Tag: spam

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



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.

Evaluating the Industry Canada CASL regulations: jurisdictional overreachEvaluating the Industry Canada CASL regulations: jurisdictional overreach



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: 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.

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.

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.

CRTC finalizes CASL regulationsCRTC finalizes CASL regulations



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.

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



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.