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Industry committee  With respect to problems, here are two that I think highlight why in fact Bill C-27 does a pretty good job of dealing with these issues. The first problem is on this issue of whether it's opt-in or opt-out. I'm a strong supporter of our move towards an opt-in model here. As I thi

June 11th, 2009Committee meeting

Prof. Michael Geist

Industry committee  There's no attempt to fix anything within the do-not-call list in this legislation. It's merely to say that at some point in time we almost have this poison pill where we can stop the do-not-call list and replace it with the ECPA. I would say that if the decision to stick with t

June 11th, 2009Committee meeting

Prof. Michael Geist

Industry committee  I'm loath to read into what exactly the full thought process was in terms of making that choice, although I might guess that it is, admittedly, early days. The do-not-call list has only been up for a year, although I think there's enough evidence to suggest that changes are neede

June 11th, 2009Committee meeting

Prof. Michael Geist

Industry committee  No, I was thinking of a legislative review. I do think that is obviously necessary. Reporting requirements to get a sense of how effective this legislation is on a regular basis and what we're doing internationally are the sorts of things I think we ought to be doing, and they su

June 11th, 2009Committee meeting

Prof. Michael Geist

Industry committee  Right. At the time the person has made that purchase.... We all fill out these cards all the time for production information and the like. But all they have to do, any time they're obtaining that information in the first place, is to obtain consent. If they've never obtained my p

June 11th, 2009Committee meeting

Prof. Michael Geist

Industry committee  I must say that's the first time I've heard that particular complaint. I believe there is an exception for law enforcement. If there isn't an exception for law enforcement dealing with that, then there ought to be.

June 11th, 2009Committee meeting

Prof. Michael Geist

Industry committee  It's not, and it's not a problem under this bill. If I purchase a car seat for my daughter and send in the warranty card and give them consent to send me regular updates, as I no doubt would, because I'm going to be concerned about the prospect of safety recalls, then they can co

June 11th, 2009Committee meeting

Prof. Michael Geist

Industry committee  I'm saying that if it is outside the 18 months and the consumer didn't give consent for that warranty information to be sent to them, then I suppose, yes, it might be.

June 11th, 2009Committee meeting

Prof. Michael Geist

Industry committee  Well, if they didn't fill it out, I'm not sure how the business would contact the individual.

June 11th, 2009Committee meeting

Prof. Michael Geist

Industry committee  As I mentioned to one of your colleagues, there is an exception for charities. So if you're registered, I think it's section--

June 11th, 2009Committee meeting

Prof. Michael Geist

Industry committee  Right. I think if the gist of the overall message is that it's coming from a university, let's say, which is a registered charity, and within it there's an opportunity to get a university-branded credit card, or something like that—which we often see—I think it would still be per

June 11th, 2009Committee meeting

Prof. Michael Geist

Industry committee  If we're talking about business-to-business, it's excluded.

June 11th, 2009Committee meeting

Prof. Michael Geist

Industry committee  If you're talking about business-to-consumer, then, yes, exclude it.

June 11th, 2009Committee meeting

Prof. Michael Geist

Industry committee  If it's strictly a commercial message and it falls outside of this exception, so we're dealing with something that's clearly commercial, then you have to obtain consent.

June 11th, 2009Committee meeting

Prof. Michael Geist

Industry committee  I'll take 15 seconds just to supplement that. The issue of cookies has come up in discussion, not so much as to whether it's spam but as to whether it's a computer program that's being inserted on someone's personal computer. I think the consensus is that it is not. If you take

June 11th, 2009Committee meeting

Prof. Michael Geist