After nearly a decade of consultations, Bill C-28, known as Canada's Anti-Spam Legislation ('CASL'), is being phased into full effect by 2017. CASL is a new federal consumer protection law that was passed in December 2010, aimed at curbing spam and regulating electronic communications. The intent of the legislation is to create a more secure online environment by prohibiting harmful spam and other online threats, such as malware, spy-ware, phishing scams, botnets, installation of malicious computer code and network rerouting. The anti-spam provisions of the Act came into force on 1st July 2014, and are considered to be the toughest in the world. The provisions determine that any electronic message sent for a commercial purpose without conforming to the newly prescribed messaging requirements could be deemed as spam, attracting hefty fines and penalties, and potential law suits when the private right of action is enforced starting in 2017.
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