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Industry committee  The United States has also been consulted, and that is where we got the notion for the private right of action.

June 9th, 2009Committee meeting

Helen McDonald

Industry committee  We looked at New Zealand and Australia; yes, absolutely.

June 9th, 2009Committee meeting

Helen McDonald

Industry committee  With this law we are very much trying to build on the existing mandates and competencies of these three agencies. Therefore, you could look at the CRTC as the major organization charged with stopping the spread of spam and the use of spyware. When we look at the other two agenc

June 9th, 2009Committee meeting

Helen McDonald

Industry committee  In his remarks, I think the minister pointed to why the do-not-call list should continue. It's a fairly new regime. It's still finding its feet, and we believe it can be effective. You are talking or are worried about other spam, but telemarketing usually refers to a voice-to-vo

June 9th, 2009Committee meeting

Helen McDonald

Industry committee  There are concerns around the consent regime. People ask if we have the balance right and how implied consent would be considered. As the minister said, you don't want to open the door too broadly. Therefore, we've tried to strike a balance to ensure that a pre-existing busines

June 9th, 2009Committee meeting

Helen McDonald

Industry committee  I'm going to ask Richard to answer that, given his greater experience in putting this together, but also because he interacts more closely with other countries with similar regimes.

June 9th, 2009Committee meeting

Helen McDonald

Industry committee  It's clearly written as express consent for program modifications.

June 9th, 2009Committee meeting

Helen McDonald

Industry committee  No, I haven't said that. I'm simply saying that the spam itself allows for implied and express consent. The modification of your computer program requires express consent the way it's written now. It does it kind of program by program; I imagine there are easily ways in your cont

June 9th, 2009Committee meeting

Helen McDonald

Industry committee  There's a provision for business-to-business e-mail--

June 9th, 2009Committee meeting

Helen McDonald

June 9th, 2009Committee meeting

Helen McDonald

Industry committee  I'm just trying to be precise here. The two-way voice communications is the carve-out we've made to keep the do-not-call list whole. I'm not familiar enough with what a ghost call is. Would that be a computer-generated call?

June 9th, 2009Committee meeting

Helen McDonald

Industry committee  We've had the clarification. The ghost call would be covered under the do-not-call list.

June 9th, 2009Committee meeting

Helen McDonald

Industry committee  I'm sure there are many ways in which the real estate agent on this particular issue could express it or make it known through a friend. We're talking more about the mass sending of the kind of e-mail that—

June 9th, 2009Committee meeting

Helen McDonald

Industry committee  I don't think we've quite worked out the precise example, not being at the meeting, of how they positioned this—whether there was an implied consent like “I know a real estate agent; if you like, he can call.”

June 9th, 2009Committee meeting

Helen McDonald

Industry committee  We're looking at that wording ourselves because we're also hearing from some groups asking if that would capture the security upgrades and so on. So we're looking at that, but I think, depending on the witnesses you're calling before committee, they may also be probing into that.

June 9th, 2009Committee meeting

Helen McDonald