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."

Comments

Precisely which "tough penalties"?

[Anonymous Coward]

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...;-))

I notice Geist says that Opt-In will be enforced

[WillAffleckUW]

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

Cool!

I don't like the encouragement to litigation

[under_score]

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).

Re:I don't like the encouragement to litigation

[Husgaard]

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.

Do not e-mail list

[G4from128k]

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.

What should be used to threaten Cdn spammers...

[WormholeFiend]

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.