Fighting Internet and Wireless Spam Act: Understanding the Basics

The Fighting Internet and Wireless Spam Act, also known as FISA, is a law that aims to curb the growing problem of spam messages.

FISA defines spam as any unwanted commercial electronic message.

This law specifically targets email spam, but also includes spam messages sent via text messages, instant messaging, and social media.

FISA makes it an offense to send commercial electronic messages without the recipient's consent.

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CASL, short for Canada's Anti-Spam Legislation, was created in 2014 to combat spam and related cyber threats. It's a legislation that has made a significant difference in Canada.

Before CASL, Canada was home to 7 of the world's top 100 spamming organizations. By 2019, there were no longer any Canadian organizations on that list.

CASL has resulted in a significant decrease in spam, with a 37% decrease in Canadian-based spam and 29% less email in Canadians' in-boxes within a year of the legislation being introduced. Since then, the amount of spam that reaches Canadians has continuously decreased.

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Here are some key benefits of CASL for consumers:

For businesses, CASL has caused companies to be more disciplined in managing their electronic marketing programs, by requesting consent before sending commercial electronic messages. This shows consumers that businesses respect their privacy and ensures that businesses are communicating with people who are interested in their product or services.

Express consent is required before sending a commercial electronic message, and it must identify why consent is being sought, who is seeking it, and who it's being sought on behalf of.

You need to clearly identify the person seeking consent and the person on whose behalf consent is being sought in your request for consent.

To obtain express consent, you can't send a request for consent by email, as this is also considered a commercial electronic message subject to the act.

There's a 36-month transition period for existing business relationships that were in effect before the Act came into force, giving businesses time to adjust to the new regulations.

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CASL helps businesses stay competitive in a global, digital marketplace.

To comply with the legislation, you need to ensure your marketing strategies are in line with the law.

Protecting your business from spam is crucial, and CASL provides guidelines on how to do so.

You should read about how to protect your business or organization from spam to stay safe.

Reporting spam is also an important part of CASL, and it's essential to learn how to do it when necessary.

Canada's anti-spam legislation (CASL) protects consumers and businesses from the misuse of digital technology, including spam and other electronic threats.

To protect yourself from spam, you need to be aware of the legislation and take necessary precautions.

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The Canadian government takes spam very seriously. The Canadian Radio-television and Telecommunications Commission (CRTC) can impose administrative monetary penalties of up to C$1 million per violation of the Anti-Spam Law for individuals and C$10 million for businesses.

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If you're found to be violating the law, you might also face personal liability if you're an officer, director, or agent of the company. This means you could be held responsible for the company's actions.

If you're sued for violating the law, you could be liable for statutory damages, which can add up quickly. For example, you could be fined C$220 per commercial electronic message, up to a maximum of C$1 million per day.

The Canadian Anti-Spam Law has some serious teeth when it comes to penalties. The CRTC can impose administrative monetary penalties of up to C$1 million per violation for individuals and C$10 million for businesses.

Officer, directors, and agents can be held personally liable if they knowingly allowed a business to break the law. This means they could be on the hook for big fines, just like the company.

If you receive unwanted commercial emails, you might be able to sue the sender for violating the law. This is a pretty powerful incentive to make sure businesses comply with the Anti-Spam Law.

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Canada's new anti-spam law, the Fighting Internet and Wireless Spam Act, is at risk due to lobbying efforts from marketers who claim it's too tough on them. This law requires marketers to obtain your consent before sending you email.

The law has already been passed, with royal assent in December 2010, but the regulations that set out the precise meanings of things in the Act itself are still being finalized. This delay is causing concern that the law's effectiveness will be undermined.

Marketers can be sued for violations of the Act, even if the email is originating from another country, which empowers Canadians to sue firms in the US and elsewhere. This is a significant departure from the American CAN-SPAM act.

One email technology expert in Canada is looking forward to setting up a partnership with a litigation practice to go after American marketers who fall afoul of the new Canadian anti-spam law. However, this partnership will have to wait a little longer due to the regulatory delay.

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