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Industry committee  One commercial electronic message.

November 2nd, 2010Committee meeting

André Leduc

Industry committee  I know we've said it at committee before, but the Americans are the last remnants of the opt-out regime; everybody else in the world has gone opt-in. Basically it's a “you can spam” act. It permits spamming, ultimately. The marketing lobby in the United States was successful. T

November 2nd, 2010Committee meeting

André Leduc

Industry committee  Jurisdictions have moved, yes. On first look, it seemed that the opt-out might work. It created too large of a loophole, so countries then migrated to an opt-in regime.

November 2nd, 2010Committee meeting

André Leduc

Industry committee  The 10-day deadline was set for withdrawing a person's consent with regard to an activity mentioned in clauses 7, 8 or 9. The process by which a person's consent is withdrawn is often automated. It could be someone requesting that their name be removed from a marketing list, whic

November 2nd, 2010Committee meeting

André Leduc

Industry committee  I think the CRTC could make a change to the Telecommunications Act. As mentioned earlier, there are a lot of similarities between the two pieces of legislation. The only difference being that one is an opt-in and the other, the do not call list, is an opt-out.

October 26th, 2009Committee meeting

André Leduc

Industry committee  No, you are not wrong. Yes, right now, the list is doing what it is supposed to and works very well.

October 26th, 2009Committee meeting

André Leduc

Industry committee  I think we have been very clear so far. The intention is not to do away with it straightaway. We run the risk of being caught unprepared if the list ever becomes inadequate for technological reasons. There will be nothing to protect Canadians from that.

October 26th, 2009Committee meeting

André Leduc

Industry committee  The point of these sections is to be somewhat of a backdrop or safety net to the current “do not call” list, which is hosted by a private company. These cannot simply come into force overnight. As Philip mentioned, they will require some consultation, but we feel it wise to inclu

October 26th, 2009Committee meeting

André Leduc

Industry committee  Yes. I think a private company would be able to have enough evidence, if they have the electronic address information. They would be able to identify the fact that this is a Canadian using a Rogers, Bell, or TSP account. They can note where the account is being held and can seek

October 26th, 2009Committee meeting

André Leduc

Industry committee  No, an order...for a private company to get personal information on a Canadian, after having identified one.

October 26th, 2009Committee meeting

André Leduc

October 26th, 2009Committee meeting

André Leduc

Industry committee  For the entire section, law enforcement can then pick up the investigation. So there is a full kind of blanket permission in this area for law enforcement or any activity subsequent to a warrant or a court order. If you can get the information that can identify the e-address as

October 26th, 2009Committee meeting

André Leduc

Industry committee  An order from a provincial court in Canada.

October 26th, 2009Committee meeting

André Leduc

Industry committee  To date we haven't tied any of the prohibitions in any of the other sections, such as part 2 of PIPEDA, or the Competition Act, to the front-end sections of ECPA, and there is a clear rationale for doing so. This limitation seems to be somewhat extreme and would limit these PIPED

October 26th, 2009Committee meeting

André Leduc

Industry committee  Under proposed subsection 7.1(2), we felt comfortable providing those allowances to private companies with regard to collecting that level, which is what we would consider a significantly lower level of personal information, being electronic addresses, when they're not tied to ot

October 26th, 2009Committee meeting

André Leduc