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Anti-Spam Legislation Introduced for Second Reading at House of Commons
Bill C-28, known as the Fighting Internet and Wireless Spam Act (FISA) has recently been introduced for a second reading at the House of Commons. A similar measure passed the House of Commons last year but failed to clear the legislature before final adjournment.
Under FISA, it would be unlawful to send unsolicited commercial electronic messages , unless consent is provided by the recipient. As well, anyone sending out an unsolicited commercial email must provide contact information for the sender and a means by which the recipient can unsubscribe, and to ensure that this information and the ability to unsubscribe remains valid for at least 60 days. However, the Bill does not ban all unsolicited electronic messages, as the provisions do not apply to non-commercial communications, nor to communications which fall within certain exceptions, such as if the purpose of a message is to provide updated factual information regarding delivery of a product, or to provide a quote or an estimate.
As well, under FISA, the Canadian Radio-television and Telecommunications Commission (CRTC) has the authority to fine spammers of up to $1 million for individuals, and $10 million for businesses. In addition to such fines, the Bill provides for a private right of action which allows citizens and businesses to recover damages in the courts from spammers who are in breach of FISA. In such cases, a court could impose penalties of $200 per violation up to $1 million a day.
For additional information, visit:
http://tinyurl.com/2wu23xk
For a copy of Bill C-28, visit:
http://www2.parl.gc.ca/HousePublications/Publication.aspx?Docid=4547728&file=4