Sorry for the absence, blog and readers thereof. I have my reasons. Anyway just a short one this time. The CRTC published their draft regulations under Canada’s Anti-Spam Legislation (which as many of you isn’t the official short name) which was passed last December but isn’t yet in force.
Nothing particularly earth-shattering. I’ve reproduced the regulations further below, but here’s the ultra short version:
- E-mails must set out:
- name of sender
- name of the principal on whose behalf the sender is sending (if different)
- if sender/principal carry on business under other names, those other names
- physical/mailing address, telephone number, email address and website of sender and principal
- If not practicable to include the info and an unsubscribe message in the e-mail, it can be presented through a link in the e-mail or another equally efficient method that doesn’t cost the recipient anything.
- Unsubscribe mechanisms cannot take more than two clicks (or something similarly efficient).
- Requests for consents (e.g. to receive e-mails or to install software) must include all the information set out in 1 and a statement indicating consent can be withdrawn by using such information.
- If software to be installed performs any of the functions specified in s. 10(5) of the Act, then:
- those functions must be described “separately” from other information in the consent request
- written acknowledgement must be obtained that the recipient understands and agrees to the performance of those functions
The functions set out in s. 10(5) for which consent must be obtained are (in compressed form):
- collecting personal information
- interfering with control of the recipient’s computer
- changing or interfering with settings, preferences or commands without their knowledge
- changing or interfering with data that prevents access or use
- causing the computer system to communicate without the authorization
- installing software that may be activated without their knowledge
I won’t put you through the pain of a rehash of the rest of the Act.
The consultation period ends August 29. Also, apparently there may be other stuff in the official regulation to be published on Saturday.
Here’s the full text for your reading pleasure and to save you a click:
Appendix to Telecom Notice of Consultation
CRTC 2011-400
Electronic Commerce Protection Regulations (CRTC)
DEFINITION
1. In these Regulations, “Act” means An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.
INFORMATION TO BE INCLUDED IN COMMERCIAL ELECTRONIC MESSAGES
2. (1) For the purposes of subsection 6(2) of the Act, the following information must be set out in any commercial electronic message:
(a) the name of the person sending the message and the person, if different, on whose behalf it is sent;
(b) if the message is sent on behalf of another person, a statement indicating which person is sending the message and which person on whose behalf the message is sent;
(c) if the person who sends the message and the person, if different, on behalf of whom it is sent carry on business by different names, the name by which those persons carry on business; and
(d) the physical and mailing address, a telephone number providing access to an agent or a voice messaging system, an email address and a web address of the person sending the message and, if different, the person on whose behalf the message is sent and any other electronic address used by those persons.
(2) If it is not practicable to include the information referred to in subsection (1) and the unsubscribe mechanism referred to in paragraph 6(2)(c) of the Act in a commercial electronic message, that information may be provided by a link to a web page on the World Wide Web that is clearly and prominently set out and that can be accessed by a single click or another method of equivalent efficiency at no cost to the person to whom the message is sent.
FORM OF COMMERCIAL ELECTRONIC MESSAGES
3. (1) The information referred to in section 2 and the unsubscribe mechanism referred to in paragraph 6(2)(c) of the Act must be set out clearly and prominently.
(2) The unsubscribe mechanism referred to in paragraph 6(2)(c) of the Act must be able to be performed in no more than two clicks or another method of equivalent efficiency.
INFORMATION TO BE INCLUDED IN A REQUEST FOR CONSENT
4. For the purposes of subsections 10(1) and (3) of the Act, a request for consent must be in writing and must be sought separately for each act described in sections 6 to 8 of the Act and must include
(a) the name of the person seeking consent and the person, if different, on whose behalf consent is sought;
(b) if the consent is sought on behalf of another person, a statement indicating which person is seeking consent and which person on whose behalf consent is sought;
(c) if the person seeking consent and the person, if different, on whose behalf consent is sought carry on business by different names, the name by which those persons carry on business;
(d) the physical and mailing address, a telephone number providing access to an agent or a voice messaging system, an email address and a web address of the person seeking consent and, if different, the person on whose behalf consent is sought and any other electronic address used by those persons; and
(e) a statement indicating that the person whose consent is sought can withdraw their consent by using any contact information referred to in paragraph (d).
SPECIFIED FUNCTIONS OF COMPUTER PROGRAMS
5. A computer program’s material elements that perform one or more of the functions listed in subsection 10(5) of the Act must be brought to the attention of the person from whom consent is being sought separately from any other information provided in a request for consent and the person seeking consent must obtain an acknowledgement in writing from the person from whom consent is being sought that they understand and agree that the program performs the specified functions.
COMING INTO FORCE
6. These Regulations come into force on the day on which they are registered.
