CANADA'S ANTI-SPAM LEGISLATION IS ONE OF THOSE ACTIONS APPROVED BY GOVERNMENT THAT MAY CAUSE MORE HARM THAN GOOD and MORE CONFUSION THAN CLARITY

 
Bill C-28, Canadaís Anti-Spam Legislation (CASL) was passed in December 2010 and most provisions come into force on July 1, 2014.

By this date, all organizations will be required to comply with CASL`s specific anti-spam provision regarding commercial electronic messages (CEMs).

This legislation means that schools that wish to send out information about school fundraisers or a field trip that costs any money would be sending out a message that meets the definition of commercial activity because one of the purposes of that message would be to encourage participation in a commercial activity. In this case prior consent from the recipient must be obtained, express or implied.

This piece of legislation is expected to cause many problems with communication that many of us have come to expect or depend upon. For example, following July 1, requests for consent cannot be requested by email, unless there is a pre-existing relationship with the recipient as defined in CASL. Such a request for consent message must then come in the form of fax, regular post mail or telephone.

If any of our members with a legal background wish to weigh in with their opinion, it would be nice to know just what implied consent means. My opinion is that the members of the Valley East Facebook Group are giving their implied consent to receive any messages posted on this site because they joined the group of their own free will and may stay or leave as they wish. Therefore, all posts on this site will comply with the legislation with respect to the implied consent of the members to receive messages.

For example, a commercial electronic message is defined as something that is sent, not something that is pulled. So anything thatís posted on a website that isnít sent out but is made available for people to access, is not a commercial electronic message.

When it comes to Facebook, anything that is posted to a site is not being sent out. You are just posting it and others come to the site to look at it. When you receive a notification it is because you opted in to receive that notification, so Facebook posts should not be affected. However, if you "message" someone or text someone about a commercial activity, that may not be allowed under the new legislation.

I would imagine that the use of the term implied consent is going to heard a lot in the coming year.

Any information you may have on this legislation would be welcome.

http://fightspam.gc.ca/eic/site/030.nsf/eng/home

 
 
 
 

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