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Time for Canada to Start Tackling Spam

Oct 19 2009, 08:32 AM 

Canada needs to enforce some anti-spam laws quickly; especially, if it wants to be perceived as an important player in the fight against spam.

Bill C-27 - the Electronic Commerce Protection Act was introduced in spring last year. The act is a result of years of hard work to ensure that Canada does not become a 'spam haven'. Industry Minister, Tony Clement’s anti-spam bill has been able to make it steadily, yet slowly, through the legislative process. The Standing Committee on Industry was to carry out the final clause-by-clause review of the act earlier in October.

While people would definitely support and accept laws to curtail spamming, there has been some opposition to the bill from business groups. These groups claim that the prerequisite to gain permission from users before sending them commercial emails will only hinder conducting business on the Internet.

When examined, it becomes clear that the bill seeks to set ‘reasonable limits’ for online marketing. The bill is on par with anti-spam laws in countries like Australia, New Zealand and Japan.

Bill C-27 contains four major stipulations that need to be fulfilled to get consent from users. Firstly, the bill exempts business-to-business communication; this means businesses can send emails to each other without obtaining consent. Secondly, the bill is only applicable to commercial emails. All non-commercial emails between friends, family members, associates are completely exempt from the act. Thirdly, a range of business-to-consumer commercial email is beyond the purview of the bill. This means, businesses will be able to bank on implied consent to send promotional email to current customers for 18 months and also to non-customers, who have interfaced with the organization, for 6 months after their last contact. Lastly, if users have given their consent, companies can send unlimited commercial messages.

Canada needs to pass an anti-spam legislation as soon as possible, probably something on the lines of the CAN SPAM Act. Delaying it any further could make it the biggest spam junk yard in the neighborhood. Besides the law, authorities also need to provide an impetus for self-regulation. What’s more, they should respond to a crying need for greater online regulation.

Source: http://www.thestar.com/business/article/705294

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