Electronic Commerce Protection Act: Spam prohibitions

Geist-48X68.jpgPosted by Michael Geist
The Electronic Commerce Protection Act (aka Bill C-27 or the anti-spam
bill) is a lengthy, complicated piece of legislation. At 69 pages, it involves many new prohibitions, enforcement measures, and changes to existing laws. Given its complexity, I'll divide the substance of the bill into several separate postings. This post focuses on the prohibitions - there are three primary prohibitions but it quickly gets complicated. The short version of this is that the bill requires all senders to obtain express consent before sending commercial electronic messages (including email, instant message, etc.) and to include contact and unsubscribe information. It also includes provisions designed to counter phishing, spyware, and botnets used to send spam.
The more detailed version is:
The primary prohibition is found in Section 6(1) which is the basic anti-spam provision. It provides that:
No person shall send or cause or permit to be sent to an electronic address a commercial electronic message unless (a) the person to whom the message is sent has consented to receiving it, whether the consent is express or implied; and (b) the message complies with subsection (2).
Not a particularly long sentence, but there is a lot there. Click here to read more of Michael's post.

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