among other things:

  • Users should be given the opportunity to unsubscribe from all messages from the sender, not merely CEMs.

New CASL regulations coming but will they fall short?New CASL regulations coming but will they fall short?



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.

CASL in force in 2013CASL in force in 2013



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.

Reflections on the new CRTC CASL regulationsReflections on the new CRTC CASL regulations



Earlier this month the CRTC published its final regulations under the new Canadian Anti-SPAM legislation (CASL). The regulations have now been published in the Canada Gazette. The Commission has now also provided an explanation of its reasons for why it made, or refused to make, changes to its previously issued draft regulations.

Industry Canada has followed a separate route. Rather than finalizing its regulations, it will publish a new set of regulations to obtain further feedback from the public. In view of the significant problems identified by approximately 60 associations, companies, and organizations as well as individuals that filed submissions with Industry Canada and the Commission this approach makes sense.