Post on 01-Dec-2014
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CANADA’S NEW ANTI-SPAM LAW [CASL]Effective as of July 1 2014
©2014 TROOL Social Media All Rights reserved.
CASL
The toughest anti-spam law in the world
EffectiveJuly 1 2014
CANADA’S ANTI-SPAM LAW (CASL)
First drafted December 2010
WHY? to keep unsolicited, unwanted commercial electronic messages (CEM)out of Canadians’ in-boxes, while still permitting businesses, and consumers, to maintain
mutually beneficial relationships
CANADA’S NEW ANTI-SPAM LAWS
PROHIBIT THE FOLLOWING:1. Spamming – the sending of unsolicited
commercial electronic messages (“CEMs”) whether in the form of e-mail, text messages, social media or other means of telecommunication (section 6)
2. Hacking – the unauthorized altering of transmission data (section 7)
CANADA’S NEW ANTI-SPAM LAWS
PROHIBIT THE FOLLOWING:3. Malware – the installation of computer
programs without consent that result in phishing4, pharming5 and/or spyware6 (section 8)
4. Fraud – the making of deceptive representations online, including representations on websites and in CEM addresses (section 75)
CANADA’S NEW ANTI-SPAM LAWS
PROHIBIT THE FOLLOWING:5. Harvesting – the use of computer
systems to collect electronic addresses without consent (section 82(2))
6. Privacy invasions – the unauthorized access to a computer system to collect personal information without consent (section 82(3))
You MUST obtain express or implied consent from recipients before sending messages
You cannot install any computer programs on another person's computer system without express consent
You cannot make false or misleading electronic representations to promote products, services or business interests; and
CANADA’S NEW ANTI-SPAM LAWS& YOU
You cannot collect electronic addresses without authorization
Collection of personal information by accessing a computer system is in contravention of anAct of Parliament.
CANADA’S NEW ANTI-SPAM LAWS
FINES & PENALTIES
The fines for breaking this law are steep...
One of the most stringent laws of its kind in the world with fines of up to $10 million
Businesses that don’t comply risk serious penalties, including criminal and civil charges, or personal liability for company officers and directors
THE RIGHT TO COMMENCE PRIVATE ACTION
Starting July 1, 2017, CASL will give persons affected by a contravention of CASL the right to commence a private action. In such an action, the court may award damages for actual loss proven and may award a separate monetary sum per contravention (i.e., a $200 per contravention up to a maximum of $1 million for each dayon which the contravention occurred)
THE MOST IMPORTANT FACT
Sending any unsolicited email* from a commercial source like
your business email address will be illegal, even if it’s NOT about doing
business
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*Networking can be affected
WHY? NEW ANTI-SPAM LAWS IN CANADA
The purpose of these laws is to reduce spam
The intent is to reduce malware, virusesand unsolicited porn
Sadly, Canada is one of the last countries to put legislation into effect
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1. EXISTING CONTACTS AND LISTS
Existing distribution list or newsletter:
In your next email distribution – Add an unsubscribe option notice (can be small print at bottom)
This will cover your existing list*©2014 TROOL Social Media All Rights reserved.
2. OPT IN IS REQUIRED
•As of July 1 2014 ANY UNSOLICITED EMAIL is defined as Spam
•Spam includes any commercial email as in sent from a commercial source (so anyone in business)
sent without the EXPRESS consent of the recipient.
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3. NEWSLETTERMUST HAVE UNSUBSCRIBE FUNCTION
It can be small print at the bottom It can be as simple as a line that says
‘to unsubscribe send a reply with a note to unsubscribe.’
Remember: unsubscribe must be processed within ten business days.
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PART 1 THE UNSUBSCRIBE MECHANISM MUST:
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• Be respected within 10 business days of it being sent by the recipient
• Be at no cost to the recipient• Remain functional for 60 days after the message is sent
• Enable the recipient to indicate the wish to no longer receive any CEMs, or any specific class of CEMs, from the sender
PART 2 THE UNSUBSCRIBE MECHANISM MUST:
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• Be sent by using the same electronic means by which the CEM was sent, or if not practicable, another electronic method, and
• Specify an electronic address or link to a webpage that can be accessed through a web browser to which the unsubscribe indication may be sent
2. You can reply.
4. YOU CAN REPLY
If someone sends you an email, it’s okay to reply to them in a timely manner
If you get a referral, you are required to specify the FULL NAME or common use name of the party who made the referral in your email
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SUMMARY RE: EMAIL CHANGES ANTI-SPAM LAWS JULY 1 2014
1. To make your existing contacts and lists legal add an opt in note at bottom
2. Newsletters require an opt in (consent)
3. Newsletters require an unsubscribe4. You can reply to emails received
©2014 TROOL Social Media All Rights Reserved.
3 SIMPLE RULES WHEN SENDING CEMS:
Consent You must have expressed or implied consent to send a message.Identification You must clearly and simply identify yourselves and anyone else on whose behalf the message is sent.Unsubscribe In every message you send, you
must provide a way for recipients to unsubscribe from receiving messages
in the future.
WHAT ABOUT YOUR SAFETY?
Do you know what to look for in an email?
Do you know what’s a possible threat?
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BE CAUTIOUS IF YOU SEE ANY OF THESE IN THE ELECTRONIC MESSAGES YOU RECEIVE:
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• Asks for sensitive information: Banks and other legitimate companies will never ask for personal or financial information in an electronic message
• Impersonates a company or a person you know: Many criminals try to fake the appearance of well-known companies or people you deal with frequently. Look for the warning signs in this list, even from senders you think you recognize
BE CAUTIOUS IF YOU SEE ANY OF THESE IN THE ELECTRONIC MESSAGES YOU RECEIVE:
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• Uses scare tactics: They may threaten to delete your account if
you do not respond• Asks for money in advance:
Do not send money to anyone you do not know and trust
• Seems too good to be true: Beware of messages offering unexpected cash gifts and prizes such as, "You've won a trip!"
HOW DO YOU PROTECT YOURSELF
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Your business or organization’s computer(s) and network from spam and other electronic threats Do you need:A. Anti-spam software B. Anti-virus softwareC. Firewall protection
D.You need All of them!
THANK YOU
Elaine Lindsay TROOL Social Media http://TROOLSocial.com/troolsocial@gmail.com
©2014 TROOL Social Media All Rights reserved.