Call
for
Submissions-
Anti-Spam
Bill
C-27,
The
Electronic
Commerce
Protection
Act
(ECPA)
The
intent
of
C-27
is
to
protect
consumers
and
businesses
from
the
most
dangerous
and
damaging
forms
of
spam
and
to
boost
confidence
in
online
commerce
by
protecting
the
privacy
and
personal
security
concerns
that
are
associated
with
spam,
counterfeit
websites
and
spyware.
Key
points
of
the
Bill
are
as
follows:
-
Modelled on a consent basis, the Bill requires senders of email to obtain the express or implied consent of receiver. Electronic messages that seek consent to obtain consent are also commercial messages ie, you cannot send a message to obtain consent without consent. Implied consent exists where there is an existing business relationship. The period of existing business relationship is 18 months for a prior purchase or 6 months for an inquiry (like the national Do Not Call List “DNCL”)
-
The Bill (section 7) prohibits redirecting the electronic message ie “anti-phishing”.
-
The Bill (section 8) prohibits the placing of a computer program on the recipient’s computer (ie to prevent spyware) and prohibits an electronic message to be sent from the recipient’s computer system without consent. (This creates concerns for internet commerce - a cookie is often placed on a recipient’s computer which causes the recipient's browser to send the cookies back later. Similarly a beacon is placed on a computer so that sites can count the number of unique “hits”. These result in electronic messages being sent from the recipient’s computer. Also programs automatically update themselves eg antivirus software and operating systems - such interactions that are part of normal internet commerce would be called into question.)
-
Email must contain a mechanism to allow recipients to unsubscribe. Organizations have 10 days to bring effect to such a request.
-
Fines are high with maximums as high as $10 million.
-
The CRTC has been given a wide range of investigatory powers, including the power to compel Internet Service Providers to preserve transmission data.
-
The Bill contemplates revoking DNCL legislation, opening the door for control of voice messages to be amended to the C-27 approach (ie opt-in) at some undefined time in the future. Section 86 states that Sections 41.1 to 41.7 of the Telecommunications Act are repealed. (These are the sections that create the DNCL.) Section 86, however, will remain dormant until specifically enacted.
Individuals
and
organisations
wishing
to
appear
on
this
bill
may
send
their
request
to
INDU@parl.gc.ca.
Individuals
and
organisations
wishing
to
present
a
written
brief
to
the
Committee
on
Bill
C-27
may
send
their
brief
(maximum
of 5
pages
in
length)
to
INDU@parl.gc.ca
by
August
15
2009.
