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Industry committee Yes.
June 18th, 2009Committee meeting
Konrad W. von Finckenstein
Industry committee Not at all. We never have had that, and we never will, because it gives the agencies the wrong incentive. It basically suggests that the more you convict, the more money you're going to have, and that's wrong. You want to make sure that the person who has the power acts objectively in view of the result to be obtained and this has absolutely no direct effect--
June 18th, 2009Committee meeting
Konrad W. von Finckenstein
Industry committee Well, the party affected can themselves sue. As I mentioned in my opening remarks, there is a private right of action. If you've suffered and you sue, whatever you recover is yours. But you have to prove the damages, of course.
June 18th, 2009Committee meeting
Konrad W. von Finckenstein
Industry committee No. First of all, it's “up to”, right? As I mentioned, really, like any other enforcement agency, you have a continuum of enforcement, and you go to the maximum only in the most egregious cases where you really want to set an example. Secondly, the way the process works is the examination by one part of the organization and then a decision to proceed with actually a levying of an AMP, of suggesting an AMP.
June 18th, 2009Committee meeting
Konrad W. von Finckenstein
Industry committee That's correct. It's an appeal. Where there is an appeal from an administrative tribunal to the Federal Court of Appeal, the standard is 30 days.
June 18th, 2009Committee meeting
Konrad W. von Finckenstein
Industry committee Absolutely.
June 18th, 2009Committee meeting
Konrad W. von Finckenstein
Industry committee There are several points. First of all, I want to make sure it has maximum efficiency. We live in North America. We have an integrated economy. That's a fact. We have to deal with it. That's why I want to be able to exchange this information across the border. Second, with respect to the information that we exchange specifically, we don't have to do it, we just have the power to do it.
June 18th, 2009Committee meeting
Konrad W. von Finckenstein
Industry committee You're now making allegations about the U.S. legislation. You may very well be right; I am not an expert on U.S. legislation. This is given by us pursuant to the legislation. The legislation makes it quite clear that it can be used for this purpose and for this purpose alone.
June 18th, 2009Committee meeting
Konrad W. von Finckenstein
Industry committee I think you have to look at it in context. You're talking about commercial spamming, right?
June 18th, 2009Committee meeting
Konrad W. von Finckenstein
Industry committee Why do they do that? It's in order to sell something. In order for them to sell something, it has to be something that people want to buy. If you're in São Tomé, as you suggest, in spam, and if you provide for delivery from Canada, we can go after the people on whose behalf it is done.
June 18th, 2009Committee meeting
Konrad W. von Finckenstein
Industry committee The act deals with commercial e-mails. What you're describing is a volunteer charitable organization, I assume.
June 18th, 2009Committee meeting
Konrad W. von Finckenstein
Industry committee If you worked for them and performed for them, obviously you support that organization; you're interested in it. That serves the equivalent of having a formal or personal relationship. You can receive that and everything. If for some reason you don't like it anymore, etc., there has to be an unsubscribe provision; you can click on that and it will stop.
June 18th, 2009Committee meeting
Konrad W. von Finckenstein
Industry committee Go ahead, Len. Why don't you answer?
June 18th, 2009Committee meeting
Konrad W. von Finckenstein
Industry committee This is there to qualify whether people can send it to you or not. Once they qualify, they are there until such time as you tell them not to send anymore.
June 18th, 2009Committee meeting
Konrad W. von Finckenstein
Industry committee If right now you are receiving messages from them because you were involved with them, let's say, two years ago, then it seems to me that yes, they would qualify. If you don't want it, you push the unsubscribe button and you won't get anymore.
June 18th, 2009Committee meeting
Konrad W. von Finckenstein