Canadians may enjoy their poutine, but spam is another matter. Canada has finally passed national anti-spam legislation (Bill C-28) that, in addition to prohibiting the sending of unsolicited electronic messages, prohibits the unauthorized alteration of a message’s transmission data and the unauthorized installation of computer programs. It also introduces monetary penalties and a private right of action against spammers, as well as extended liability which will allow plaintiffs to “follow the money” to the responsible party. And the law amends Canada’s Personal Information Protection and Electronic Documents Act to crack down on the collection or compiling of unlawfully obtained personal information. The new legislation will be enforced by the Canadian Radio-television and Telecommunications Commission, the Competition Bureau, and the Office of the Privacy Commissioner.
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