Mr. Speaker, I am pleased to rise in my place today to speak to Bill C-28, a bill that passed second reading as the fighting Internet and wireless spam act, or FISA. With this legislation, we would be providing Canadian consumers and businesses with a regulatory and legal regime that would help drive spammers out of Canada but permit legitimate online commerce.
Hon. members will recall that Bill C-28 recently received support from all sides of the House. In fact, several members pointed out the importance of passing this bill quickly. Indeed, we have been working for some time now to produce and implement legislation to reduce spam and related online threats that discourage the use of electronic commerce and undermine privacy.
The origins of this bill, after all, go back to the work of the task force on spam. The task force recommended that strong action be taken against unsolicited commercial emails, as it recognized that spam was becoming more than just a nuisance. It has become the means by which viruses, trojans and worms are spread through the Internet and it undermines confidence in the digital economy.
The task force made its recommendations, and Industry Canada followed up with its own consultations. In the last Parliament, Bill C-27, the electronic commerce protection act, or ECPA, was introduced in April 2009. The House unanimously passed Bill C-27 at third reading last November and it was sent to the other place on December 1, 2009.
The fundamentals of the former Bill C-27 and this Bill C-28 remain the same. With the new parliamentary session, Industry Canada took the opportunity to fine-tune some of the features of the bill before reintroducing it as Bill C-28. For example, given the more focused consent regime in the bill, it was necessary to make it clear that Bill C-28 takes precedence over the Personal Information Protection and Electronic Documents Act with respect to consent.
In review by the Standing Committee on Industry, Science and Technology, all parties stood behind the principles of this bill and there was good discussion about how some of these principles would be applied. For example, realtors and other businesses would need to change some business practices with respect to third party referrals as a result of requirements for consent in Bill C-28.
Committee members also expressed concern that the government allocate sufficient resources to administer the new rules. As hon. members will recall, the CRTC, the Competition Bureau and the Privacy Commissioner will all have their respective roles in combatting the effects of spam and related online threats. These three enforcement agencies would be able to collaborate with each other and their international counterparts as a result of this bill.
The government has committed that all three agencies will receive additional funding and personnel to fulfill this role. In addition, Industry Canada will establish a spam reporting centre and support the Office of Consumer Affairs at Industry Canada in providing resources for education and awareness.
When it came time to go through the clause-by-clause study, every clause but one was passed by the committee. As per the report from the Standing Committee on Industry, Science and Technology, clauses 2 through 92 were carried. Clause 1 was defeated. It would seem that there was unanimous consent in the committee and I believe in the House on the importance of this bill and the effect it would have on countering Internet and wireless spam and related online threats.
However, where the committee could not find its way to agree was on the short title of the bill. As outlined in clause 1, the short title of Bill C-28 is the “Fighting Internet and Wireless Spam Act”. The name was intended to reflect the concern that cellphone and other wireless spam has joined Internet spam as a source of malicious infections that undermine consumer confidence in the digital economy.
The government does not believe the short title of the bill should impede the progress of a much needed law. Canadians have waited a long time for legislation that would give spammers nowhere to hide in Canada. In the interest of having this bill move quickly through the House and on to the other place, we will support changing the short title of the bill to the name by which it was known under Bill C-27 in the last session.
The short title of the bill has been restored to what it was in the last session of this Parliament when Bill C-27 had succeeded in making its way through the House and to the other place but died on the order paper when Parliament was prorogued last December.
The change to the short title in clause 1 of the bill was the only change requested by the Standing Committee on Industry, Science and Technology. Clauses 2 to 92 remain the same. So we now call the bill the electronic commerce protection act, ECPA for short.
The fact that clauses 2 through 92 passed through the clause-by-clause study without amendment indicates the wide support this bill has from all parties in this House. In fact members from both sides of the House are eager to see this bill pass into law so that we can help eliminate spam and related threats from the Internet and from cell phones.
This bill is about reducing spam and related online threats that discourage the use of electronic commerce and undermine privacy. The Internet has become a powerful medium for communication in the economy, but it has also become more vulnerable with the rapid growth and increasing sophistication of spam and other online threats.
Unsolicited commercial email can carry associated threats like malware, spyware, phishing and various viruses, worms and Trojans. In fact the hon. member for Davenport pointed out during second reading that the Kroll Global Fraud Report maintains that cyber theft has overtaken physical theft as a criminal act.
The Government of Canada is committed to the passage of this bill. Over the past years, it has worked both with the industry committee and in the House to create effective anti-spam legislation as a critical element of Canada's digital economy. The goal has been to make Canada a leader in anti-spam legislation by providing a more secure online environment for both consumers and businesses.
Under the bill before us, the CRTC would be responsible for enforcing the no-spam provisions, the violations involving the alterations of transmission data in an electronic message, and prohibitions against installing software or causing it to be installed without consent.
The Competition Bureau would extend its powers under the Competition Act to prevent misleading and deceptive online practices. The bill contains amendments to the Personal Information Protection and Electronic Documents Act that would enable the office of the Privacy Commissioner to take measures against the unauthorized collection of personal information through hacking or illicit trading of lists of electronic addresses.
The bill before us would create an effective regulatory regime that would permit legitimate online commerce while protecting consumers and businesses through rigorous safeguards. It would provide powers to the CRTC and the Competition Bureau to administer administrative monetary penalties for those who violate the law. It also proposes a private right of action, which would allow individuals and businesses to take civil action against those who violate the law.
The end result would be to promote consumer confidence in online commerce, by protecting both consumers and Canadian businesses from unwanted spam and related online threats.
We saw one recent example of the power of the right of private action when a California court rendered a judgment against a Montreal-based Internet marketer. The marketer had posted spam messages on Facebook. This judgment was recently upheld by the Quebec Superior Court, which ordered the marketer to pay Facebook more than $1 billion in fines. It is unlikely the marketer will ever be able to pay the fine, but the judgment certainly sent a powerful signal to spammers.
During the debate at second reading, the hon. member for Bonavista—Gander—Grand Falls—Windsor reminded us that fighting spam is not the responsibility only of the designated enforcement agencies but is also the responsibility of businesses, citizens and all members of society writ large. I believe the Facebook judgment demonstrates how businesses are ready to take action against spammers.
The bill before us is part of a wider government strategy to build consumer confidence and put Canada at the forefront of the digital economy.
Last May, the hon. Minister of Industry launched a nationwide consultation on the digital economy. Industry Canada has been evaluating the input and advice, and the minister has indicated he will make further announcements in the coming weeks and months on steps we will take to put Canada at the forefront of digital economy.
We can reduce spam and related online threats through a concerted, co-operative approach involving the public sector and the private sector. We will continue to work closely with our domestic and international partners to address threats to online commerce.
I urge hon. members to join me in supporting Bill C-28.