The Canadian Bar Insurance Association

Canada’s anti-spam legislation (CASL) – big update

By Inga Andriessen

On June 7, 2017, the Canadian government wisely delayed the right of private prosecution under CASL. This was set to come into force on July 1, 2017, and would have allowed private lawsuits to enforce violations of the anti-spam laws.

The press release from the Canadian government contains the following, promising wording:

“Canadians deserve an effective law that protects them from spam and other electronic threats that lead to harassment, identity theft and fraud. At the same time, Canadian businesses, charities and non-profit groups should not have to bear the burden of unnecessary red tape and costs to comply with the legislation.”

CASL does not accomplish the goal that it set out to accomplish. CASL is not protecting anyone from cryptoviruses (Ransomware) and cyber criminals are not going to respect any laws – that is why they are called criminals.

CASL certainly should never have been considered a way for “victims” to make a living suing CASL violators.

With the government pressing pause on one aspect of CASL for now and reviewing it completely at the same time, this is a good opportunity for business to let its voice be heard. Write your MP, tell them what you want changed.

Let’s get rid of the personal liability aspect of CASL. This is our time to change the legislation.

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