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Industry committee The only thing I'd add is that we have over a million complaints that have been submitted by email. They are not validated. We don't know that every one of those is an actual CASL violation. We look at trends; we look at the scope. Obviously, if we're getting a thousand complaint
November 9th, 2017Committee meeting
Neil Barratt
Industry committee We haven't completed a case in that area. We are looking at other platforms. We receive complaints via SMS, as one example, and other messaging services in the SRC. It's something we look at. It goes into the same case-selection approach as—
November 9th, 2017Committee meeting
Neil Barratt
Industry committee We track the number of warning letters that we issue, and obviously, the number of undertakings we enter into or notices of violation that we issue. Do we track every time we have a conversation or a back-and-forth with a company about compliance? Maybe we do it a little bit less
November 9th, 2017Committee meeting
Neil Barratt
Industry committee Am I allowed to say “no comment” on that?
November 9th, 2017Committee meeting
Neil Barratt
Industry committee I don't have the details specifically for that one, but you are right that they take a lot of time and can often require several investigators to be involved at the same time. In general terms, an investigation is going to start with the intelligence we have in the spam reportin
November 9th, 2017Committee meeting
Neil Barratt
Industry committee Yes. As we get closer to cases of malware and things of that nature, that's only going to increase the complexity and the amount of effort and resources going into the investigations.
November 9th, 2017Committee meeting
Neil Barratt
Industry committee I currently have about 12 investigators.
November 9th, 2017Committee meeting
Neil Barratt
Industry committee As we said earlier, we're not always going to send a company a warning letter to tell them that we see complaints about their situation, but in the course of an investigation we're going to be collecting records from any company we're looking at, asking them for compliance detail
November 9th, 2017Committee meeting
Neil Barratt
Industry committee I would say that having that mandatorily or written into the law would greatly limit our discretion and our ability to adjust to the facts of a given case. As you said, every case is going to be different. If we have to start with a warning letter, then that would limit our abili
November 9th, 2017Committee meeting
Neil Barratt
Industry committee I don't think our enforcement actions bear that out. We've taken actions against individuals operating businesses out of their homes, against very small businesses, and of course against very large businesses like Rogers or Porter Airlines. I think we have to be able to respond t
November 9th, 2017Committee meeting
Neil Barratt
Industry committee I think mostly what we've seen is companies that haven't paid adequate attention to the rules that are in place currently. They haven't done a good job of reviewing the consent rules and ensuring that their email lists meet that test. Also maybe they haven't always done as great
November 9th, 2017Committee meeting
Neil Barratt
Industry committee With our activities we're trying to tackle several things at once. As you know, CASL includes not only regular commercial emails. It also includes the installation of software programs and the alteration of transmission data. So we're trying to—
November 9th, 2017Committee meeting
Neil Barratt
Industry committee Yes, and we're looking at how we can tackle those malicious actors, the illegitimate side of the business, but also create a level playing field among legitimate businesses.
November 9th, 2017Committee meeting
Neil Barratt
Industry committee I'll give you one example. We completed a case last year, which was a widespread fraudulent activity in the coupons business. These individuals, these companies, were selling coupons to Canadians and Americans. Without actually having had a relationship with the business, they we
November 9th, 2017Committee meeting
Neil Barratt
Industry committee I would suggest that it would be difficult to ensure that you could respond to every situation with mandated enforcement actions.
November 9th, 2017Committee meeting
Neil Barratt