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Individual Charged With $75,000 Penalty Under Canada’s Anti Spam Law (CASL)

On March 29, 2021 the Canadian Radio-television and Telecommunications Commission (CRTC) issued a penalty of $75,000 under Canada’s Anti Spam Law (CASL) against an individual, Scott William Brewer, for what the CRTC described as a “series of high-volume spam campaigns”.

The CRTC alleged violations of S 6(1)(a), the requirement of consent, of CASL.[1]

The Notice of Violation alleged that Mr. Brewer committed three violations between 2015 and 21018 sending 671,342 commercial electronic messages without the consent of the recipients.

In its investigation the CRTC located no evidence that Mr. Brewer had obtained any consent from any of the recipients. . . . [more]

Posted in: Intellectual Property

Anti-Spam Enforcement Action Continues Under CASL

During the Covid-19 pandemic scams have not stopped and appear, by many accounts, to be on the rise. As a result, the Canadian Radio-television and Telecommunications Commission (CRTC) has continued its enforcement action under Canada’s Anti-Spam Law[1] (CASL).

Most recently the CRTC conducted an investigation of Notesolution Inc. doing business as OneClass (OneClass). OneClass is an online educational platform for crowdsourced university course content. OneClass seeks to build a global interactive library for educational content across all levels of education.

The CTRC alleged that OneClass violated several provisions of CASL[2], namely violation of:

(a) the electronic communications . . . [more]

Posted in: Intellectual Property

CRTC Enforces CASL in Case of Malware Distribution

While there has been controversy about the enforcement of the electronic communication provisions of Canada’s Anti-Spam Law (CASL) due to the ambiguities of the complex scheme, there is widespread support for the anti-malware provisions. The Canadian Radio-television and Telecommunications Commission (CRTC) recently enforced those anti-malware provisions against .Mr. Revesz and Mr. Griebel, the partners of Orcus Technologies, pursuant to section 22 of CASL, for a total penalty of $115,000.

The defendants have 30 days to file representations with the CRTC or pay the penalty.

The CRTC alleges that Orcus Technologies developed, distributed, promoted, and sold a Remote Administration Tool called . . . [more]

Posted in: Intellectual Property

Digital Intermediaries Can Be Responsible for Unknown CASL Violations– New CRTC Guidance on S. 9 Anti-Spam Compliance

Canada’s Anti-spam law (CASL) is ambiguous and very onerous to comply with. The Parliamentary INDU Committee, that studied the law, has made numerous recommendations in order to provide needed clarity to the law. In December 2017 their report stated “The Act and its regulations require clarifications to reduce the cost of compliance and better focus enforcement.” The Government has responded confirming they intended to act on the recommendations.

While we wait for that certainty the CRTC has issued a further Guidance document, Guidelines on the Commission’s approach to section 9 of Canada’s anti-spam legislation (CASL), Compliance and Enforcement Information . . . [more]

Posted in: Intellectual Property, Legal Marketing

CRTC Releases Onerous CASL Intermediary Bulletin

The CRTC just released a bulletin that goes to surprising lengths to impose liability on third parties for CASL violations. Lengths that may not be supported by the legislation.

It basically tries to turn intermediaries into enforcers. An approach this aggressive is surprising in light of the INDU committee report on CASL released in December 2017 that concluded in part: “The Act and its regulations require clarifications to reduce the cost of compliance and better focus enforcement.”

The bulletin is Compliance and Enforcement Information Bulletin CRTC 2018-415 Guidelines on the Commission’s approach to section 9 of Canada’s anti-spam legislation (CASL) . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation, Technology

514-BILLETS Pays $100,000 – CASL Still Being Enforced After Critical Reviews

Canada’s Anti-Spam legislation (CASL) is a complex, onerous and ambiguous legislative system. The ambiguities were identified in a constitutional challenge that the CRTC acknowledged but ruled did not go to the point of undermining the legislative regime. Parliament’s 5 year review obtained considerable consultation identifying numerous compliance issues arising from the uncertainties that the law creates. The Standing Committee on Industry, Science and Technology report did identify a number of items where clarification would reduce the uncertainty with respect to the interpretation of many of the law’s provisions, as well as to avoid overly burdensome costs of compliance The government . . . [more]

Posted in: Intellectual Property

CRTC Compufinder Decision Lowers CASL Spam Penalty

The CRTC recently released 2 CASL decisions on Compufinder. If this sounds familiar, it is because this is an appeal from an initial finding in 2015 that levied a $1.1 million penalty.

Compufinder took the position that CASL is unconstitutional. Many legal experts have questioned the ability of the Federal Government to pass this legislation. The CRTC decided that CASL is constitutional. But this is not the last word. Inevitably this will be argued in court. This decision is required reading for anyone who finds themselves in a position to challenge the act in the courts. Ironically, the delay . . . [more]

Posted in: Case Comment, Substantive Law

CASL Private Right of Action Suspended – but CASL Is Still Here

The Canadian government has suspended the CASL private right of action that was to have come into force on July 1. The private right of action (most likely in the form of class actions) would have allowed people to sue anyone for sending spam. Or more accurately for those who violated the technical provisions of CASL.

This is a welcome move. But while we can breathe a sigh of relief that this remedy is gone, CASL still remains in force and must be complied with.

The government’s press release said:

Canadians deserve an effective law that protects them from spam . . . [more]

Posted in: Substantive Law: Legislation

CASL Class Actions Are Looming

The private right of action for sending spam in violation of CASL comes into force on July 1. Many companies are dreading it – some class action lawyers can’t wait. The right thing for the government to do would be to completely scrap CASL – the statute is that bad and ill-conceived. But wishful thinking won’t make it go away.

At the moment, CASL violators are subject to enforcement proceedings by the CRTC. But after July 1, those who have been spammed in violation of CASL can sue the sender. Here are some things to keep in mind about the . . . [more]

Posted in: Substantive Law: Legislation

CRTC Assesses Conspicuous Publication Basis of Implied Consent in CASL Enforcement Decision

The CRTC released a compliance and enforcement decision, CRTC 2016-428, October 26, 2016 in which it found that Blackstone Learning Corp. (Blackstone) committed nine violations of paragraph 6(1)(a) of Canada’s Anti-Spam Legislation (CASL) by sending commercial electronic messages (CEMs) without consent, and imposed an administrative monetary penalty of $50,000 on Blackstone.

The decision is noteworthy as it give more details and analysis than the CRTC’s prior press releases of enforcement action. As a result, it give a glimpse into the process used by the CRTC in an enforcement action. Importantly, it also confirms the CRTC views on the requirements to . . . [more]

Posted in: Intellectual Property

CASL Still Confusing

CASL, the Canadian anti-spam legislation, came into force on July 1, 2014. July 1, 2017 will be an important date for CASL, as a private right of action will become available. Anyone (class actions are likely) will be able to sue CASL violators. Statutory damages means that it won’t be necessary to prove actual damages.

CASL is a complex, illogical statute. Many businesses don’t comply because they don’t think emails they send could possibly be considered spam. After all, spam is about illicit drugs, diets and deals scams, right? Not according to CASL.

Nor do they understand they must keep . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

CRTC Advisory on CASL Consent Record Keeping

The CRTC recently issued a media advisory entitled Enforcement Advisory – Notice for businesses and individuals on how to keep records of consent. It doesn’t add anything new – but reinforces what the CRTC is looking for. This is important because CASL requires a business to prove that they have consent to send a CEM (Commercial Electronic Message). CASL has a complex regime of express and implied consent possibilities.

The advisory states: “Commission staff has observed that some businesses and individuals are unable to prove they have obtained consent before sending CEMs. The purpose of this Enforcement Advisory is . . . [more]

Posted in: Substantive Law, Technology