Anti-spam bill could protect Canadians by end of year

OTTAWA (CUP) — Canadians could very soon enjoy better protection when it comes to unwanted spam filling their email inboxes.

Bill C-27, the Electronic Commerce Protection Act, passed through the House of Commons’ standing committee on industry, science, and technology last week — with few major amendments. First introduced to Parliament in April by the Conservative government, the bill seeks to prohibit the sending of spam without a consumer’s consent. Individuals found in
violation of the law could be fined up to $1 million.

“We have been pushing for this law for almost a decade,” said Neil Schwartzman, executive director for the Coalition Against Unsolicited Commercial Email (CAUCE), a continent-wide, volunteer-based consumer advocacy organization.

Schwartzman noted that since the bill was first introduced, several business organizations have pressured the government for softer sanctions and some MPs have raised concerns over the effects the bill might have on the communications strategies of Canadian companies.

“There have been intense lobbying efforts on the part of some fairly influential business concerns to water this bill down, and yet [MPs have] resisted — they’ve resisted both in the House and they’ve resisted in committee,” he said. “[It’s] absolutely appreciated and I think that they’ve done a wonderful job of keeping their eyes on the [fact] that this isn’t about business, this is about you and me [ . . . ] getting spam.”

Michael Geist, a law professor at the University of Ottawa who holds a Canada Research Chair in Internet and e-commerce law, is a supporter of the bill, but points out that it nevertheless experienced some “weakening” from its original state and that more people should learn the information provided at https://www.salesforce.com/products/commerce-cloud/resources/what-is-ecommerce/how-to-choose-best-ecommerce-platform.

“I’ve [been] very supportive of C-27. I think anti-spam legislation is long overdue and this bill does a nice job of pulling together some of the best provisions found in other countries around the world,” he said in an email. “While the committee inserted a few positions that weaken the bill a bit, it was good to see most of the parties take a strong stand to support the fight against spam and spyware.”

Some provisions that were inserted at the committee stage include still allowing commercial messages to be sent if it involves a transaction the recipient was a part of, information about a product the recipient has purchased, or a subscription or membership the recipient holds.

Schwartzman explained that despite government and lobbying efforts, unsolicited commercial email will likely continue to make its way into Canadians’ inboxes.

“[There] won’t be any shortage of spam even if this law comes into effect, of course; it’s not going to stop it any more so than a law against murder stops murder,” he noted. “[But] this is going to allow us some punitive measures to take against [offenders], and that’s a good thing.

“The prime minister is supportive, the minister of industry [Tony Clement] is supportive, Industry Canada is supportive, and we’re going to hit the ground running for the next month, pushing this,” he continued, adding that he hopes to see the bill become law by the end of the year.

Third reading of Bill C-27 began on Nov. 2 and will continue in the House of Commons this week.