Tag: CASL

CASL computer program guidance from the CRTCCASL computer program guidance from the CRTC



This week has been eventful on the CASL front with the CRTC providing guidance on how it is likely to interpret CASL’s computer program provisions. Monday evening the CRTC published a new guideline on the interpretation of CASL. This was followed by a presentation given to IT.Can members by Andy Kaplan Myrth of Industry Canada and Dana-Lynn Wood and Lynne Perrault of the CRTC. The presentation was a follow-up to an earlier IT.Can meeting where the CRTC asked for and received a list of questions for which guidance is being sought by the public.

CASL’s inscrutable computer program provisions to be tackled by CRTC CASL’s inscrutable computer program provisions to be tackled by CRTC 



With the computer program sections of Canada’s anti-spam/anti-malware law (CASL) coming into force in January 2015, the CRTC has now started reaching out to the public for questions they want guidance on in FAQs or bulletins. I attended such a session last week (on September 9, 2014) at an IT.CAN Public Affairs Forum Roundtable. The attendees were Dana-Lynn Wood (Senior Enforcement Officer, Electronic Commerce Enforcement, CRTC) Kelly-Anne Smith (Legal Counsel, Legal Sector CRTC), and Andre Leduc (Manager of the National Anti-spam Coordinating Body, Industry Canada).

Michael Geist’s defense of Canada’s indefensible anti-spam law CASLMichael Geist’s defense of Canada’s indefensible anti-spam law CASL



Michael Geist loves Canada’s anti-spam law (CASL). He was one of the first witnesses called by the Government to support it (then Bill C-27) when it came before the Standing Committee on Industry, Science and Technology. He told the Committee to resist attempts to change it. He later urged Minister Moore not to listen to the tsunami from across all sectors of Canadian society to fix CASL calling the criticisms Festivus grievances, Now that CASL is law and the public is ridiculing it calling it, among other things, a Monty-Python-esque farce and Spamaflop, deeply stupid,  and a sledgehammer that is ludicrous regulatory overkill, he once again tries to defend it.

Canada’s anti-spam law perspectivesCanada’s anti-spam law perspectives



The first week under Canada’s anti-spam legislation (CASL) is nearly over. The media and blogosphere gave CASL a lot of coverage. Much of it was negative. Here is a summary of some of the highlights.

I was interviewed on The Current, Metro Morning, and CJAD Radio. The Current and Metro Morning radio shows also featured individuals who voiced concerns about CASL’s impacts on small businesses. Michael Geist was also interviewed on The Current. He defended CASL claiming it was not onerous for small businesses who were already collecting express consents under PIPEDA.

CASL enforcement against charities clarified by CRTCCASL enforcement against charities clarified by CRTC



CASL’s rules apply to any person that sends commercial electronic messages to members of the public including charities and other not for profit organizations. The indiscriminate targeting of everyone from real spam culprits to genuine commercial communications is one of the reasons that Terrance Corcoran from the Financial Post recently called Canada’s new anti-spam law “a Monty-Python-esque farce”.

CASL, in its present form, should never have targeted charities or not for profit organizations. According to some, CASL punishes charities for no good reason.

CASL SpamaflopCASL Spamaflop



Check out Terrence Corcoran’s opinion article on CASL in this morning’s Financial Post: Spamaflop! Why Ottawa’s spam ban law is absurd and should be overturned. Here are a few choice quotes:

“I could say that Canada’s new anti-spam law is both horrifying and stupid, but Mark Joseph Stern, writing in Slate Magazine, already said that the other day.  One could also call it absurd, interventionist, controlling, costly, offense and an all-too-typical Tory mega-solution to a mostly non-problem.”

“Another way of looking at the anti-spam law is to set it back half a century. 

CASL’s effect on small businessCASL’s effect on small business



Many businesses are in the midst of trying to become CASL compliant. They hate it. As I explained in a previous post, CASL will hit the SME sector very hard. According to a recent article about it in the Globe:

Marketers big and small facing this legislative change are criticizing it as costly to implement, penalizing to small businesses, and not targeted enough at the spammers who are the real problem in the world of e-mail advertising.

For most businesses and especially small businesses CASL is “heavy-handed” and they are feeling the crackdown.

CASL clarified by CRTC at information sessionsCASL clarified by CRTC at information sessions



The CRTC has published materials recently used in public Information Sessions on Canada’s Anti-Spam Legislation (CASL). The materials consist of a video and transcript of one of the information sessions as well as slides. The transcript did not include answers given to questions from the public at the information sessions.

Much of the information provided had already been published by the Commission. However, some of the information was new or had elements that were new. The following are some examples.

CRTC releases new CASL FAQsCRTC releases new CASL FAQs



Earlier today, the CRTC released a new set of FAQs related to CASL. The topics covered are set out below.  I will be providing comments on these FAQs in subsequent blog posts.

Coming Into Force

When does the legislation come into force?Will the coming-into-force dates and the compliance date be different?

Transition

Once the law comes into force, how does it affect consent?

Liability

What are the penalties for committing a violation under CASL?Can directors and officers be liable too?

Sending Messages

General

Does the legislation prohibit me from sending marketing messages?

CASL: insights into Canada’s anti-spam law at the Lexpert conferenceCASL: insights into Canada’s anti-spam law at the Lexpert conference



Last Wednesday I had the pleasure of chairing a conference on Canada’s anti-spam/spyware law (CASL). The Lexpert conference covered the anti-spam, computer program and Competition Act aspects of the new law. The speakers brought useful insights into interpreting CASL and its regulations as well as practical guidance on implementing compliance programs. The slides from some of the speakers are set out below.

The conference was attended by Philip Palmer, a former Justice Canada lawyer and one of the individuals who played a lead role in drafting CASL and the initial regulations.