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"Canada’s New Anti-Spam Legislation: Overview and Implications for Businesses", Focus on Communications - January 2011
Author(s): Patterson, Margot
Date: January 26 2011
The Fighting Internet and Wireless Spam Act received Royal Assent in December 2010, and will enter into force in the fall of 2011.  A part of Canada’s Strategy for the Digital Economy, FISA is intended to promote e-commerce by deterring spam, identity theft, phishing, spyware, viruses, and botnets, as well as misleading commercial representations online.  FISA creates new offences, enforcement mechanisms and penalties to address these online threats.  Canada is the last of the G-8 countries to introduce an over-arching legislative framework to address spam, which continues to represent approximately 80% of all global e-mail traffic.

In this guide:

  • Overview and Implications
  • A Multi-Faceted Regulatory Regime: Communications, Competition and Privacy
  • Application
  • Prohibitions
  • Enforcement of FISA and Penalties
  • Amendments to the Competition Act, PIPEDA, and the Telecommunications Act
  • Three-Year Transition
  • Next Steps for FISA

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