

Canada obsoletes CAN-SPAM and replaces with an Opt-In system - mike-cardwell
http://www.returnpath.net/blog/intheknow/2010/12/canada-has-an-opt-in-regime-and-a-new-anti-spam-law/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ReturnPath+%28Return+Path%27s+IN+The+Know+Blog%29

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jws
Summary: Canada passed an email law[1] with teeth. It applies to anyone
sending email to a Canadian and takes effect in September.

(Still too long? Let's just call the Canadian law _CAN'T SPAM_.)

There are three tests, any of which will allow unsolicited commercial email.

• Existing relationship between sender and recipient. (purchase, contract,
donor, volunteer, member)

• The recipient prominently publishes their email address and the mail is
related to the recipient's professional capacity.

• Recipient signed up for it.

The law and its enforcement will begin to be explained in January.

[1]
[http://www2.parl.gc.ca/HousePublications/Publication.aspx?La...](http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Parl=40&Ses=3&Mode=1&Pub=Bill&Doc=C-28_3&File=47)
the meat is in section 6, but notice it is written in an "exception" model. It
seems a little insane until you get to the end of the section and catch the
exceptions.

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Naga
What happens if someone else signs someone up for commercial email? Who gets
in trouble? Based on this, it seems like the company would.

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acangiano
Somebody else can't, short of hacking into their account. In Canada, you are
forced to do double opt-in newsletter sign ups.

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the_unknown
In similar news today: Telemarketer hit with $500,000 CRTC fine. Good to see
that they are pursuing these major cases and forcing fixes. Still, I didn't
sign up for the Do Not Call specifically because I believed it would increase
my junk mail calls - never can trust the bad guys.

[http://www.cbc.ca/money/story/2010/12/17/crtc-xentel-do-
not-...](http://www.cbc.ca/money/story/2010/12/17/crtc-xentel-do-not-call-
penalty.html)

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ataggart
So, what's the over-under for the percentage change in the quantity of spam
Canadians see due to this act of politicians? I'd wager about 0%.

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mike-cardwell
It wont have an immediate affect. What it will do is enable people to sue
spammers that they couldn't previously sue. This may have a good long term
affect. Not just for Canada but for the World in general.

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jamie_ca
Maybe I just skimmed wrong, but I didn't see anything in the whole bill about
what they'll do if they find you breaking those rules...

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simonk
Administrative monetary penalties can be as high as $1 million per violation
for individuals, and $10 million per violation for organizations. FISA also
includes provisions for a private right of action that allows any person to
seek damages in court resulting from a violation of the law.

Out of this guide
[http://www.thindata.com/aboutus/resourcecenter/fisa/pdf/The_...](http://www.thindata.com/aboutus/resourcecenter/fisa/pdf/The_Marketers_Guide_to_Applying_FISA.pdf)

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jamie_ca
Ah, thanks.

