CASL enforcement

As most people know, the Canadian Anti-Spam Law (CASL) went into effect July 1 of this year. This month, the CRTC concluded its first investigation.

A computer reseller based in Saskatchewan was placed under investigation by the CRTC after large numbers of complaints were made through the Spam Reporting Centre. The CRTC revealed that a server owned by the computer reseller sent millions of e-mail spam messages through Saskatchewan-based internet service provider, Access Communications. […] Exercising its discretion, the CRTC chose not to fine the business. CRCT Concludes First Enforcement

One of the biggest complaints about CASL was that innocent senders who just happened to inadvertently violate CASL would be hit with business ending fines. But the agencies tasked with enforcement have discretion. There are no minimum fines that they have to impose, they have discretion. Their first enforcement action demonstrates this. It would be easy for the CRTC to impose business ending fines on their initial case, as a warning to other senders. They didn’t do that.
CRTC has demonstrated they’re willing to work with businesses that violate CASL. That gives all senders a little bit of breathing room for the next 2.5 years. Come July 1, 2017, individual users can exercise their private rights of action against senders. The PRoA is really an unknown variable. How many Canadians are annoyed enough by unsolicited emails that they’re willing to take senders to court? I don’t really know.

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CASL is more privacy law than anti-spam law

Michael Geist, a law professor in Canada, writes about the new CASL law, why it’s necessary and why it’s more about privacy and consumer protection than just about spam.

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Have fun storming the CASL!

I’ve given Humble Bundle my (tagged) email address a bunch of times – as part of purchases, as my username on their website, to download games and books I’ve bought.
And, naturally, they’ve sent me newsletters announcing when they have new sales. Did I check a checkbox or uncheck a checkbox? I don’t remember, and don’t really care. It’s a company I have a real relationship with and have purchased from, they’re sending content I want to see, and I trust them not to misuse my address and to honour an unsubscription request.
So … probably opt-in, and I’m fairly sure they’ve confirmed that it’s my email address. But did they explicitly tell me they’d use my email address for a newsletter? I and my email archive don’t remember that far back, and it’s quite possible that Humble Bundle’s current staff and records don’t either.
In todays newsletter, right above their talking about their summer sales, they had this:
 
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They’re confirming that I want to keep getting newsletters, and stressing why I want to keep getting them. Their database probably dates back to the iron age, or at least 2010, and my clicking on the big, friendly green button both lets them know that I’m an engaged subscriber and lets them record in their database that “Yes! This subscriber has explicitly said they want our newsletters!”.
Gradually adding that information to their subscriber database will let them better make decisions in the future about what content to send, how often, whether to try and reengage with a subset of their subscribers.
Oh, and there’s CASL, of course.
If you or your recipients have a Canadian presence you have a little less than eighteen months to make sure you have documented, explicit consent from any recipients for whom you only have implicit (e.g. business relationship) consent or for whom you’ve lost the original records.

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Email saves trees!

The arrival of my first spam email was a bit of a shock. I’d been on the internet for years by that point and had never seen junk mail in my inbox. Of course, the Internet was a very different place. The web was still a toddler. There was no email marketing industry. In fact, there wasn’t much commerce on the web at all. Much of the “surfing” I did was using gopher and ftp rather than the fancy new web browser called NCSA Mosaic. To share pictures we actually had to send printouts by postal mail.
It wasn’t just getting spam that was memorable (oh, great! now my inbox is going to look like my postal box, stuffed full of things I don’t want), it was the domain name: savetrees.com. Built into the domain name was an entire argument defending spam on the grounds of environmental friendliness. By sending spam instead of postal mail we could save the earth. Anyone who didn’t like it was morally corrupt and must hate the planet.
Why do I mention this history? During a discussion on a list for marketers earlier this week, multiple people mentioned that email marketing was clearly and obviously the much more environmentally sound way to do things. I mentioned this over on Facebook and one of my librarian friends (who was one of the people I was email friends with back in those early days) started doing her thing.
She posted her findings over on the Environmental News Bits blog: The comparative environmental impact of email and paper mail. It’s well worth a read, if only because a lot of companies have really looked into the issue in great detail. Much greater detail than I thought was being put into the issue.
I shared one of the links she found, the 2009 McAfee study, with the email marketing group discussing the issue. (You may want to put down the drinks before reading the next line.) It was universally panned as marketing and therefore the conclusions couldn’t be trusted.
Anyone who pays any attention knows that nothing we do and none of the choices we make are environmentally neutral. Plastic bags were supposed to save trees from becoming paper bags, but turned into an environmental mess of their own.
Simple slogans like “email saves trees” might make marketers feel better, and may have gained Cyberpromo a strong customer base in the early days. But the reality is different.

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