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Canada Task Force Calls For Anti-Spam Law

Canrights writes "Canada's National Task Force on Spam released its final report today. Despite prior spam actions on privacy grounds in Canada, the task force is calling for a tough new anti-spam law including penalties for failure to obtain appropriate opt-in consents before sending commercial email as well as private right of action to encourage Canadian lawsuits against spammers. Professor Michael Geist, who headed up the legal aspects of the task force, provides a good summary of the recommendations."

61 of 91 comments (clear)

  1. Idea by COMON$ · · Score: 1, Redundant
    Here is an idea, JUST STOP CLICKING ON THE FRIGGIN SPAM LINKS! If you get spam delete it! No law or filter is going to get rid of spam.

    Of course this has never been said on /. yet. mod me redundant please but hopefully eventually joe user will catch on.

    --
    CS: It is all sink or swim...oh and did I mention there are sharks in that water?
    1. Re:Idea by Phil246 · · Score: 1, Insightful

      unfortunately, the average user is still clueless and continues to both click on, and buy things from these emails :/

    2. Re:Idea by stillmatic · · Score: 2, Insightful

      There definately are ways of eliminating spam. ISP's just need to wake up to the economic reality that moving spam across their networks is wasting money.

    3. Re:Idea by subl33t · · Score: 1

      Unfortunatley Joe User doesn't read Slashdot.

    4. Re:Idea by abigor · · Score: 1

      I think most people realise that getting rid of spam utterly is impossible, so long as there are countries that allow it, and ISPs that profit from it. But making it more difficult to send can't possibly hurt.

      Furthermore, I'd argue that spam filtering has been a great success. It doesn't solve the bandwidth problem, but it does prevent the lost productivity spent deleting 100+ spam messages a day (in my case).

    5. Re:Idea by zerbot · · Score: 1

      Spammers don't care if you don't buy anything from the spam. The people who pay the spammers to spam you with their product might care, but there is an unending supply of suckers who believe that all they have to do is pay someone $500 for an "email blast" and the money will roll in.

    6. Re:Idea by HermanAB · · Score: 1

      Yup, you are the only one with a clue here. Spam can be removed by deep scanning routers. If the backbones won't carry it, then spam will necessarily stop.

      --
      Oh well, what the hell...
    7. Re:Idea by guitaristx · · Score: 1

      This won't happen until people treat their inboxes like their telephones. Even a decade ago, I felt like my privacy was invaded when I got phone spam. Therefore, I learned what it took to keep it to a minimum.

      When the general public starts treating email as a legitimate communications channel, rather than a novelty, we will see significant falloff of spam.

      --
      I pity the foo that isn't metasyntactic
    8. Re:Idea by codeguy007 · · Score: 1

      If that was practical it would have been done already. Do you really think the ISP's enjoy thousands of emails wasting their bandwidth?

      Some spam can be easily filtered out and some can't. As soon as you figure out how to filter one type the spammers come out with another.

      The only way to stop spam completely is to remove the financial reward for spamming and I don't see that happening.

    9. Re:Idea by Psiren · · Score: 1

      ...but there is an unending supply of suckers who believe that all they have to do is pay someone $500 for an "email blast" and the money will roll in.

      That is all they have to do, because there are plenty of stupid people out there who respond to it. If we drastically reduce the number of people responding (big if, and I've no idea how to, short of physical violence) then the money will stop rolling in, and they'll have to find some other way to get us to part with it. The only long term workable solution is to stop making spam a money spinner.

    10. Re:Idea by nate+nice · · Score: 1

      "unfortunately, the average user is still clueless and continues to both click on, and buy things from these emails :/"

      This is precisely why capitalism works, don't you see!

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    11. Re:Idea by whitehatlurker · · Score: 1
      They hear you ...

      From the report (p 24 Chapter 5 "Promoting Public Awareness") "Some of the simplest messages - such as 'do not open unsolicited emails,' 'do not buy from spammers' and 'do not provide personal information if you are not certain who you are dealing with' - have either not yet reached all users or not been understood. For example, the Ipsos-Reid Ipsos Trend Report Canada for May-June 2004 reported that more than one third of online Canadians open their spam emails, and that the main reason they give for doing so is curiosity."

      --
      .. paranoid crackpot leftover from the days of Amiga.
    12. Re:Idea by HermanAB · · Score: 1

      Yes it is not only practical, the devices already exist. Do some Googling for Deep Packet Scanning. One company that make things like this is Fortinet.

      --
      Oh well, what the hell...
    13. Re:Idea by codeguy007 · · Score: 1

      The fact of existance does not make a product practical. This type of packet scanning would obviously increase the network latency significantly and only catch a portion of the spam.

    14. Re:Idea by HermanAB · · Score: 1

      It is not only practical, I have one on my desk next to me...

      --
      Oh well, what the hell...
    15. Re:Idea by codeguy007 · · Score: 1

      Okay then tell me how much latency does this system create?

  2. Once the RCMP starts hunting spamsters by WillAffleckUW · · Score: 1, Insightful

    You know they'll always get their ham ... byproduct ... um, email.

    About time an efficient and methodical group was let loose upon the denizens of the underworld who send out spam. Their chief weapons are Politeness, Sincerity, and a Stringent Application of Canadian Law to preserve a spam-free environment ...

    --
    -- Tigger warning: This post may contain tiggers! --
  3. Precisely which "tough penalties"? by Anonymous Coward · · Score: 4, Interesting
    the task force is calling for a tough new anti-spam law including _____ penalties for failure to obtain appropriate opt-in consents
    Is "death" the missing word?
    Or are there some bulk mailers for whom life in a forced labor camp on water and SPAM would do? (I know that latter thought risks being modded down for undue leniency...;-))
    1. Re:Precisely which "tough penalties"? by Rei · · Score: 1

      Your post is a bit... overdone. I'm sure you were exaggerating to express your extreme dislike, but it reminded me of a Dave Barry quote:

      " 'I cannot overemphasize the importance of good grammar.'

      What a crock. I could easily overemphasize the importance of good grammar. For example, I could say: "Bad grammar is the leading cause of slow, painful death in North America," or "Without good grammar, the United States would have lost World War II."

      --
      Freeze Ray. Tell your friends.
    2. Re:Precisely which "tough penalties"? by grumpyman · · Score: 1

      Spank the spammer!!!

  4. I notice Geist says that Opt-In will be enforced by WillAffleckUW · · Score: 3, Insightful

    as opposed to the totally unworkable opt-out-unless-you're-rich-and-powerful US approach to spam.

    Cool!

    --
    -- Tigger warning: This post may contain tiggers! --
  5. I don't like the encouragement to litigation by under_score · · Score: 4, Insightful

    Canada is currently a relatively non-litigious society. It would be nice if it would stay that way. The use of litigation to effect change in a society or business community seems rather suspect: it puts in place a very odd set of incentives. Lawyers get more money the more problems there are, and individuals must fear the lack of liability insurance. Lawyers and insurance companies have a lot to gain from encouraging a litigious society while individual people have nothing to gain (that I can see).

    1. Re:I don't like the encouragement to litigation by absolutemeg · · Score: 1

      Totally agree on not wanting to become litigious. There's way too much drive to the courts in the US, and it hasn't really seemed to improve anyone's quality of life. People need to get some savvy and stop being so gullible. Cons and suckers will always be with us, and the only real way to save yourself is to figure out how to take care of yourself. You can say all you like that you want to "get tough" on something, but in the end, no one is going to watch your ass but you. Unless you are in porn, that is.

    2. Re:I don't like the encouragement to litigation by WillAffleckUW · · Score: 1

      What litigation? They're just going to arrest spamsters. No lawyers need be involved.

      --
      -- Tigger warning: This post may contain tiggers! --
    3. Re:I don't like the encouragement to litigation by Spodlink05 · · Score: 1

      The use of litigation to effect change in a society or business community seems rather suspect: it puts in place a very odd set of incentives. Lawyers get more money the more problems there are, and individuals must fear the lack of liability insurance. Lawyers and insurance companies have a lot to gain from encouraging a litigious society while individual people have nothing to gain (that I can see).

      I suspect the reason for that is that corporate America has little accountability. The only recompense the little man has against corporate negligence is litigation. The government aren't going regulate them, so the lawyers will happily take up the slack.

    4. Re:I don't like the encouragement to litigation by Husgaard · · Score: 3, Interesting
      In Denmark where I live we also have also a relatively non-litigious society.

      We have anti-spam laws, but these are constructed so that it is almost impossible for an individual or a company to start a court case against a possible spammer.

      OTOH we have a public institution Forbrugerombudsmanden (in danish). They accept complaints on any kind of possible spam originating from Denmark.

      When too many spam complaints are directed to them they go to court against the spammer. I don't think they have ever lost a court case against spammers, and in the cases where they have won the fines have been high enough to stop the spammer and stop other possible spammers from even starting.

      In two cases I know that danish spammers have stopped after I have threathened to tell Forbrugerombudsmanden.

      Does it help? Well, just look at the amount of spam originating from Denmark.

    5. Re:I don't like the encouragement to litigation by AndroidCat · · Score: 1

      Relatively non-litigious doesn't mean completely non-litigious. Canada is less litigious than the next guy, but the next guy is the United States!

      --
      One line blog. I hear that they're called Twitters now.
  6. Do not e-mail list by G4from128k · · Score: 3, Interesting

    The U.S. FTC "do-not-call" list worked wonders for phone spam for our household. We used to get at least 40 phone spams per month and now get less about 3 per month. Perhaps it could be employed to reduce the volume of spam, too.

    To prevent contributing to spammers' DB of addresses, the list could be handled on a query-only basis. It's not fool proof, but any spammer caught with an HD full of "do-not-email" names would be in for a world of hurt.

    I'm sure this proposal will get the obligatory "why this won't work" form letter, but then what solution to spam doesn't have a a long list of problems.

    --
    Two wrongs don't make a right, but three lefts do.
    1. Re:Do not e-mail list by WillAffleckUW · · Score: 1

      The U.S. FTC "do-not-call" list worked wonders for phone spam for our household. We used to get at least 40 phone spams per month and now get less about 3 per month. Perhaps it could be employed to reduce the volume of spam, too.


      Same here. The only phone calls I get now are from friends, relatives, and companies I actually do business with. How sweet it is!

      But so long as most spamhauses are in Florida, I predict nothing will be done here in the US, so I salute Canada for doing something whilst we fiddle.

      --
      -- Tigger warning: This post may contain tiggers! --
    2. Re:Do not e-mail list by joebubba · · Score: 1
      Yeah here, publish my email addresses to the spammers so they REMOVE ME FROM THEIR LIST. These are my really real email addresses. Make sure these stay top secret, mKay?

      If it works GOOD, next week I'll send you the list of Credit Card and Bank account numbers the Phishers aren't allowed to use too.

      Thanks Uncle Sam, glad you are involved now. I'm sure a new Department of Email Security is on the way. I bet these spammers back off when they see our threat level at Mauve, or Taupe.

    3. Re:Do not e-mail list by TrevorB · · Score: 1

      Actually considering that most spam isn't opt-in, wouldn't legal spammers *need* this list of do-not-spam email addresses to make sure that they don't mail people on it? Wouldn't the list need to be public to make sure you wouldn't be comitting an offense?

  7. canadia vs the world by demon411 · · Score: 1

    when most spam is coming from abroad, this law helps how?

    1. Re:canadia vs the world by hopbine · · Score: 1

      To quote Michael Geist " While Canada alone is not able to deal with the spam problem, we must at least deal with the spammers in our own backyard. "

      --
      Semper ubi sub ubi
    2. Re:canadia vs the world by AndroidCat · · Score: 1
      At one time I was going to do a Toronto Spam Tour and put up pictures of the places of various spammers around Toronto. I never got around to it, and a lot of them seemed to vanish over the last few years. I suspect that's stealth for some of them. e.g. it's been years since I received a spam that lead back to Dynamic Pipe/ Pythonvideo / Webfinity / Web Krew, but I have no doubt at all that they haven't stopped spamming.

      The Spam Tour site would be a nice match with this one.

      --
      One line blog. I hear that they're called Twitters now.
  8. Have in common by bigjnsa500 · · Score: 1, Troll
    Now here's something Canada and the US have in common:

    Pass a law for nothing!

    Constipated? Pass a Law against it!
    Replace common sense with government BS? PASS A LAW!

    --
    This is a test. This is a test of the emergency sig system. This has been only a test.
    1. Re:Have in common by saforrest · · Score: 1

      Replace common sense with government BS?

      Does 'BS' possibly stand for Belinda Stronach?

    2. Re:Have in common by rainman_bc · · Score: 1

      Too bad not enough moderators won't get your joke... Well I'll give you a +5 myself - that was friggin' hilarious...

      She's such a dirty girl... Dirty... Hot assed dirty girl...

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  9. This is all fine and dandy, but... by CyanDisaster · · Score: 1

    ...won't this merely stop spam coming directly from Canadian sources (excluding infected computers) and force them to either move to a country, or relay their spam through another country, with lax or non-existent rules regarding spam?

    Hope be with ye,
    Cyan

    1. Re:This is all fine and dandy, but... by jacksonj04 · · Score: 1

      Yes. Narrowing down the countries which can be used to send spam from means the spam problem becomes greater in those countries and they are under more pressure to introduce anti-spam measures.

      If it's one small country which 80% of spam comes from, all it takes is a few big players to blacklist the entire country

      --
      How many people can read hex if only you and dead people can read hex?
    2. Re:This is all fine and dandy, but... by Anne+Thwacks · · Score: 1

      Considering I get a good 50 spams a day promoting canadian pharmacies, it can't be all bad.

      --
      Sent from my ASR33 using ASCII
    3. Re:This is all fine and dandy, but... by arbitraryaardvark · · Score: 1

      when most spam is coming from abroad, this law helps how? find the broad, tell her to stop.

      Countries which don't have (effective) laws against spam, might also not have (effective) laws against hunting down spammers and making them into spam.
      We could organize safaris.

      Perhaps canada could pass a law to make it illegal to buy anything from a spammer. That might slightly reduce the demand.

  10. All of a sudden by Scrameustache · · Score: 1

    I'm for the comeback of the death penalty ;-)

    --

    You can't take the sky from me...

  11. Here's the solution: by suitepotato · · Score: 1

    Pass a law making it legal to DoS attack any IP found to be the originating source of spam greater than a given threshold and the findinds verified independently by two peer spam-hunting organizations. Post said IP on confirmation and let the script kiddies have at them.

    Spammers need to be hounded off the net. No ifs, ands, or butts. They need to go and should be subject to direct retribution equivalent to their own actions which amount in the aggregate to a DDoS on the mail systems across the Internet. How many admins have had servers collapse under the load, how many users have had connections die during downloading of thousands of spams and take forever to get to their real mail, etc.?

    --
    If my grammar and spelling are off, I am [distracted/tired/careless] (take your pick)
  12. Re:I notice Geist says that Opt-In will be enforce by WillAffleckUW · · Score: 1

    Note the distinction between a proposal from an activist and a law that was actually passed. You may want to hang on a bit before moving to Saskatoon...

    It's a summary of the law proposed by a crown task force. That's how they make laws up in Canada.

    Besides, I'd move to Vancouver, what with spring being 10 days earlier than it was 10 years ago ... about the same as Seattle and I went to college there.

    --
    -- Tigger warning: This post may contain tiggers! --
  13. Fix Florida! by Goalie_Ca · · Score: 1

    It's pretty much common knowledge that Florida is the source of a hell of a lot of spam. Our country is not the problem.

    --

    ----
    Go canucks, habs, and sens!
  14. What should be used to threaten Cdn spammers... by WormholeFiend · · Score: 4, Insightful

    Taxes.

    Amend the Income Tax Act to tax revenues from spam in the insane range.

    Canada has incredible legislative talent at finding new taxes to impose on people, and it's about time they start using this power for the Forces of Good.

    Now if that happens and some spammer evades his taxes, it's off to a Federal PMITA prison.

    And no conjugal visits.

    1. Re:What should be used to threaten Cdn spammers... by shmlco · · Score: 1
      Amend the Income Tax Act to tax revenues from spam in the insane range.

      Prove these revenues came from spam. These people just visited my site and ordered.... ;)

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
  15. How canI help to do that? by houghi · · Score: 1

    I live in Belgium and my mailserver where I recieve my mail is in the US. How can I file a complaint to a spammer in the Florida, or anywhere in the US or anywhere in any country?

    When I do it here, they say they are unable to do anything, because the crime was not commited in Belgium. The efficientcy of abuse mailadresses has been shown by the amount of spam we get.

    I am afraid that to get someting really done, we need much much much more spam. Spam in the amounts that it stops all internet traffic. Hopefully THEN either governements take actions or people will tell their governements to take action.

    --
    Don't fight for your country, if your country does not fight for you.
    1. Re:How canI help to do that? by webweave · · Score: 1

      Complain in the name of the company who operates your mail server.

    2. Re:How canI help to do that? by arbitraryaardvark · · Score: 1

      Embassy OF BELGIUM
      3330 GARFIELD ST., NW, 20008
      WASHINGTON, DISTRICT OF COLUMBIA
      Honorary Consulate OF BELGIUM
      11330 N.W. 36TH TE., 33178
      MIAMI, FLORIDA

      Step 1: make a friend at a consulate.
      Step 2: have the consulate write to the attorney general of the state of the spammer. this gets
      -way- more response than j random person.
      keep a paper trail. send stuff thru the mail, on your most official looking letterhead; don't try to do this by email - your email will be considered spam.
      Step 3: contact spammer, agree to stop efforts for a reasonable settlement ... profit.

  16. Will not be enforced by SleepyHappyDoc · · Score: 2, Informative

    We just had a provincial election here in British Columbia yesterday. During the campaign, my email was bombarded by spam, from all the parties fielding candidates. I received an average of fifteen political emails per day, on each of my email accounts. Interestingly, one of these accounts was created for, and only known to, the Ministry of Human Resources, a part of the government, and it received just as much spam as the others. If the government is directly sending, or is complicit in the sending of unsolicited email, what makes you think a law against it will be followed or enforced?

    --
    Stasis is death. Embrace change.
    1. Re:Will not be enforced by awehttam · · Score: 1

      1) The campaign offices are spamming you, not the government. Volunteers can get a bit over zealous at election time especially when it's over bitter rivalry. 2) Complain. www.privcom.gc.ca 2 may not get you anywhere as it's political spam, but I would anyway. Oddly enough I didn't get any spam about this election though, just a lot of crud about elections in Germany.

    2. Re:Will not be enforced by myov · · Score: 1

      How did you sign up/where did you give your address out? In our campaign I was very careful with our list, but another candidate wasn't (they didn't bcc: one time, giving us their entire email list).

      It also heavily depends on the skill level of the organization, and if they actually have someone who knows the various tech issues. I've seen everything from web pages created in Frontpage (with major layout issues) to other computer problems. The campaign manager is often flooded with offers during a campaign and may not know about the bad ones, especially if nobody is around to stop it.

      --
      I use Macs to up my productivity, so up yours Microsoft!
    3. Re:Will not be enforced by SleepyHappyDoc · · Score: 1

      How did you sign up/where did you give your address out?

      The one that troubles me, I had only given to my case worker, who handles my provincial disability stuff. I created that email account solely for communication with her, and hadn't given it to anyone else. It should never have left that privileged bit, but it did somehow.

      --
      Stasis is death. Embrace change.
  17. Re:New solution: by AndroidCat · · Score: 1
    How can opting in to one list opt me in for any others? I hope their proposal covers that opt-in lists can't be sold to third parties giving hand-me-down permission. (Because you'll never be able to opt-out from all the lists generated from the list that you did opt-in for.)

    Also, if the fourth list in the chain knows the details of my signup to the first list, that information is useless because almost everyone now has that information.

    --
    One line blog. I hear that they're called Twitters now.
  18. I heard the name by arodland · · Score: 2, Funny

    was going to be CAN-SPAM-ADA.

  19. Say it over and over.. by Ricardo · · Score: 1

    Say it over and over..

    to the tune of the the monty python spam song.

    sounds like my mail server trying to deal with all the bloody spam.. spam spam spam...
    canspamada ... canspamada canspamada canspamada..

    sorry

    yes it has been a slow week :)

    --
    Move along... there is no sig here.
  20. Re: Canada Task Force Calls For Anti-Spam Law by Anne+Thwacks · · Score: 1
    if I drive with a light off I get a ticket, independent of me noticing it or not. So why does anyone treat an irresposnible person (knowingly or not originating/relaying spam) differently from the spam originator.

    But if it's because the car's brakes are unable to hold it if there is a very slight slope, I think you would ahve a good case against the motor manufacturer, and if all their cars were like that, you could expect a big federal case. I don't see Dell or MS in court.

    Putting a not road worthy vehicle on an Interstate is a punishable crime. So is selling unroadworthy vehicles, and misrepresenting safety aspects of vehicles. If you were sold a car with locks that didn't lock, I think you would have federal support is sueing the auto manufacturer. Once again, MS is not in court. And where they are, they bribe their way out.

    Can you say 'Cayonero'? I knew you could!

    --
    Sent from my ASR33 using ASCII
  21. As a Canadian... by duffer_01 · · Score: 2, Funny

    I am all for this as long as it does not affect my communications with Mr. Rufus Mukhenze of the Nigerian Bank of Commerce.

  22. Re:So when will be the first time I hear... by rwven · · Score: 1

    well, if i were a spammer, i'd be trying to make a living my clogging up the mailboxes of millions of people with useless garbage that it's obvious they don't want. If spam was something worth making a living on, they wouldnt have big companies that do nothing but come up with software to fight it. It's awful and any spammers out there deserve to have laws made against their actions. At the very LEAST, governments should enact a national no-spam email list. People hate spam and no crying from any lame spammer is going to make ANYONE feel sorry for them. Most people cheer when they hear some has been prosecuted for violating the (somewhat overrated) can-spam law....

  23. Re:So when will be the first time I hear... by arbitraryaardvark · · Score: 1

    The proposal is like most of the US state anti-spam acts I've analysed (if the posted info was accurate.)
    It doesn't narrowly target spam, but outlaws a wide swath of legitimate email.
    Misleading headers: Look at the last 10 emails you sent. Could some enemy construe any of them as "misleading"?
    Look at the way the proposal targets those whose products are promoted by spam, even if they had nothing to do with sending or encouraging the spam.
    Say you don't like bill gates. Send spam advertizing his product, then report him.
    The proposal, if enacted in the US, would violate the first amendment and due process.
    I don't know enough about Canadian common law, charter, etc, to be able to comment.
    But it's a bad proposal in its current form, or it's been ineptly described in the posted articles.
    Baby with the bathwater, cure worse than the disease.