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Private Right of Action under CASL coming July 2017

Canada’s Anti-Spam Law came into force on July 1, 2014. Since then, all eyes have been on the Canadian Radio-television and Telecommunications Commission (CRTC) for decisions concerning CASL violations. In the cases made...more

Lessons Learned: E-Learning Company Faces $50,000 Spam Fine

The Canadian Radio-television and Telecommunications Commission (CRTC) has issued its first Compliance and Enforcement Decision* under Canada’s Anti-Spam Law (CASL).  The Commission confirmed the staff finding that Blackstone...more

CASL compliance undertakings continue to mount

Another company that is well-known to consumers has agreed to enter into a compliance undertaking with the CRTC for alleged CASL violations.  Kellogg Canada Inc. has paid a monetary penalty of $60,000 and undertaken to enter...more

Broadcasters obtain injunction in bid to stem “emerging trend” of pre-loaded set-top boxes

The Federal Court of Canada recently granted three large broadcasters an order for an injunction* against retailers of pre-loaded “plug-and-play” set-top boxes.  The apps pre-loaded on the boxes allow consumers to access TV...more

CRTC enters into MOU with FTC on spam and unlawful telemarketing

As we have noted in previous posts, the Canadian Radio-television and Telecommunications Commission (CRTC) has repeatedly highlighted its work with its international counterparts to combat spam and unlawful telemarketing,...more

Canada’s role in international botnet takedown

The Canadian Radio-television and Telecommunications Commission (CRTC) has served its first warrant under Canada’s Anti-Spam Law (CASL) to take down a Toronto-based command and control server.  The malware family...more

A Brief History of the Broadcast Reproduction Right

The following is a timeline of broadcast reproduction copyright developments, leading to yesterday’s Supreme Court of Canada decision in CBC v. SODRAC. 1980’s: SODRAC, a copyright collective society managing (largely...more

Online Endorsements and “Astroturfing”

Having warned consumers: “Don’t buy into fake online endorsements” last year, the Competition Bureau sent a strong message to the media and marketing industry against astroturfing yesterday.  The Bureau announced that it has...more

Balancing the Budget …and Balancing Copyright

The Government of Canada’s Budget Plan for 2015 proposes various measures within the expected areas of tax relief, job creation and economic growth measures.  It also includes a very unexpected proposal to extend the...more

Let’s Talk TV – CRTC Roadmap to “Maximize Viewer Choice”

The Canadian Radio-television and Telecommunications Commission (CRTC) has issued its fourth ”Let’s Talk TV” policy decision on the regulation of the Canadian television system.  Today’s decision is  A World of Choice – A...more

Let’s Talk TV – Delayering 50 years of Regulation in “the Age of Abundance”

In an important policy decision issued today, “The way forward – Creating compelling and diverse Canadian programming”, the CRTC announced ”significant changes to bring the CRTC’s regulations and Canadian television forward...more

Canadian Privacy Compliance: Time for your Online Checkup

In a previous post on online behavioural advertising (OBA), we wrote about the Office of the Privacy Commissioner’s ”call to action” to stakeholders in the advertising industry on OBA, and we discussed the industry’s response...more

Canada’s Anti-Spam Law – A Step by Step Guide on how it applies to Apps and Software

Canada’s new anti-spam law targets more than just spam. CASL also targets malware, and it has a very broad reach. CASL prohibits installing a “computer program” – including an app, software, or other executable data – on a...more

1/5/2015  /  Canada , CASL , Mobile Apps , Software

Canada’s Anti-Spam Law (CASL) applies to Software January 15

Earlier this year we told you that Canada’s Anti-Spam Law (CASL) is not just for Canadians. CASL is also not just about “spam”. Effective January 15, 2015, CASL applies to the installation of “computer programs” –...more

12/24/2014  /  Canada , CASL

Canada’s Anti-Spam Law – New Guidance on Offering Apps, Software

Canada’s Anti-Spam Law (CASL) targets more than just email and text messages - CASL also prohibits installing a “computer program” – including an app, widget, software, or other executable data – on a computer system...more

Canada’s Anti-Spam Law – not just for Canadians

Canada’s Anti-Spam Law (CASL) enters into force on Canada Day, July 1. It was passed in 2010 as a “made-in-Canada” solution to “drive spammers out of Canada“. Are you outside Canada? It’s important to know that this...more

Copyright v. Privacy: Voltage Pictures LLC v. John Doe And Jane Doe

The recent Federal Court of Canada decision in Voltage Pictures LLC v. John Doe and Jane Doe (2014 FC 161) has already received considerable attention for its approach to deterring so-called “copyright trolls”: plaintiffs...more

How Canada’s Anti-Spam Enforcers Will Cooperate, Coordinate, Share Information

Canada’s Anti-Spam Legislation (CASL) brings with it new legal violations and penalties, some of which become effective as of July 1, 2014. The Canadian Radio-television and Telecommunications Commission (CRTC), the...more

6 Month Countdown To Canada’s Anti-Spam Legislation (CASL)

Canada’s Anti-Spam Legislation (CASL) has been a long time coming. The Government of Canada announced today that most of CASL’s provisions will enter into force on July 1, 2014....more

12/5/2013  /  Anti-Spam Legislation , Canada

Canadian Advertisers Self-Regulate Online Behavioural Advertising

Call to Action on OBA - The Office of the Privacy Commissioner (OPC) is aware of the challenges associated with balancing privacy in the online advertising environment, and wants the ad industry to step up. On the day...more

A Road-Map To Sending “Commercial Electronic Messages” Under CASL

Let’s take stock of the information currently available on Canada’s Anti-Spam Legislation (CASL). First, there is the Act itself. Next, there are: - the Electronic Commerce Protection Regulations (CRTC)...more

9/12/2013  /  Anti-Spam Legislation , Canada , CRTC , Spam

Focus On Ontario - Not-For-Profit Corporations Act, March 2013: Transitioning To The ONCA

In This Issue: - Transitioning to the ONCA - Excerpt from Transitioning to the ONCA: The Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) is targeted to come into effect on July 1, 2013. The new Act...more

The Fake Facebook Profile And The Veiled Victim

Originally published in Internet and E-Commerce Law in Canada - December 2012 Volume 13, No. 8. In A.B. v. Bragg Communications Inc., the Supreme Court of Canada determined that a 15-year-old can proceed anonymously...more

Canada’s Anti-Spam Law (CASL) – Proposed New Regulations Would Soften Impact

Draft Regulations recognize CASL should not apply to ”regular business communications” Industry Canada has published long-awaited draft Regulations that would lessen the impact of Canada’s Anti-Spam Law (CASL) on...more

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