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Canada’s anti-spam legislation starts July 1

business.financialpost.com

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Re: Canada’s anti-spam legislation starts July 1

#2
I believe it only applies to messages originating from a server located in Canada, in case anyone was wondering.

EDIT: I am indeed wrong! A non-Canadian company could hypothetically get in trouble for violating these rules. I wouldn't expect that to happen often.

Also, thankfully, the Canadian rules seem pretty reasonable. Everyone probably should have to get explicit (more than a prechecked box) permission before adding you to a mailing list.

Re: Canada’s anti-spam legislation starts July 1

#3
post #2

I believe it only applies to messages originating from a server located in Canada, in case anyone was wondering. EDIT: I am indeed wrong! A non-Canadian company could hypothetically get in trouble for violating these rules. I wouldn't expect that to happen often. Also, thankfully, the Canadian rules seem pretty reasonable. Everyone probably should have to get explicit (more than a prechecked box) permission before ad…

CASL applies to any electronic message either sent from or accessed in Canada [1].

1: http://www.canadianadvertisinglaw.com/anti-spam-law/

Re: Canada’s anti-spam legislation starts July 1

#4
post #3
post #2

I believe it only applies to messages originating from a server located in Canada, in case anyone was wondering. EDIT: I am indeed wrong! A non-Canadian company could hypothetically get in trouble for violating these rules. I wouldn't expect that to happen often. Also, thankfully, the Canadian rules seem pretty reasonable. Everyone probably should have to get explicit (more than a prechecked box) permission before ad…

CASL applies to any electronic message either sent from or accessed in Canada [1]. 1: http://www.canadianadvertisinglaw.com/anti-spam-law/

Saying CASL applies to any message accessed in Canada is meaningless. Canadian law can't be applied to foreign entities. Reminds me of what happened with the national do-not-call list.

Re: Canada’s anti-spam legislation starts July 1

#5
post #4
post #3

Earlier quoted context omitted.

CASL applies to any electronic message either sent from or accessed in Canada [1]. 1: http://www.canadianadvertisinglaw.com/anti-spam-law/

Saying CASL applies to any message accessed in Canada is meaningless. Canadian law can't be applied to foreign entities. Reminds me of what happened with the national do-not-call list.

Sure, there are limits to foreign jurisdiction. IANAL, but if you have customers in Canada and you also send email to Canada you may have to care about CASL. Even if the message originates from a US server.

Re: Canada’s anti-spam legislation starts July 1

#6
post #2

I believe it only applies to messages originating from a server located in Canada, in case anyone was wondering. EDIT: I am indeed wrong! A non-Canadian company could hypothetically get in trouble for violating these rules. I wouldn't expect that to happen often. Also, thankfully, the Canadian rules seem pretty reasonable. Everyone probably should have to get explicit (more than a prechecked box) permission before ad…

No, you are 100% incorrect. CASL applies to any Commercial Email Message SENT to Canadians - server location doesn't matter.

(Sorry for being harsh, but we need to get the correct message out there).

Source: hours spent with our lawyers going over this.

There is big liability here for US companies sending email into Canada (or Canadian firms sending to Canadians).

Re: Canada’s anti-spam legislation starts July 1

#8
post #6
post #2

I believe it only applies to messages originating from a server located in Canada, in case anyone was wondering. EDIT: I am indeed wrong! A non-Canadian company could hypothetically get in trouble for violating these rules. I wouldn't expect that to happen often. Also, thankfully, the Canadian rules seem pretty reasonable. Everyone probably should have to get explicit (more than a prechecked box) permission before ad…

No, you are 100% incorrect. CASL applies to any Commercial Email Message SENT to Canadians - server location doesn't matter. (Sorry for being harsh, but we need to get the correct message out there). Source: hours spent with our lawyers going over this. There is big liability here for US companies sending email into Canada (or Canadian firms sending to Canadians).

[deleted]

Re: Canada’s anti-spam legislation starts July 1

#9
post #7

Like most anti-spam legislation, this will both hurt legitimate businesses trying to send email to people they've done business with in the past, as well as do nothing to stop spam. Spammers are still going to spam. They don't care about Canadian laws.

Spam filtering is pretty good these days, I don't get much spam to my inbox that isn't CAN-SPAM compliant. The interesting take away is that Canadians are still getting pissed off enough at CAN-SPAM passable spam to pass new legislation.

In other words "legitimate business" is pissing people off so much that the state is willing to intervene.

Re: Canada’s anti-spam legislation starts July 1

#10
post #4
post #3

Earlier quoted context omitted.

CASL applies to any electronic message either sent from or accessed in Canada [1]. 1: http://www.canadianadvertisinglaw.com/anti-spam-law/

Saying CASL applies to any message accessed in Canada is meaningless. Canadian law can't be applied to foreign entities. Reminds me of what happened with the national do-not-call list.

Canadian law can't be applied to foreign entities.

Of course it can. If they do business in Canada or maintain any assets their those transactions can be blocked or the assets frozen. Many developed countries have reciprocal agreements on things like court judgments, asset seizure and so forth. It's not the same as for a firm based in Canada, but it's not toothless either.

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