Mr. Speaker, I am pleased to participate in today's debate on second reading of Bill C-28, Fighting Internet and Wireless Spam Act, or FIWSA.
The online marketplace represents a major segment of Canada's economy, with some $62.7 billion in sales in 2007. That same year, the Information Society Index report published by the International Data Corporation projected that worldwide electronic commerce would exceed $9.6 trillion by 2010.
We have now reached the year projected by the Information Society Index and we must think in terms of a digital economy that will soon surpass $10 trillion in revenue. Let me put this in context. That is over six times the size of the Canadian economy and it continues to grow. Those economies that do not tap into the phenomenal growth of online commerce will miss out on opportunities for prosperity and quality of life in the 21st century.
While the digital economy is growing, so also grow the threats that can undermine it. In 2009, the annual security report released by MessageLabs Intelligence estimated that nearly 90% of worldwide email traffic was spam. These unsolicited commercial electronic messages impose costs on consumers and businesses. They tie up bandwidth, they tie up time, and when they contain malware they impose real threats on consumer confidence in the digital economy.
Canada is one of only four countries in the OECD that does not have laws governing spam. We are the only country in the G7 not to have regulations fighting the problems associated with spam, but we are about to change that. In fact, with this bill, Canada will move from laggard to leader. We will be at the forefront of global efforts to fight spam and related online problems.
The bill before us addresses unsolicited commercial electronic messages as well as installation of malware and interference with electronic transmissions. It contains safeguards for consumers and businesses against illegitimate electronic marketing practices. This bill takes a multi-faceted approach to protect consumers and businesses. It implements a clear regulatory enforcement regime that is consistent with international best practices.
When passed into law, this bill would be enforced by three organizations.
First, the Canadian Radio-television and Telecommunications Commission, the CRTC, would be able to investigate and take action against the sending of unsolicited commercial electronic messages, the altering of transmission data and the installation of computer programs on computer systems and networks without consent.
The second organization tasked with enforcing this bill is the Competition Bureau, which would address deceptive practices and representations online. This includes false or misleading headers and website content.
Finally, the Office of the Privacy Commissioner would be able to take measures against the unauthorized collection of personal information by access to a computer found to be contrary to an act of Parliament and the unauthorized compiling or supplying of lists of electronic addresses.
Further, both the CRTC and the Competition Tribunal would be given authority to impose administrative monetary penalties, or AMPS, on those who violate the respective provisions of this bill.
These AMPS are significant. The CRTC would be able to impose fines of up to $1 million per violation for individuals and $10 million for businesses. The Competition Bureau would apply to the Competition Tribunal to seek AMPS under the current regime in the Competition Act. That regime allows for penalties of up to $750,000 for individuals, with $1 million for subsequent violations, and up to $10 million for businesses, with $15 million for subsequent violations.
When it comes to stopping spam through these kinds of penalties it is clear that these government agencies will have very sharp teeth. Indeed, where penalties of this nature have been applied in other countries, the amount of spam originating from those countries dropped significantly.
The point I would like to emphasize is that we do not need to turn to police forces to put a stop to spam and other related online problems. We can very effectively use the existing specialized agencies.
The Office of the Privacy Commissioner would use its existing tools and enforcement framework to enforce the provisions of this legislation. The Privacy Commissioner's powers to cooperate and exchange information with her international counterparts under the Personal Information Protection and Electronic Documents Act would be expanded. The enforcement bodies would be able to share information and evidence with their international colleagues so that together international partners would be able to pursue spammers.
In addition to the work of the three regulatory agencies, businesses and individuals would do their part to put an end to spam and related online nuisances. Under this bill, they would have the private right of action against those who have violated the law.
Finally, let me say a few words about the importance of education and awareness to ensuring that individuals and businesses take the right steps to combat spam. In support of this bill, the government will promote education and awareness through the efforts of a national coordinating body.
We will also create a spam reporting centre, which consumers and businesses may contact to report spam and related threats. The spam reporting centre would collect evidence and gather intelligence to help the three enforcement agencies with their investigations. Also, the spam reporting centre would track and analyze statistics and trends in spam and other related online threats.
To conclude, Bill C-28 would make Canada a world leader in anti-spam legislation by providing a more secure online environment for both consumers and businesses. I hope that the House will move quickly to send this bill through the system. I urge hon. members from all parties to join me in supporting it.