The E-mail Skinny: The Ten Million Dollar Spam Law
Source: The E-mail Skinny
Our neighbors to the north may be the last of the G8 countries to adopt an anti-spam law, but when it’s enacted later this year (as most analysts agree it will), Canada’s new law will be among the very strictest, creating penalties of up to 10-million Canadian dollars (or just under 9.87-million U.S. dollars) for businesses who send spam into or within Canada.
Bill C-28, dubbed the “Fighting Internet and Wireless Spam” Act (or “FISA”, for short) imposes new requirements on senders of just about every type of electronic messaging, including mandates that stretch well-past the minimal requirements for e-mail under the U.S. CAN SPAM Act of 2003.
Under CAN SPAM, senders are required to abide by a series of labelling requirements, provide a working unsubscribe mechanism, and honor unsubscribe requests within ten business days. CAN SPAM, however, has never required that senders obtain prior consent from recipients. FISA requires either explicit permission, or implicit permission in the form of an existing business relationship or a conspicuous publication of the recipient e-mail address. If the publication of the address is accompanied by an instruction not to send unsolicited e-mail, it doesn’t count as implicit permission. FISA creates a two-year window from the date an address was collected without explicit permission to try and convert it to explicit permission. If after two years explicit permission is not obtained, the sender must suppress the address. Both CAN SPAM and FISA explicitly preclude sending to addresses that have been automatically “harvested” from web sites.
CAN SPAM grants enforcement powers to the FTC, and gives ISPs the right to bring action against infringing senders themselves. FISA, in contrast, provides no criminal penalties, but allows both ISPs and individual recipients of spam to pursue civil action against senders.
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