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Anti-spam, Do-not-Call

Targeting the “middle-man”: Intermediaries face $250,000 in penalties for aiding “malvertising” under CASL

CASL compliance has turned to a new group of actors: the service and infrastructure providers that spammers and fraudsters utilize to perpetrate CASL offences.

 

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CASL enforcement: Recent trend

It can be relatively difficult to read the tea leaves in the CRTC’s approach to CASL enforcement, because there is little public record of those enforcement activities. This was noted by the Standing Committee on Industry, Science and Technology, in its statutory review of the Act. However, what signs do exist suggest that enforcement activities are accelerating. In 2016 and 2017, the CRTC announced only one undertaking in a CASL proceeding. By contrast, in the first quarter of 2018, there have already been two.

 

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CASL enforcement: Recent trend

It can be relatively difficult to read the tea leaves in the CRTC’s approach to CASL enforcement, because there is little public record of those enforcement activities. This was noted by the Standing Committee on Industry, Science and Technology, in its statutory review of the Act. However, what signs do exist suggest that the enforcement activities of the CRTC are accelerating.

 

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$100,000 paid for alleged violations involving text messages under CASL

The case discussed is the latest in a series of enforcement related activity under CASL – see e.g. New CASL Ruling: CRTC Provides Guidance on B2B Messaging and the Due Diligence Defence – and serves as an important reminder that CASL applies to all commercial electronic messages, which clearly includes email, but also text messages.

 

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514-BILLETS gets billed by the CRTC for CASL violations

This case reminds organizations that CASL applies to any form of CEM, even text messages, used to promote products and services, and that the CRTC is actively monitoring and responding to complaints involving different types of CEMs.

 

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Guidance on recording of customer telephone calls updated

The Office of the Privacy Commissioner of Canada recently updated its information and guidance on recording of customer telephone calls to bring it up to date, make it web-friendly and responsive for user feedback.

 

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Technology law highlights: 2017 Year in Review

Here, in no particular order, are some of the year’s highlights as chronicled by McCarthy Tétrault’s bloggers:

 

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Standing committee released its report on Canada’s Anti-Spam Law

According to Micheal Geist, Professor of Law Canada Research Chair in Internet and E-commerce Law Faculty of Law, Common Law Section Centre for Law, Technology and Society, “the committee has asked the government for a detailed response to the report, which should be forthcoming in the spring. The government can be expected to fully support the enforcement recommendations, but retain flexibility on the recommendations for further clarification

 

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Canada’s anti-spam law is hurting MSPs

The Canadian Government wants to cut down on the number of spam people receive. This is a good thing, right? However, the way they’ve gone about doing this is hurting businesses.

 

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Canadian government suspends CASL private right of action

The Canadian federal government has announced that it has suspended the coming into force of the private right of action under Canada’s anti-spam legislation (CASL), originally scheduled to come into force on July 1, 2017.

 

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CASL’s soon-to-be-enacted private right of action brings risk of class proceedings

On July 1, 2017, the private right of action under Canada’s Anti-Spam Legislation (CASL) will come into force.

 

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CASL’s private right of action for Competition Act reviewable conduct

While much has been written about the impending CASL private rights of action, less has been said about the new private right of action CASL will tack on to the Competition Act for misrepresentations in electronic messages.

 

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CASL and private right of action

Canada has the most onerous anti–spam/anti–malware law (CASL) in the world. In less than a year, July 1, 2017, it is going to become even worse. That’s when the private right of action comes into force.

 

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Top 10 most read Inside Internal Controls posts 2016 & Season’s Greetings

We are signing off with a list of the top 10 most read Inside Internal Controls posts 2016. Privacy issues and director’s liability seem to have been hot topics this year with several blog posts on the topics making it on the list. The top 10 most read Inside Internal Controls posts 2016 Director’s liability […]

 

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CASL made clearer: First CRTC decision released

Until now, the Canadian Radio-Television and Telecommunications Commission’s CASL enforcement actions have taken the form of settlements reached in confidential negotiations between the Enforcement Branch and the company. But this decision, released on October 26, 2016, is significant because it is the first CASL enforcement decision to provide guidance on compliance. The decision contains several important lessons about regulation of commercial electronic messages in Canada before class action enforcement opens on July 1, 2017.

 

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