Anti-Spam legislation delayed

On December 4, Industry Canada announced a delay in its new Anti-Spam legislation (CASL) which will now come into force on July 1, 2014. Bill C-28 provides tough new penalties and sets out some aggressive standards for how companies can use personal information for marketing purposes. 

On December 15, 2010, Royal Assent was given to an Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities. The fundamental and underlying principle of the Act is that such activities may only be carried out with the consent of the recipient. Once the law comes into effect, it will help to protect Canadians while ensuring businesses can continue to compete in the global marketplace. 

Under the new legislation: 

• The sending of commercial electronic messages (CEM) to communicate with consumers and subscribers will require consent from the recipient;
• alteration of transmission data in a CEM which results in the message being delivered to a different destination will require the recipient's consent; 
• companies will have to identify themselves in their messages and provide a way for recipients to unsubscribe from receiving further emails; 
• installation of computer programs without the express consent of the owner of the computer system or its agent will be prohibited;
• use of false or misleading representation online in the promotion of products or services will be prohibited;
• address harvesting - collection of addresses by the use of computer programs or the use of such addresses without permission will be prohibited.

On January 1, 2015, sections of the Act related to the unsolicited installation of computer programs or software comes into force. The Act will begin to take effect on July 1, 2014 when most of the Act comes into force. Once the law is in force, it will help to protect Canadians while ensuring that businesses can continue to compete in the global marketplace. On January 15, 2015, sections of the Act related to the unsolicited installation of computer programs or software come into force, and the Private Right of Action provisions will come into force on July 1, 2017.

CANADA'S ANTI-SPAM LEGISLATION 

CRTC Code for Wireless Services Now Available

The Canadian Radio-television Telecommunications Commission (CRTC)
has published a draft of the code which will govern contracts for wireless services in Canada. Consumers have voiced displeasure about the terms of their service contracts and other aspects of pre-paid and post-paid cellular service in Canada. The CRTC invites review and comments of the Code up to and including 15 February 2013.

There are a number of areas that will effect consumers and enterprises using wireless services.

Review the Draft Code

Does Your Electronic Messaging Meet New CRTC Regs

The CRTC has published the final Electronic Commerce Protection Regulations. The regulations cover: the required information to be included in a Commercial Electronic Message (CEM); the mandatory unsubscribe mechanism; the information to be included in a request for consent; and specified functions of invasive computer programs. 


These regulations came into effect on 28 March 2012 and touch upon the ownership of, and way 'contact lists' may be used for electronic commerce.


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CRTC says Canadians becoming more attached to Internet, smartphones.

Canadians are turning off their televisions and cutting their land lines in favour of online streaming and smartphones in record numbers, Canada's telecommunications regulator flags in a recent report.

The number of mobile phone subscribers is expected to reach 29.5 million by 2014, representing a penetration rate of 85 per cent. By then, smartphones will account for half of all mobile handsets in Canada, up from 31 per cent in 2009.

And by next spring, the percentage of Canadians with tablets is expected to double in a single year, to 10 per cent, according to consumer trends...

Read the complete article in the Calgary Herald

CRTC says Wireless Subscribers Expected to Rise to 30 million by 2014

The CRTC has released "Navigating Convergence II: Charting Canadian Communications Change and Regulatory Implications", a compilation of independent research and views obtained from CRTC stakeholders, including consumers, public-interest advocates and members of the broadcasting and telecommunications sectors. The first edition of the report was published in February 2010.

According to the report:

• Canadians are increasingly adopting mobile devices that can connect to the Internet and deliver content, information and social media services.
• Between 2010 and 2014, the number of wireless subscribers is expected to rise from 25.8 million to nearly 30 million, with half of them owning a smartphone.
• At the same time, mobile Internet subscriptions in Canada are predicted to increase significantly from 5.5 million in 2011 to 14 million in 2015.

Click here for the full report
Consider the implications for desktop applications in view of this huge shift in the way the internet will be accessed.