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Sookman Salzman ITCAN Spam Slides

Sookman Salzman ITCAN Spam Slides

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Published by barry sookman
Sookman Salzman ITCAN Spam Slides
Sookman Salzman ITCAN Spam Slides

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Categories:Business/Law
Published by: barry sookman on Jan 26, 2011
Copyright:Attribution Non-commercial

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10/18/2011

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Barry B. SookmanDirect Line: (416) 601-7949E-Mail: bsookman@mccarthy.ca
Impacts of the New Anti-SPAM andAnti-Spyware Legislation (Bill C-28)
January 26, 2011
Doc # 10027070
IT.CANQUARTERLY ROUNDTABLE SERIES
Lorne P. SalzmanDirect Line: (416) 601-7867E-Mail: lsalzman@mccarthy.ca
 
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Why businesses need to beconcerned about the Bill C-28
 
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Scope and Approach
¬SPAM -transmitting
any 
commercial electronic message is illegal unless there isconsent; it is an excluded category; and message is in a prescribed form. (s.6)¬Malware -it is illegal as part of a commercial activity to install
any 
computer program-good or bad-onto someone’s computer unless there is express consent and theprescribed disclosures are made. (s.8)¬Spyware -it is illegal as part of a commercial activity to install
any 
computer programonto someone’s computer that transmits data of any kind from that computer unlessthere is consent and the prescribed disclosures are made. (s.8)¬Message routing -it is illegal to alter transmission data to route a message to anunintended destination. (s.7)¬Broad protection against false and misleading representations extending to headerinformation, subject matter lines, URLs, and the message itself.(s.75 and 77)¬Broad protection against collecting individuals’electronic addresses using automatedtools primarily designed for this purpose and collecting personal information over theinternet by accessing a computer in violation of federal laws. (s.82)¬Burden of proof for consents is on the person alleging they haveit. (s.13)¬The regulations will significantly affect the interpretation of the Act and are not yetpublished. Scope will be significantly impacted by the regulations.

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