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CASL Observations

I was at a conference on CASL (anti-spam) last week chaired by Barry Sookman. His summary of conference highlights is worth reading. Below are some of my observations based on both that conference and my CASL dealings with clients so far.

Large companies are spending millions of dollars to comply with CASL. Small business is struggling to comply and to make sense of how to comply and why it is even needed. But you can bet that the true spammers will just continue to try to hide from the regulators.

Opt-in rates for attempts to get express consents so far . . . [more]

Posted in: Substantive Law: Legislation, Technology

Some CASL Clarification

CRTC and Industry Canada representatives provided some insight into their thoughts on CASL (the new anti-spam law that kicks in July 1) in an IT-Can forum on Monday.

To come under the complex CASL rules, the email must be a “commercial electronic message” or CEM. It does not take much to cross that threshold. An example of a law firm emailing details about a new court decision was discussed. If a pure case summary was part of or attached to an email (eg The Supreme Court of Canada today released a decision that decided…), and the email had a standard . . . [more]

Posted in: Substantive Law

CASL – Bah Humbug to Holiday Greetings

We all receive – and many of us send – electronic holiday greetings this time of year. They can range from a simple email to animated cards to elaborate videos.

Next December the new anti-spam law (aka CASL) will be in force. Depending on how we send holiday greetings, what is in them, and who we send them to, CASL will act like the Grinch to classify some of them as spam, and make the sender subject to a massive fine or other remedies.

Figuring out whether a Christmas card is spam, like any other electronic message, will not be . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Anti-Spam Act (Aka CASL) in Force July 1, 2014

The latest word is that Canada’s anti-spam legislation will be in force on July 1, 2014, with the software provisions coming into force in January 2015. The final regulations will be published in the Canada Gazette on December 18.

More information about the law can be found in previous articles here.

Proponents of the law feel that it is going to have a substantial effect on the fight against spam. But as I have said before, my personal view is that the legislation as drafted is ill-conceived and will be a compliance nightmare for businesses and charities.

Stay . . . [more]

Posted in: Substantive Law: Legislation

Michael Geist Speaks to TALL and CASLIS

A large crowd to attended the TALL luncheon today to hear Dr. Michael Geist speak on Digital Advocacy. Although his presentation was about an hour long, it seemed far too short. Beginning from his own work using social media to educate people and collect opinion on copyright reform, net neutrality and other information policy issues, Dr. Geist galloped through a multitude of examples of citizens engaging with government (and each other) on issues of public interest. 

Readers of Don Tapscott’s books (especially Wikinomics) will not be surprised at the diversity of the initiatives which featured in the TALL presentation. . . . [more]

Posted in: Legal Information

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about. La version française suit.

For this last week, the three most-consulted English-language decisions were:

  1. R. v. Stairs, 2022 SCC 11 (CanLII)

[67] Reasonable suspicion is a higher standard than the common law standard for search incident to arrest. As this Court noted in Caslake, the search incident to arrest power arises from the fact of the lawful arrest (para. 13). All that is required is “some reasonable . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Mobile App Developers on Notice

Three regulators[1] issued a joint warning letter to numerous mobile app developers late in November 26, 2020 cautioning the companies to comply with various compliance obligations under Canada’s Anti-Spam Law (CASL), the federal privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA), and the Completion Act.

The co-operative effort was part of a CASL compliance awareness-raising campaign and the warning letters were directed at businesses involved in making apps available to Canadian consumers. The letter is available online[2] and reminds the businesses that they have obligations under the CASL-related provisions under CASL, PIPEDA, and the . . . [more]

Posted in: Intellectual Property

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Armstrong v. Royal Victoria Hospital, 2019 ONCA 963 (CanLII)

[87] In any case where standard of care is at issue, the court must determine what is reasonably required to be done (or avoided) by the defendant in order to meet the standard of care: Berger v. Willowdale A.M.C. (1983), 1983 CanLII 1820 (ON CA), 41 O.R. (2d) 89 (C.A.), at p. . . . [more]

Posted in: Wednesday: What's Hot on CanLII

CRTC Issues $250,000 in Penalties for Malware Distribution

Canada’s anti-spam law (CASL) addresses much more than unwanted commercial messages. CASL also prohibits, among other things, installation of software onto a person’s computer without consent. The Canadian Radio-television and Telecommunications Commission (CRTC) exercises enforcement powers in respect of the software provisions of CASL.

The CRTC reported on July 11, 2018 that their Chief Compliance and Enforcement Officer has issued Notices of Violation to Datablocks and Sunlight Media for allegedly aiding in the installation of malicious computer programs through the distribution of online advertising. This is the first time the CRTC has taken action against the installation of malicious software . . . [more]

Posted in: Intellectual Property

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Michael Geist 2.McElroy Law Blog 3. Double Aspect 4.The Treasurer’s Blog 5. Barry Sookman

Michael Geist
Tackling IP Misuse: Canada Takes the Lead in Combating the Dark Side of Intellectual Property Protection

Navdeep Bains, Canada’s Innovation, Science and Economic Development Minister, unveiled the government’s long-awaited

. . . [more]
Posted in: Monday’s Mix

8 Legal/Tech Issues for 2018

Blockchain (the technology behind Bitcoin) is in a hype phase. It has been touted as the solution to many issues around trust. To some extent blockchain is still a solution in search of a problem. Blockchain will, however, become an important technology, and perhaps during 2018 we will begin to see some practical uses.

CASL, Canada’s anti-spam legislation, has been under review. It is a horrible law where the cost / benefit ratio is way off. Most small businesses simply don’t have the resources to comply. And no matter how hard they try, larger businesses have a difficult time complying . . . [more]

Posted in: Technology

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Eloise Gratton 2. IIFLS at Osgoode 3. Official Clio Blog 4. Legal Post Blog 5. Meurrens on Immigration

Eloise Gratton
CASL Enforcement Decision — Interpretive Guidance for Compliance and Penalties

On October 19, 2017, the Canadian Radio-television and Telecommunications Commission issued Compliance and Enforcement Decision CRTC 2017-368

. . . [more]
Posted in: Monday’s Mix