Tuesday, November 22, 2011

Canadian Anti-Spam Legislation

I attended a recent webinar regarding Canadian Anti-Spam Legislation.
The webinar was put on by Email Experience Council (EEC) and Shaun Brown, Attourney, nNovation LLP. Very informative and some good reference materials.

Below are the main diffences between CAN-SPAM and CASL (Canadas Anti Spam Legislation):

CASL (Canadas Anti Spam Legislation)
- Addresses broad range of Internet issues (spam, spyware, pharming, etc.)
- Applies to all forms of electronic messaging (email, SMS, IM, etc.)
- Applies to "commercial electronic messages" (very broad)
- Applies regardless of proportion of commercial content
- Primarily opt-in; permission based
- No specific rules for certain types of content
- Must give effect to unsubscribe request right away
- Unsubscribe request takes effect when it is sent
- Unsubscribe mechanism must be valid for 60 days
- PRA available to anyone affected by a violation of the Act

CAN-SPAM (US Legislation)
- Addresses spam only
- Applies only to email
- Applies to messages that are 1) commercial; or 2) transactional or relationship (more narrow)
- Applies only if ‘primary purpose’ is commercial
- Opt-out; you can technically mail any person at least once
- Specific rules for sexually-oriented content
- Must give effect to unsubscribe request within 10 business days
- Unsubscribe request takes effect when it is received
- Unsubscribe mechanism must be valid for 30 days
- PRA available only to providers of Internet Access Services

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