Evidence of meeting #76 for Industry, Science and Technology in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was casl.
A recording is available from Parliament.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
You also touched on something else. You mentioned online advertising like Facebook. If I'm on Facebook, I get ads coming up. I didn't understand what your point was there.
Counsel, Interactive Advertising Bureau of Canada, As an Individual
CASL applies to the sending of commercial electronic messages to electronic addresses. The definition of electronic addresses expressly contemplates email accounts and instant messaging accounts and telephone accounts.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
If I go on Facebook, it knows where I've been and what I'm up to, and it messages me. It displays—
Counsel, Interactive Advertising Bureau of Canada, As an Individual
It's a display, yes; it's not sent. It's completely outside the ambit of the legislation.
Counsel, Interactive Advertising Bureau of Canada, As an Individual
There were comments unfortunately made by the CRTC and in the RIAS statement by what was then Industry Canada about the potential application to IP addresses, which is not, in our view, there, and you cannot have this legislative scheme apply.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
It doesn't apply, but you're concerned that we might try to apply it?
Counsel, Interactive Advertising Bureau of Canada, As an Individual
We need scope of clarity.
Counsel, Interactive Advertising Bureau of Canada, As an Individual
It was a similar point made—
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
Theoretically, right now, we could include the IP address as an email address. Is that my personal address?
Counsel, Interactive Advertising Bureau of Canada, As an Individual
That would be devastatingly bad, yes.
Liberal
Counsel, Interactive Advertising Bureau of Canada, As an Individual
Well, it wasn't unclear until statements were made by the CRTC and in the RIAS about the potential concept of electronic addresses applying to IP addresses. That's totally outside the scope of this.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
It was just something that came up like electronic addresses applying to IP addresses, but it's not actually in the legislation right now.
Liberal
Counsel, Interactive Advertising Bureau of Canada, As an Individual
That's right, 100% correct.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
Understood.
We heard about implied consent, and, Mr. Messer, you also touched on that. A lot of software within the Internet of things, but there's no way for me to go in and say I consent. Things are happening.
If we were to tackle what Mr. Fekete is suggesting vis-à-vis programs, would that take away the concern you have with regard to implied consent, in terms of updating, and the Internet of things, and all of those kinds of things that have to happen? There's nowhere I get a flashing light that says, “Hey, do you agree to do something?”
Vice-President, Policy, Information Technology Association of Canada
Yes. On a number of Internet of things-types of devices, implied consent is really the only way.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
If we were to write the computer programming legislation specifically tackling malware and spyware, would we still need to write something about implied consent, or would that deal with the issue?
Vice-President, Policy, Information Technology Association of Canada
Implied consent as a principle would be good to put in the legislation more generally, as it is in PIPEDA, because having it will make the legislation more flexible and more nimble. The CRTC will be able to issue guidance, and companies will be able to ask questions.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
Even if we narrow the electronic messaging and the computer, we should still consider implied consent, because we don't know what's coming down the pipe. There might be areas in which we need to have implied consent so that things can go along.
Vice-President, Policy, Information Technology Association of Canada
Exactly. It will provide more flexibility. It will make it easier for companies to ask questions, and to learn from each other.
Liberal
