War on Spam: Victory Is Within Our Grasp
At last, Ottawa is primed to pass a law with serious teeth.
Does spammers' lobby have a case?
[Editor's note: Michael Geist's column returns to The Tyee after a four-week respite during the provincial election.]
The recent introduction of the Electronic Consumer Protection Act, Canada's long-awaited anti-spam bill, has been greeted with initial all-party support in the House of Commons. The bill just passed second reading with committee hearings the next step in the legislative process.
Looking ahead, the big fight seems destined to focus on the government's desire to establish a comprehensive regime with tough penalties that applies to most commercial communications to consumers. Consumer groups will likely welcome the reforms, while some business and marketing organizations may paint a gloomy picture of the costs associated with the new regulations.
No phishing
The bill strives to address most Internet-related consumer harms. These include email and text message spam, software programs that are secretly installed on users' computers ("spyware"), the use of emails and websites that trick users into thinking they are visiting a trusted site ("phishing"), as well as the use of computers infected by viruses to send spam ("botnets").
If enacted into law, the ECPA would make it illegal to send an electronic commercial message without the prior consent of the recipient. This would create an "opt-in" system, whereby, subject to certain exceptions, marketers would have to obtain consumers' consent before sending them commercial messages. Moreover, marketers would be required to meet several form requirements, including identifying the sender and providing a mechanism to allow consumers to unsubscribe from receipt of further messages.
In addition to the consent requirements, the ECPA targets the tactics frequently employed by spammers. It would become illegal to harvest email addresses without consent or to alter the transmission information on an electronic message, a rule designed to target phishing practices.
Cyber-hucksters in the crosshairs
The bill also makes several important amendments to the Competition Act to better ensure that the law captures false or misleading representations. This will grant the Competition Bureau the power to investigate and take action against the use of false headers in emails, false locator information, or the presence of false or misleading content.
Attempts to install computer programs without the users' express consent are also included within the ECPA. This not only addresses spyware that is secretly inserted into some emails, but also software companies that attempt to install updates without informing users or music companies that surreptitiously install anti-copying technologies.
Some business groups complain
The new provisions will only be effective if enforced and the ECPA features some of the toughest penalties in the world. The CRTC has been given a wide range of investigatory powers, including the power to compel Internet service providers to preserve transmission data. Once it concludes its investigation, the Commission can pursue a settlement or bring a notice of violation with penalties that can run as high as $10 million.
The Privacy Commissioner of Canada can also investigate certain complaints and the Competition Bureau can go after misleading representations with penalties up to 14 years in jail (indictment) or $200,000 and a year in jail (summary conviction). For those not content to wait for the CRTC or the Competition Bureau to act, the law also creates a private right of action to facilitate lawsuits against Canadian-based spammers.
The ECPA addresses many of the recommendations of the 2005 National Anti-Spam Task Force, but not everyone will welcome it with open arms. Some business groups are likely to oppose the shift toward an opt-in system, claiming that the new rules will impede commercial opportunities. Software companies may object to requirements to obtain express consent from users before installing new programs and opponents may try to sow fear within the business community, pointing to the regulatory costs and potential for multi-million dollar liability.
Yet most of these provisions are standard fare around the world. All parties should recognize that providing reasonable consumer protections does not impede electronic commerce, but rather facilitates it.
Related Tyee stories:
- Canada, the New Spam Haven
Tough laws are proven to trim the flood of e-junk. We opt to be lawless. - Canada's Do-Not-Call Disaster
How a good idea to protect your privacy was bungled. - Cracking Open Social Networks
The world's new 'walled gardens' online.




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Chris H
2 years ago
Stopping SPAM costs money too
The reason that Ottawa is onside with this isn't because they care about the consumer. It costs businesses a lot of money stopping SPAM from getting into their systems. They'd be doing a lot more if they actually cared about the consumer!
OilbertaRedTory
2 years ago
The high costs of spam ...
... are currently borne mostly by the recipient; not the sender.
A market-based solution to this nuisance was discovered by the technologically advanced culture of Victorian England with the development of the penny post :
[http://www.earsathome.com/letters/Previctorian/whopaid.html]
As the sender bore the cost of the stamp (rather than the recipient paying for delivery), fewer letters were left uncollected.
Were we to adopt a similar 'penny e-post' ( charging a nominal fee to send our texts and emails ), the price would quickly render spamming by the millions un-economic.
Jeffrey J.
2 years ago
What Else Is Buried in these Regs?
It has been some time since our ruling parties have passed a law with the public interest in mind. Usually, regulations are designed to appease the financial interests that have paid for government. However, it is possible that industry itself is getting tired of spam. If so, perhaps this initiative is real, and the public good will benefit. That would be a good thing. I do worry however about the secrecy surrounding most of this government's regs, along with the propensity to collect private information about Canadians. We'll see. Great article.
driftwolf
2 years ago
I wonder how our government
I wonder how our government thinks that they're going to apply Canadian law to the spammers - most of whom are OUTSIDE Canada?
This is something that requires a comprehensive multinational approach. Unfortunately, various governments are too busy trying to control the internet as a whole. They're not worrying about actually cooperating with others to stop something that literally costs everyone billions per year to deal with.
As for the "penny-epost" idea, that's a grand idea for certain companies to make huge profits while making sure to increase the "internet gap" between rich and poor. It would, however, do little or nothing to stop spam since there would always be ways around it. The people proposing that option don't seem to understand the technology involved, or if they do they're ignoring it in favour of the big bucks their companies would rake in should something like that go ahead.
southdeltawalker
2 years ago
My Name Is Spam
I currently head up a group. I send out group emails. These emails end up being called "spam" by Telus email.
This morn. i got an reply to an email i sent out to two people yesterday. This reply was labelled "spam".
It is really difficult to organize and contact new folks when my emails are labeled as "spam".
Those who are not familiar with my email address usually just delete them.
This is very frustrating.
This "spam" labelling does not stop any of the real "spam"-it just confuses people.
freebear
2 years ago
SPAM is salty cooked Ham in a Can!
SPAM SPAM SPAM soory I could not help myself Monty Python!
margot
2 years ago
erectile projectiles
I notice I haven't received any phony winner spams for about a month, as if this stuff has been stopped.
This, plus talk of legislation, reminds me of the barrage of erectile projectiles I remember being so annoyed by --- just before I decided to sign on for high-speed service a couople of years ago.
Is this just my impression? Or have some of the problems allegedly prompting this already been solved?
morechatter
2 years ago
Now what about spam phone calls
As random calls are made to consumers with programmed messages. I don't like those either.
mikev
2 years ago
"Victory is Within Our Grasp"
"Victory is Within Our Grasp"?? Are you retarded?
I'm sure this law comes with the usual exceptions - prior business relationship, political party or charitable organization, etc etc. Remember the do not call registry? Where all the people who were bothering you in the past (long distance, political polling, Sears calling would you like your ducts cleaned, etc etc) were still allowed to bother you?
And I'm sure this law comes with the usual lack of teeth. Anyone else get robocalls about you've won a cruise? Guess what, not from this country. Where do you think 99.99% of spam comes from? I'm not being flooded with spam from reputable businesses with a presence in Canada who might actually be affected by this law, I'm being flooded with spam from fly by night prescription pill peddling sites, girls who want to xxx chat with you, knock off watches, "this is a sercity messg frum bank/isp/whatnot, pleeze enter yur personal info or you're accownt will be shut", and all the kind of crap that is illegal already anyway so what is one more law going to accomplish.
I'm real sure they're actually going to set up a huge call center to take 50 calls/day/citizen for each spam received, hire dozens/hundreds of investigators who will get their hacking skillz on and trace the spam back to some ISP in Russia or China, the message originating from botnet infected computer in Tampa Florida, controlled by some script kiddie in Lithuania, who is working for the Russian mob, who are perpetrating some huge credit card swindle. Yeah the government of Canada is just going to round up all those people and throw them in jail, problem solved.
ps - if you're not getting spam, it's because you have the default filter turned on at your new ISP, which gets you southdeltawalker's problem above.
There is no easy solution. The United States has had some success, since they have some major spammers attempting to operate legitimately on their soil, they have had a few high profile successful prosecutions. But the flow of spam hasn't been affected at all. Canada will have less opportunity for realistic targets to investigate, and much much less affect on the overall problem. The only way to really eliminate spam is to fundamentally change the architecture of the internet into something much *much* less free, as in freedom, as in "you would like access to the internet now? identification papers please". I'll just keep living with the mildly annoying mildly costly spam, thanks.