Tag Archives: CASL

Botnet Takedown: First Warrant Issued under Canada’s Anti-spam Law

By Monica Sharma and Kelsey Marshall, Articled Student

Canada’s anti-spam law (“CASL”) outlines violations, enforcement mechanisms, and penalties aimed at protecting online consumers against spam, electronic threats, and misuse of digital technology. CASL’s anti-spam rules came into effect on July 1, 2014. CASL’s software update and installation rules came into effect on January 15, 2015. The latter rules are often referred to as malware/spyware computer program rules. Under these rules, CASL applies when a person, in the course of a commercial activity, installs or causes to be installed a computer program on any other person’s computer system, unless the person has obtained the express consent of the owner or an authorized user of the computer system.

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iStock_000018311055XSmallThe Canadian anti-spam law (“CASL”) came into effect on July 1, 2014 and includes the ability to levy severe administrative monetary penalties of up to $10 million for one violation of CASL. In March, 2015, the Canadian Radio-television and Telecommunications Commission (“CRTC”) gave its first indication on issuing penalties and addressing violations of CASL by rendering two decisions dealing with CASL violations.

On March 6, 2014, the CRTC issued a notice of violation against Academie Compu.finder (“Compu.finder”) which included an administrative monetary penalty of $1.1 million dollars. Compu.finder had 30 days to pay the penalty, make written representations regarding the allegations or enter into a written undertaking with the CRTC regarding the penalty and compliance steps.

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Preparing for Canada’s Anti-Spam Law … Part Two: the Installation of Computer Programs

By Jennifer Lowson, Articled Student; edited by Neil Melliship

It has now been over four years since Canada’s Anti-Spam Law, commonly known as “CASL”, was first introduced as proposed legislation. Nevertheless, it has been in sharp focus this year as the provisions against sending unwanted commercial electronic messages came into force on July 1, 2014.

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