Canada Passes New Anti-Spam Law

The Canadian government has passed a new anti-spam law designed to keep destructive and disruptive spam out of the country. The law, called the Fighting Internet and Wireless Spam Act or FISA, is similar to the United States’ CAN-SPAM law and dictates severe penalties for offenders. Here’s a look at what the bill mandates:

1. Sending commercial emails is prohibited unless the recipient has opted to receive such messages.
2. Commercial messages must have a clearly defined sender, provide a way for recipients to unsubscribe if they wish, and the sender’s contact information.
3. Certain commercial messages, such as those containing account or subscription info, warranty or recall notices, related to employment, or that deliver upgrades or security patches are exempt.
4. Text messages and phone calls are also exempt from compliance.

The law says consent is implied if a recipient has conspicuously posted their email address, has an existing business relationship with the sender, or has given the sender their email address without making it known that they don’t want to receive commercial messages.

The law also prohibits individuals from installing software or sending messages from another person’s computer without their consent. The penalties for not complying with the new law are substantial. Fines of up to $1 million for individuals and $10 million for companies, and individuals have the right to sue anyone who violates the law for up to $200 per unsolicited message.

What do you think about the new law? Do you think it will be effective or enforceable? We want to know your thoughts, especially if you are Canadian. Please leave a comment!