Canadian Anti-Spam Law (CASL) targeting commercial email

The new Canadian Anti-Spam Law (CASL) comes into effect on July 1, 2014.

Heres is a link to the law

And another to its FAQ

From an article on the new law

Its thought this new law is the reason Microsoft has suspended its patch Tuesday emails

The fines are :

Your business will be fined up to $10,000,000
Your CEO, and each officer, may be fined up to $1,000,000
Your Marketing Agency may be fined up to $10,000,000
You, as an individual, may be fined $10,000

If your sending commercial email to Canada you have better make sure your in compliance with the new law.

It’s a good start, but it will probably not curb the gazillion stupid bootleg viagra, Nigerian gimme and other snake oil peddlers who operate out of reach of Canadian law. Because of the first amendment, it is also doubtful the same legislation comes to life in the U.S. Maybe the E.U. could enact an equivalent, as already several states including France have laws against SMS spam.

I will be interested to know what the courts will decide for cases when a zombie PC spambot will have been used without its owner consent. Could being infected by malware be considered negligence in that instance ?

Thank you for sharing that information.

If you’re sending commercial email to Canada, you may also want to assure you’re using correct grammar.

?

Wow. Another millionaire industry. Collecting fake emails and suing companies.

And a fine of 10,000 CAD for every misssppelled word. Hope forum posts are exemppt.

[quote=105495:@Michel Bujardet]It’s a good start, but it will probably not curb the gazillion stupid bootleg viagra, Nigerian gimme and other snake oil peddlers who operate out of reach of Canadian law. Because of the first amendment, it is also doubtful the same legislation comes to life in the U.S. Maybe the E.U. could enact an equivalent, as already several states including France have laws against SMS spam.

I will be interested to know what the courts will decide for cases when a zombie PC spambot will have been used without its owner consent. Could being infected by malware be considered negligence in that instance ?[/quote]
The second time you’ve proven you don’t really know what the first amendment is for. The first amendment protects you from the government when you say things about them, it does not exempt you from all consequences of your actions and speech. Good luck shouting “bomb” in an airport. (I mean not that you have to know or understand it, but don’t talk about it like it’s an excuse if you don’t know what it is)

Secondly, we’ve had the CAN SPAM Act for some time now. It works slightly differently though, and has been argued to be ineffective…

As for zombie PCs, I wouldn’t hold the user negligent because they suffered an attack. I would add another charge to the originating source.

MailChimp is a great tool for list management, and they’ve got lots of resources available to help you understand your bulk mailings. This blog post is all about the new legislation, and might shed some light on questions.

Then start watching for a third time. I am sure you will be able again to quote my stupidity.

You do not need to humiliate somebody when he does not quite understand something. Any discussion is an occasion to enlighten other, rather than chastise them. Now if all you want is for me to shut up, just say it. I am sorry to have dared talking about the U.S. I will now return to my retarded overseas reservation :^/

Sigh. Seems xenophobia is on the rise in these forums …

Muting this unpleasant conversation.

Assure or ensure???

I’d imagine the social networking platforms are going to be a little annoyed with petty legislators interfering with their terms of service. Also, this will give more of a hammer to people outside of Canada being harassed, bothered, annoyed, or merely contacted by Canadians than the other way around. #UnintendedConsequences #WaitForIt

Be carefully what you ask for, as you may get it!

I do like a nice proportional fine to fit the crime. 10million bucks…there goes half my annual profit. The shareholders wont like that.

I would like to see them actually claim the fines for companies outside of Canada. It is more difficult than you think.

Their FAQ doesn’t even suggest they will try or have jurisdiction to begin with. This thing really only affects Canadian on Canadian SPAM. And even then, the politicians get a pass. But it all makes me wonder… Do Canadians buy Viagra from Canadian pharmacies? Or do they have a better hookup they’re not telling us about?

Well, people is treating this as an international issue, so it’s beyond Canada’s borders. I was told that Microsoft suspended many newsletters to CA companies/individuals.

KPMG says “any commercial email FROM ANY CA citizen/company to ANYWHERE, or TO ANY CA citizen/company FROM ANYWHERE”

http://www.kpmg.com/ca/en/topics/canadas-new-anti-spam-legislation-are-you-ready/pages/default.aspx

If they calculate a good fine for some known capable to pay company… difficult will be a relative word.

From small companies or individuals true, but most bigger international companies would have a Canadian presence, for tax reasons if nothing else.

After reading that “law”, I see that the Canadian legislators have just a poor an understanding of how the internet works as their USA legislative counterparts.

Having been through a couple of CAN SPAM actions (as a witness, not a perpetrator), I see that the Canadian efforts will probably be as worthless as the USA efforts since the parties responsible for the junk mail are not real and are usually located in jurisdictions outside of USA or Canadian law. In fact, one such case was caused by an angry customer trying to get a company into trouble by spoofing junk mail from the company. Unfortunately, the perpetrator in this case was “John Doe”, so nothing will ever come from the action except that the company was found innocent (but still had to pay their legal fees…).

Yep. I’m prety sure that Dr. John Doe from Mumbasa will keep sending emails from China selling magical medications sent from India.

Canadian law will contribute to worse security on the Internet. Oh, Canada!!!

http://www.theregister.co.uk/2014/06/29/microsoft_shutters_dustclad_security_mailing_list/