Electronic
Commerce
Protection
Act
Consultations
Underway
The
Electronic
Commerce
Protection
Act
(ECPA)
was
introduced
on April
24,
2009, as
Bill
C-27.
The main
goal of
the Bill
is to
cut down
on
dangerous
and junk
e-mail
and
spyware
thereby
increasing
consumer
confidence
in
online
commerce.
Bill
C- 27
has
passed
second
reading
in the
House of
Commons
and has
been
referred
to the
Standing
Committee
on
Industry,
Science
and
Technology
for
review.
The bill
would
prohibit
sending
a
commercial
e-mail
without
prior
consent,
such
consent
being
limited
to an
existing
business
relationship
defined
as
having
had a
transaction
in the
last
eighteen
months
or a
request
for
quotation
in the
last 6
months.
An
e-mail
requesting
consent
would
not be
permitted.
E-mails
must
contain
an
unsubscribe
function.
Unsubscribe
requests
must be
dealt
with in
10 days.
There
are also
prohibitions
against
"phishing"
(sending
an
e-mail
impersonating
a
legitimate
business
and
directing
the
recipient
to
respond
to a
counterfeit
website)
and
“spyware”
placing
a
computer
program
on
another
computer.
There is
some
concern
that
many
accepted
commercial
internet
practices
of
legitimate
businesses
would be
captured
by Bill
C-27
prohibitions.
Industry
comments
were
due by
August
15, 2009.
Several
industry
groups
are
presenting
to the
committee.