Update: see below.
A long time ago we posted on the passage of Canada’s new Anti-Spam and Anti-Spyware law, unhelpfully called the “Fighting Internet and Wireless Spam Act” (we will be handing out “Fighting Internet” t-shirts and mugs in the new year). Broadly, the law prohibits the sending of commercial messages and the installation of computer programs without consent.
In March of this year, the CRTC, which has regulatory authority over the new law, registered regulations and then a related policy. More recently, in two bulletins (first here and second here) released in October the CRTC has published guidance on complying with the new law.
The date on which all of this comes into force has not yet been announced, but it’s expected soon. The second bulletin may attract controversy – it suggests that even where the user has to manually indicate consent, a default setting of consent is not permitted, and that third party or audio recording verification of oral consent is required – David Elder of Stikeman’s has an overview here.
As we noted some time ago, we save articles and commentary about this law under this tag. Please contact us if you have any questions.
Update: Barry Sookman has an update. In a nutshell, it while be a while yet, and more is coming.
Just before Christmas, Parliament passed Canada’s new anti-spam and anti-spyware law, commonly referred to as FISA, or the “Fighting Internet and Wireless Spam Act” (Industry Canada release here). The law will be bought into force later this year to give Canadians time to prepare. Broadly, the law prohibits the sending of commercial messages without recipient consent, and prohibits the installation of computer program’s without consent. It’s quite a complex piece of legislation and carries stiff penalties – you should consider its applicability to your practices and make the necessary adjustments before it comes into force.
Much has been written about the new law – some of my favourite pieces are by my friend David Canton here, here and here, by Simon Fodden here, and by some of the larger law firms – McCarthy’s here and Davies here, for example. I’ll be saving pieces on the legislation to this tag.
Please contact us if you have questions.