Saturday, June 6. 2009

CAUCE invited to address the Canadian Parliamentary Standing Committee on Industry, speaking to Bill C-27

Posted by Neil Schwartzman in Canada
Thursday, June 11, 2009 15:30-17:30 EDT.

The meeting will be webcast. Link to be provided in due course.

Dennis Dayman & Matt Vernhout will attend on behalf of CAUCE.

http://www2.parl.gc.ca/CommitteeBusiness/CommitteeHome.aspx?Cmte=INDU&Language=E&Mode=1&Parl=40&Ses=2
http://www2.parl.gc.ca/CommitteeBusiness/CommitteeMeetings.aspx?Cmte=INDU&Language=E&Mode=1&Parl=40&Ses=2

For the record, we have had input on a few nits, but we wholeheartedly support the bill, as do the Canadian Association of Internet Providers, and the Canadian Marketing Association.

There is currently a campaign by one very powerful company, lobbying actively against the bill, so our presentation clearly needs to have some positive impact.

It will be posted to the http://cauce.org website Thursday, June 11, at 15:30.
Tuesday, June 2. 2009

The recipient view of marketing email

Posted by Neil Schwartzman in World
CAUCE Treasurer-Secretary Dennis Dayman posted this gem over at deliverability.com, essentially, his wife, a civilian as it were, has some things to say about marketing email.
Tuesday, May 12. 2009

Canadian Spam Law UPDATE

Posted by Neil Schwartzman in Canada

As you may know, there are two laws currently being discussed in Canadian legislative assemblies:

  • Senate Bill S-220 - a private member's bill with private right of action & criminal remedies
  • Parliamentary Bill C-27 - tabled by the government, with private right of action, coordination between various enforcement agencies, civil remedies. My colleague and fellow CAUCE board member Matt Vernhout gave a nice break-down of this law, here

Both bills have been given two of three readings in their respective bodies, and referred to committee. This is the normal course of procedure prior to a 3rd and final reading and vote, after which they are sent on the the other legislative assembly for two reading, committee and votes.

It is too early to predict the outcome of either of the competing bills, or how/if they will accommodate one-another, but I am told the bills will survive the House rising for the summer break, provided the government does not fall, i.e. if there is an election.

In Canada that is not a given, we have elections at somewhat irregular intervals (the Government can call one, but there is a limit of four years or so between them) since we have a kind of Mexican Stand-off (that phrase does have a new sub-text these days, come to think of it), with a minority government situation wherein the Conservative government, with slim majority, cannot survive a failed vote of confidence, should the other three parties (the Liberals, the New Democratic Party, and the Bloque Quebecoise) decide to vote them down.

That said, the Liberal Party (the most likely successor to a Conservative government) just recently had a leadership convention, and will need time to get their platform and strategy together (and need to settle down a little nannygate imbroglio), so, failing higher priority legislation, it looks to my eyes as if C-27 will be the winning horse in this race, and little insider birds up on Parliament Hill indicate the end of the year for passing the bill, and early next year for implementation.

Huzzah!

Friday, April 24. 2009

Bill C-27 The Canadian Electronic Commerce Protection Act - La loi sur la protection du commerce électronique (LPCE)

Posted by Neil Schwartzman in Canada

PDF of Bill C-27 (2.8 Mb)  The Canadian Electronic Commerce Protection Act

Online version

Friday, April 24. 2009

Canadian Government to Intro Spam Legislation at Noon, April 24, 2009

Posted by Neil Schwartzman in Canada

Tories to crack down on spam - Canwest News Service

OTTAWA — The Conservative government will introduce anti-spam legislation on Friday to crack down on the most malicious forms of unsolicited e-mail and cellphone spam, Canwest News Service has learned.


The electronic commerce protection act, a draft of which has been obtained by Canwest News Service, will prohibit the sending of commercial electronic messages without the consent of the recipient.

It will also ban the "unwanted installation of computer programs in the course of commercial activity," as well as false and misleading commercial representations online.

The Canadian Radio-television and Telecommunications Commission will be given expanded powers to root out spammers, including the ability to impose fines of $1 million against individuals and $10 million against businesses who spam Canadians.

Conservative sources said the law won't eliminate all unsolicited e-mail that Canadians receive in their inboxes.

But officials hope the legislation will curb the most dangerous and costly forms of spam, such as messages that implant so-called spyware on computers, or contain links to bogus commercial sites, a scam known as "phishing."

Both spyware and phishing can lead to identity theft.

The law will apply not only to e-mails received on people's home computers, but also unsolicited text messages that drive up bills for cellphone users.

Under the legislation, consumers and businesses will also have the right to sue any individual or business who violates the law. Canadian carriers that have their servers hijacked by spammers will be granted a limited waiver of liability so they cannot be countersued.

Officials said the law will bring Canada up to date with other developed countries, most of which already have separate anti-spam legislation. The new bill is closely modelled on an anti-spam law passed in Australia in 2004. The law helped Australia drop out of the world's top 10 spam-originating countries.

In addition to the CRTC, the law will be enforced by the Competition Bureau, which will tackle misleading online representations, as well as the Office of the Privacy Commissioner, which will prevent the collection of personal information via computer, as well as the unauthorized compiling of lists of e-mail addresses.

The government will also create a so-called spam reporting centre that would receive reports of spam and related threats, allowing officials to collect evidence and gather intelligence.

Canadian officials will be able to share such evidence with other countries to pursue spammers outside of Canada.

The legislation fulfils a campaign promise made by the Conservatives during last fall's election.

The law incorporates recommendations made in 2005 by a task force of academic experts and industry and consumer representatives.