Law helps firms fight spam

Parliament passed a new anti-spam law in December 2010, which is expected to come into force next year.

Once this legislation is in force, it will:

• Help reduce unwanted e-mails from appearing in consumers' inboxes by requiring companies to gain their consent to receive commercial electronic messages; and

• Protect businesses and consumers alike by helping deter the most damaging and deceptive forms of spam or other electronic threats from occurring in Canada.

When the new law is in force, it will prohibit:

• Sending commercial electronic messages, including messages to e-mail addresses and text messages to a cellphone, without the recipient's express or implied consent;

• Installation of computer programs on another person's computer system without the express consent of the owner of the computer system or its agent, such as an authorized employee;

• Use of false or misleading electronic representations in the promotion of products, services or business interests;

• Collection of personal information through accessing a computer system in violation of federal law (e.g. the Criminal Code of Canada); and

• Collection of electronic addresses by the use of computer programs or the use of such addresses, without permission, a practice known as address harvesting.

The federal government has set up a website, www.fightspam.gc.ca. This site posts information about spam and other electronic threats, including definitions, frequently asked questions about the law, and tips for protecting your computer and e-mail accounts.

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