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Consumer Protection Law

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Schulich School of Law, Dalhousie University

Canadian Journal of Law and Technology

2016

US CAN-SPAM Act

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Fighting Spam. How Stringent Is The Canadian Legal Arsenal. An Analysis In The Light Of The U.S. Can-Spam Act, Serge Kablan Jan 2016

Fighting Spam. How Stringent Is The Canadian Legal Arsenal. An Analysis In The Light Of The U.S. Can-Spam Act, Serge Kablan

Canadian Journal of Law and Technology

Following several countries, Canada recently passed Canada’s Anti-Spam Legislation (CASL), in an attempt to tackle spam. The law aims to ‘‘protect Canadians while ensuring that businesses can continue to compete in the global marketplace”. For this purpose, CASL prohibits not only the sending of commercial electronic messages without consent, but also any alteration of transmission data in the course of a commercial activity. Moreover, the Act disallows the installation of a computer program on another person’s computer system and the sending of commercial electronic messages following the installation. These three activities are prohibited unless the author or initiator has obtained …