FISA: Legal Obligations and Business Strategies

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The Fighting Internet and Wireless Spam Act ("FISA") was passed into law by the federal government on December 15, 2010. The law

comes into force later this year, and is the product of several years' worth of research into spam-combating best practices from across the globe.

The main purpose of the FISA is "to promote the efficiency and adaptability of the Canadian economy by regulating commercial conduct that discourages the use of electronic means to carry out commercial activities."

In general terms, FISA is aimed at fighting (i) unsolicited electronic commercial messages (ie. spam); (ii) software that transmits information about a person, or a person's online activities, without his or her consent; (iii) altering the transmission of electronic communications; and in a more general sense, (iv) identity-theft.

This bulletin reviews the principal legal obligations under FISA and highlights business strategies for compliance with the law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Constantinos Ragas, Fasken Martineau DuMoulin LLP | Attorney Advertising

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