Anti-Spam Law in the United States - Anti-spam laws and regulations in the U.S. are intended to the public unwanted spam emails. Any person or company that sends emails in connection with their business must be sure to...more
Why does it matter to you? In February of 2024, Change Healthcare, a prominent player in the healthcare industry, fell victim to a ransomware attack that sent shockwaves through its systems and networks. The incident...more
The CRTC has overturned a 2018 staff finding that two online advertising intermediaries aided an unknown party with respect to the installation of malware on Canadian government computers, contrary to s. 9 of Canada’s...more
Six years ago, the Personal Data Protection Act 2012 (PDPA) came fully into force – a lifetime in technology terms. That period has seen the development of blockchain technology and the rise of artificial intelligence (AI),...more
On June 5, 2020, the Federal Court of Appeal (“FCA“) released its decision in 3510395 Canada Inc. v. Attorney General of Canada et al., 2020 FCA 103, in which it upheld the constitutionality of Canada’s anti-spam legislation...more
While there has been controversy about the enforcement of the electronic communication provisions of Canada's Anti-Spam Law (CASL) due to the ambiguities of the complex scheme, there is widespread support for the anti-malware...more
In yet another case involving state spam laws, a California state court judge dismissed a lawsuit involving email header information under the state’s spam laws....more
Canada’s anti-spam law (CASL) addresses much more than unwanted commercial messages. CASL also prohibits, among other things, installation of software onto a person’s computer without consent. The Canadian Radio-television...more
We have noted that Canada’s Anti-Spam legislation (CASL) is complex, onerous and ambiguous. In the face of the uncertainties created under the CASL regime, organizations seeking to comply with the law still await substantial...more
Canada’s Anti-Spam legislation (CASL) is a complex, onerous and ambiguous legislative system. The ambiguities were identified in a constitutional challenge that the CRTC acknowledged but ruled did not go to the point of...more
Email is an important marketing took for many retailers, who need to be aware of the legal requirements regarding sending email to customers and potential customers. Since its enactment in 2003, the Controlling the Assault...more
Canada’s Anti-Spam Law (CASL) went into effect on July 1, 2014, but an important grace period for the law terminates this Saturday, July 1, 2017. That grace period stayed the right of private action under CASL, meaning that...more
DUE DILIGENCE PHASE - Does the Target send commercial electronic messages (CEMs) from Canada and/or to recipients in Canada? CEMs include any email, text message or other direct electronic message that wholly or partly...more
Our previous alert regarding changes to Canada’s Anti-Spam Legislation (“CASL”) previewed two important changes that were to come into effect as of July 1, 2017...more
On June 7, 2017, the Canadian government announced that it is suspending indefinitely the private right of action provided for by Canada’s Anti-Spam Legislation (“CASL”), which sets forth the country’s regime of disclosures,...more
In a news release on June 7, the Government announced that it was suspending the implementation of the “private right of action” provisions in Canada’s anti-spam legislation (CASL), in response to broad-based concerns raised...more
In an order dated June 2, 2017, the Canadian government indefinitely suspended a key provision in Canada’s anti-spam legislation (CASL), which was set to take effect on July 1, 2017. While CASL initially came into force in...more
By way of an Order in Council dated June 2, 2017, the government of Canada has indefinitely delayed the coming into force of the private right of action under Canada's Anti-Spam Law (CASL)....more
Businesses obtain welcome relief from the imminent threat of private lawsuits under Canada’s Anti-Spam Legislation (CASL) as the private right of action, originally scheduled to come into force on July 1, 2017, has been...more
Organizations that do business in Canada should be aware of key changes coming to Canada’s Anti-Spam Legislation (“CASL”). Beginning July 1, 2017, CASL will place stricter conditions on how companies can market their services...more
Over two years after the enactment of Canada’s anti-spam legislation, the Canadian Radio-Television and Telecommunications Commission (CRTC) has issued its first decision on the law, with a particular focus on the consent...more
On July 1, 2014, the central provisions of the Canadian Anti-Spam Law (“CASL”) came into force. These provisions generally prohibit the sending of a Commercial Electronic Message (“CEM”) without a recipient’s express consent,...more
U.S. companies may soon risk litigation for failing to comply with the provisions of Canada’s anti-spam law (CASL) in their electronic communications to Canadian consumers. While this anti-spam law has been in force since...more
Email is ubiquitous in modern life with billions of emails – wanted and unwanted – sent each day. Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act has...more
As expected, since Canada’s Anti-Spam Legislation (CASL) came into force, the Canadian Radio-television and Telecommunications Commission (CRTC) has been actively enforcing CASL’s anti-spam provisions. In 2015, the CRTC...more