CategoryLegal

Canada publishes updated proposed regulations for CASL

Based on initial feedback collected in 2011, updated regulations for CASL have been published by the Industry Canada. Interested stakeholders have until February 4, 2013 to comment on the proposed regulations.
Edit: to identify correct Canadian Govt Agency (Thanks, Neil!)

Penkava v. Yahoo: dismissed

Carson Penkava, who was suing Yahoo! under California wiretapping laws, filed for dismissal with prejudice at the end of November. No reasons were given. Plaintiff hereby voluntarily dismisses the litigation with prejudice as to his individual claims and without prejudice as to the potential claims of any absent putative class members. The rights of absent putative class members will not be...

Motion to dismiss in Penkava v. Yahoo case

Earlier this month Yahoo filed a motion to dismiss in the Penkava v. Yahoo. This is the class action lawsuit where an Alabama resident is attempting to sue Yahoo for violation of the California wiretapping law. Here’s the short synopsis. People send mail to Yahoo. Yahoo “creeps and peeps” on that mail so they can profit from it. Plaintiff doesn’t like this, and thinks that...

Canadian anti-spam regulations

Canada passed an anti-spam law in 2010. Implementation of this law (CASL) were initially scheduled to go into effect in 2011. That deadline has passed and it’s not looking good for a 2012 date, either. Canada’s Radio-television and Telecommunications Commission is the agency responsible for enforcement and rulemaking. This week they published 2 bulletins to help guide companies on how...

Harvesting is alive and well

I’m finding out that email address harvesting off websites is alive and well on the Internet. We have a rotating address on the contact page, which does get harvested but usually the spam is attempting to sell me blog related services. I didn’t expect to get a very different collection of emails to the address I posted here. I’m quite surprised that address is getting a...

Let them go!

Unsubscribing should be so simple. Even if someone signed up for mail, senders should let them go when they unsubscribe. Unfortunately, there are a lot of senders that make it difficult to unsubscribe. In fact, many companies are still hiding unsubscribe links behind login pages. Neither a sender nor any person acting on behalf of a sender may require that any recipient pay any fee, provide any...

RPost – email and patents

Who are Rpost? Rpost are an email service provider of sorts. You may not have heard of them, as they focus on a fairly niche market – electronic contract and document delivery. Their main services are “Registered Email” – which provides the sender of the message with proof that the recipient has read the message, and proof of the content of the message, and...

Penkava v. Yahoo: wiretapping

According to stipulations filed yesterday Penkava and Yahoo! have agreed to go to private arbitration. This will happen before September 1, 2013. Also filed yesterday was an agreement that Yahoo! has until September 7, 2012 to respond to the complaint.

What's up with CASL?

Al has a guest post from Kevin Huxham of CakeMail talking about how a majority of people surveyed don’t know anything about the Canadian Anti-Spam Legislation. I have to admit, I’ve not talked about CASL very much here as I’ve been waiting for the implementation and rulemaking. Unfortunately, the implementation date has been pushed back again and again and it doesn’t look...

Wiretapping and email

An Alabama resident is suing Yahoo for violating the California wiretapping law. Specifically he’s suing under CA Penal Code section 631. The thing is, this section of the law deals with wiretapping over “telephone or telegraph” wires. That doesn’t seem to apply in this case as Yahoo isn’t using either telephone or telegraph wires to transmit their packets. Holomaxx...

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