Tired with the continuous inflow of spam in email and short message services, the Canadian Anti Spam Legislation (CASL) was introduced first in 2010 but the law has certain loopholes which need to be corrected to give it more power and rein in persistent spammers. The CASL prohibits companies and individuals from sending out damaging spam, spyware, botnets and other malicious content to others and makes it a punishable offense.
Complaint of businesses against CASL – As a regular business house we went to great lengths to make sure our website and email marketing complied with the new Canadian Anti Spam Legislation. We need to obtain consent from consumers before we send them content advertising our services and products. Though we are in agreement with the efforts to reduce the spam we see and send out mails only to people who sign up with us we continue to receive junk emails and spam in our in-box. This would imply that the ones sending the spam are not bound by the CASL. There should be some incentive for law abiding companies which comply with CASL while many others can continue un-affected, just dropping messages in our in-box without concern.
Stress on stronger CASL law – All compliant businesses now want the law to be strong enough to force everyone in the nation to accept it and desist from sending out unsolicited commercial messages to emails and phone numbers collected from the internet and other illegal means.
Flaws in existing CASL law
Spam from third parties – According to existing law, companies can send emails based on third party referrals even though the receiver has not specifically asked for that information.
Personal relationship – Companies that have a personal relationship with receiver can also send commercial messages which are not considered illegal.
Political and social donations – Charitable organizations and political parties or individual candidates can send out commercial messages requesting donations from the general public and private firms, and solicit them directly as it is permissible under government acts.
The biggest problem with existing CASL in its present form is that the law is applicable only for companies that are based in Canada and not on overseas or 'offshore' firms. These flaws help some spammers to continue with their business through their contacts in social network sites, the law also needs some ‘teeth’ added to it to effectively put an end to spammers outside the national boundaries of Canada.
What do you think about the CASL?
Add your thoughts below in the comments section.
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