Fighting Internet and Wireless Spam Act
Bill C-28, the Fighting Internet and Wireless Spam Act (FISA), is Canada's anti-spam legislation that received Royal Assent on December 15, 2010. The bill replaced Bill C-27, the Electronic Commerce Protection Act (ECPA), which was passed by the House of Commons, but died due to the prorogation of the second session of the 40th Canadian Parliament on December 30, 2009. The Act is not currently in force, and is awaiting final regulations. Continued pressure from marketing lobby groups has led some to speculate that the Act may be abandoned before it takes effect.
The Act will apply to "all communications sent by Canadian companies, to Canadian companies or messages simply routed through Canadian servers". This includes personalised communications such as email or SMS messages delivering any form of communication, such as text, images, voice or sounds, or technologies not yet available.
The Act requires that marketers may only send email to individuals who opt into receiving them. Such consent may be implicit, such as by engaging in a transaction with a company, or by virtue of having one's telephone number or email address listed in a public directory. It is mandatory for senders to enable recipients to opt out of receiving messages. Records collected by marketers via implied consent have a time limit.
An email address is considered private information per PIPEDA, so its use is prohibited if consent has not been granted by the owner of the address. The sender must be able to prove that consent was granted.
The law is enforced by three organizations: the Competition Bureau, the Canadian Radio-television and Telecommunications Commission (CRTC) and the Office of the Privacy Commissioner. It includes a "private right of action that will allow Canadian consumers and businesses to take civil action against those who violate the legislation". The CRTC may levy fines of up to $1 million for an individual or $10 million for a business that contravenes the Act. Each violation will result in a fine.
The Act has been criticised by some, such as by David Poellhuber who says "It’s not going to change the spam you and I receive in our inboxes" because about 70 per cent of spam originates from botnets operating in other countries, notably Brazil, Russia, and the United States.
- "C-28: 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". House Government Bill, LEGISinfo. Parliament of Canada. Retrieved 2012-02-24.
- Ouellette, Michael (August 18, 2011). "The next small business time bomb: Bill C-28". Canadian Manufacturing, Business Information Group. Retrieved 2012-02-24.
- Lam, Yvonne (April 15, 2011). "How Canada's Fighting Internet and Wireless Spam Act (FISA -- Bill C-28) affects marketers and businesses". International Self-Counsel Press. Retrieved 2012-02-24.
- "Bill C-28: Canada's Anti-Spam Law Receives Royal Assent". Competition Bureau, Government of Canada. Retrieved 2012-02-24.
- Webb, Dave (December 16, 2010). "Bill C-28 and your inbox". ITWorldCanada. Retrieved 2012-02-24.
- Androich, Alicia (February 9, 2012). "Bill C-28: A Fine Line". Marketing magazine, Rogers Publishing Limited. Retrieved 2012-02-24.
- "Bill C-28/Canada's Anti-Spam Legislation: Timeline & FAQ". Inbox Marketer. January 22, 2012. Retrieved 2012-02-24.
- Geist, Michael. "Is the Government About to Can Its Own Anti-Spam Law?". Michael Geist. Retrieved 28 June 2013.
- Inbox Marketer
- Lam: "Canada’s law is also broader in that it covers all personalized electronic messages, whether emails, SMS (text) messages, or any other electronic technologies which may be in use in the future."
- Lam: "If a person or business’s address or phone number has been “conspicuously published or disclosed” and there’s no statement saying that the recipient doesn’t want unsolicited commercial messages, that also counts as implied consent. The messages sent do have to be deemed relevant to the recipient, however."
- Androich: One element of Bill C-28 that appears inevitable, says Belton, is that there will be time limits associated with implied consent records.
- Competition Bureau
- Competition Bureau
- Androich: "Senders that violate the law face fierce fines: up to $10 million for an organization and up to $1 million for an individual. The penalties will be imposed per violation and sometimes will even be treated separately for each day the law is violated."