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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: Spam

Posted in International/EU Privacy

New Canadian Anti-Spam Legislation Requirements Become Effective in Less Than Two Weeks

Canada’s new anti-spam law was passed in December 2010, and certain provisions will become effective 1 July 2014 — including new consent requirements for e-mails and certain other electronic messages. As of 1 July 2014, an organization must have consent to send commercial electronic messages to an email account, telephone account or instant messaging account. In addition, CEMs must include certain identification information and an unsubscribe mechanism. The law applies to messages whenever a computer system located in Canada is used to send or access the CEM. Certain exemptions and transition periods also apply.

Posted in Consumer Privacy

CAN-SPAM Held to Apply to Social Media Messaging

On March 28, 2011, the U.S. District Court for the Northern District of California held, in Facebook, Inc. v. MAXBOUNTY, Inc., case no. CV-10-4712-JF, that messages sent by Facebook users to their Facebook friends’ walls, news feeds or home pages are “electronic mail messages” under the CAN-SPAM Act. The court, in denying the defendant MAXBOUNTY’s motion to dismiss, rejected that CAN-SPAM applies only to traditional e-mail as it is commonly understood. The ruling is the most expansive judicial interpretation to date of the types of messages falling within the purview of the CAN-SPAM Act. The court did not reach or otherwise address the underlying merits of the CAN-SPAM claims.