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Your Email to Canada May Now be Against the Law--Storming the CASL (Canada Anti-Spam Legislation)
National Law Review ^ | 7-16-2014 | Wendy G. Hulton

Posted on 07/16/2014 7:41:27 PM PDT by Citizen Zed

If you or your organization is found to have sent non-compliant electronic messages, it can mean up to a $1 million dollar fine for individuals and $10 million dollars for corporations. Officers,directors and agents of a corporation can be liable if they directed, authorized, assented to, acquiesced in, or participated in the commission of the violation.

CASL applies, if any element of the electronic message encourages participation in a commercial activity.

It applies to emails, instant messages, SMS messages and messages sent to “similar accounts”.

This means that the form, content and unsubscribe requirements established by CASL apply to foreign messages including those sent by foreign organizations to Canadian recipients. 

Yes, CASL applies to Social Media.

According to the CRTC: “a typical advertisement placed on a website or blog post would not be captured...”, whether communication using social media fits the definition of “electronic address”, must be determined on a case-by-case basis, depending upon, for example, how the specific social media platform in question functions and is used. For example, a Facebook wall post would not be captured. However, messages sent to other users using a social media messaging system (e.g., Facebook messaging and LinkedIn messaging), would qualify as sending messages to “electronic addresses”.

(Excerpt) Read more at natlawreview.com ...


TOPICS: Chit/Chat
KEYWORDS:
Are you compliant?
1 posted on 07/16/2014 7:41:27 PM PDT by Citizen Zed
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To: Citizen Zed; Squawk 8888
Canadian authorities might have trouble collecting these fines from the folks in Nigeria who notify people that their long lost uncle has left them $55 million.
2 posted on 07/16/2014 7:49:54 PM PDT by SayNoToDems (Will the dancing Hitlers please wait in the wings? We're only seeing singing Hitlers.)
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To: Citizen Zed

Canadian laws have no standing applicable to residents in the United States.
Canadian laws are for residents of Canada, not the USA.


3 posted on 07/16/2014 7:50:03 PM PDT by bunkerhill7 ("The Second Amendment has no limits n firepower"-NY State Senator Kathleen A. Marchione.")
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To: Citizen Zed; AlexW; Mark17; KC_Lion; LucyT

So somehow the Canadian authorities are going to mosey on down here to Texas and fine me a million dollars? Or will they have the Texas Rangers or Interpol do it? Now I see why so many conservatives are headed for Asia.


4 posted on 07/16/2014 7:51:17 PM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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To: bunkerhill7

NAFTA.


5 posted on 07/16/2014 7:51:37 PM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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To: Citizen Zed
1. Unlike Obama's America, we don't try to enforce the law beyond our borders.
2. The law itself is like gun control; companies that obey it were never the problem.
3. My spam folder has tripled in size since the law took effect.

To all- please ping me to Canadian topics.

Canada Ping!

6 posted on 07/16/2014 7:55:43 PM PDT by Squawk 8888 (Lacrosse- Canada's national sport, like hockey only violent)
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To: Squawk 8888
The law itself is like gun control; companies that obey it were never the problem.

If your legislators are anything like ours it's a pretty safe bet that somewhere in this 165 page Bill is a clause that could mean that the use of a colon instead of a semicolon would make a particular email a violation of this act.

Just sayin'.....

7 posted on 07/16/2014 8:05:33 PM PDT by SayNoToDems (Will the dancing Hitlers please wait in the wings? We're only seeing singing Hitlers.)
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To: Citizen Zed

I got an e-mail the other day from Amazon. It asked me if I was Canadian - if I was, it wanted me to authorize e-mails from Amazon to me. Amazon wanted to remain in compliance.

I ignored it since I’m not Canadian - but I guess the request was genuine ...


8 posted on 07/16/2014 8:08:21 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: 2ndDivisionVet

nope


9 posted on 07/16/2014 8:09:09 PM PDT by bunkerhill7 ("The Second Amendment has no limits n firepower"-NY State Senator Kathleen A. Marchione.")
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To: bunkerhill7

Odd, United States laws seem to be applied to non-citizens residing outside the United States with surprising frequency. For example, the U.S. is seeking the extradition of Julian Assange, and Australian citizen, for actions taken outside the United States; Manuel Noriega was charged in U.S. court with various violations of U.S. law (drug smuggling, money laundering, among others) even though as the head of state of Panama when the acts took place, he arguable was not only subject to U.S. law, but had sovereign immunity; the folly of treating acts of terrorism as crimes rather than acts of war has produced many other examples.

Why should Canada not do the same regarding Americans in the U.S. sending e-mail to Canada in violation of Canadian law?


10 posted on 07/16/2014 8:10:22 PM PDT by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know...)
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To: The_Reader_David

I just sent this entire thread to every Canadian I know, and a few I don’t. Hey Mounties! Yoo-hoo, Dudley Doo-Right! I’m down here in Alabama! Hope this helps you find me!


11 posted on 07/16/2014 8:19:00 PM PDT by Alas Babylon!
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To: Citizen Zed

They have no jurisdiction outside their borders.


12 posted on 07/16/2014 8:31:27 PM PDT by TBP (Obama lies, Granny dies.)
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To: TBP

I believe any company doing business with Canada must store personal customer information in Canada and thus be subjected to the law. I’m wondering about big corporations like Disney, which will not take me off their mailing lists.


13 posted on 07/16/2014 8:41:37 PM PDT by Citizen Zed ("Freedom costs a buck o five" - Gary Johnston, TAWP)
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To: Lmo56

Yep, one effect of the law was that every company scrambled to notify everyone in their lists. I was receiving emails from companies I hadn’t heard from in more than a decade.


14 posted on 07/16/2014 8:42:56 PM PDT by Squawk 8888 (Lacrosse- Canada's national sport, like hockey only violent)
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To: Citizen Zed

I do know that many companies opted to move their data to Canada to protect customer privacy. The data centre business has been booming here of late.


15 posted on 07/16/2014 8:44:57 PM PDT by Squawk 8888 (Lacrosse- Canada's national sport, like hockey only violent)
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To: SayNoToDems

“the use of a colon....”

Sir, under the new multi-national, cross border, Memorandum of Understanding, anything whatsoever deemed negative about, or hurtful to, colons IST VERBOTEN!

Colons are semi-sacred to Obamoids and Queer Nation.

;-)


16 posted on 07/16/2014 9:16:44 PM PDT by GladesGuru (Islam Delenda Est. Because of what Islam is - and for what Muslims do.)
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To: The_Reader_David

So Canadians Mounties are goona cross the border `n come to my house with an arrest warrant? gimme a break!


17 posted on 07/16/2014 9:18:50 PM PDT by bunkerhill7 ("The Second Amendment has no limits n firepower"-NY State Senator Kathleen A. Marchione.")
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To: Citizen Zed

If I get a Canadian e-mail address ... will I get less Spam?!


18 posted on 07/16/2014 9:20:28 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: 2ndDivisionVet

I can’t add anything to it.


19 posted on 07/16/2014 9:45:40 PM PDT by Mark17 (Obama & Nero? Both Emperors. The difference is Nero plays a fiddle, while Obama plays Minnesota Fats)
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