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Industry committee  I would say that the CRTC is the right body, but to some extent it is hamstrung by the legislation itself and the regulations, because it doesn't have a whole lot of flexibility in some cases because they are so prescriptive. The other piece that's missing is that the CRTC hasn'

October 17th, 2017Committee meeting

David Messer

Industry committee  As I mentioned previously, we would say the private right of action should be targeted toward the companies that bear the costs of spam and allow them to partner with CRTC in enforcement. Often the networks' email providers can tell you who the bad spammers are. They are the one

October 17th, 2017Committee meeting

David Messer

Industry committee  Certainly. When you look at PIPEDA, businesses can look at it and figure out whether or not they are in compliance. They usually don't have to hire a lawyer to do that, and they have a relationship with the Privacy Commissioner, to whom they can reach out. It's much more of a par

October 17th, 2017Committee meeting

David Messer

Industry committee  Yes. A principles-based approach will give companies a little more confidence that they are leaning this way or that way, so they'll be able to have confidence in their decision and then develop a history and guidance to help them. For instance, if you use a hashtag in a transact

October 17th, 2017Committee meeting

David Messer

Industry committee  I think the first point is that we need to simplify the law. We need to make more clear what it applies to and to make it more flexible and adaptive, so that you can explain it to a business and they'll understand it and say, “Oh, this what I need to do to comply.” As people on

October 17th, 2017Committee meeting

David Messer

Industry committee  Yes. On a number of Internet of things-types of devices, implied consent is really the only way.

October 17th, 2017Committee meeting

David Messer

Industry committee  Implied consent as a principle would be good to put in the legislation more generally, as it is in PIPEDA, because having it will make the legislation more flexible and more nimble. The CRTC will be able to issue guidance, and companies will be able to ask questions.

October 17th, 2017Committee meeting

David Messer

Industry committee  Exactly. It will provide more flexibility. It will make it easier for companies to ask questions, and to learn from each other.

October 17th, 2017Committee meeting

David Messer

Industry committee  If we want our digital economy to grow and be stronger, we need to make it better aligned with our competitors. As Michael noted, Canada's software provisions are an outlier compared to those of the rest of the world. The requirements in CASL are completely different from the req

October 17th, 2017Committee meeting

David Messer

Industry committee  I'm not saying Canada should have the weakest rules or go to the lowest common denominator at all. We should find ways to work with our allies and other countries to develop interoperability so Canadian businesses are not unnecessarily hampered.

October 17th, 2017Committee meeting

David Messer

Industry committee  Sure. I can start on that at least. From speaking to companies in our association, small and very large, I would say it inhibits innovation because it's confusing, and people don't know what to do. So you have a great idea and then you go and say, “Oh, can we do this?” But the re

October 17th, 2017Committee meeting

David Messer

Industry committee  It makes companies less likely to take innovative steps and to change the way they're doing business. It makes them stop and think, and it makes them shy away from innovative activities.

October 17th, 2017Committee meeting

David Messer

Industry committee  Certainly. Most of us can tell from our own inboxes that spam filters and cybersecurity mechanisms put in place by ISPs and by email providers and email programs have gotten much better, certainly over the past decade. These are only improving as technologies such as AI feed in

October 17th, 2017Committee meeting

David Messer

Industry committee  Thank you, Mr. Chair and committee, for having me here today. I'm here on behalf of the Information Technology Association of Canada. ITAC is the national voice of Canada's information and communications technology sector. There are over 37,000 ICT firms in Canada, employing alm

October 17th, 2017Committee meeting

David Messer