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Industry committee  You probably would break the law, based on my understanding, if you don't have consent, because you would be incorporated as different corporations. You also run into that instance a lot in the private sector if it's a manufacturer and they have a dealer network. Probably the opi

October 19th, 2017Committee meeting

Andrew Schiestel

Industry committee  Is there time to respond?

October 19th, 2017Committee meeting

Andrew Schiestel

Industry committee  You have to be careful with the argument. What's missing in that common argument is that they are still businesses, and Canada has to have to have strong commerce. We don't operate in a vacuum, so it's about finding the right balance between protecting consumers and making it eas

October 19th, 2017Committee meeting

Andrew Schiestel

Industry committee  I think Michael Geist misrepresented that information around the business-to-business exception. There is a business-to-business exception under one of the regulations, but it's very narrowly defined. It's not broad such that if you're a business and someone else is a business, y

October 19th, 2017Committee meeting

Andrew Schiestel

Industry committee  To have it noted for the record, based on what Mr. Lametti said, that's a CRTC decision, not a court decision, and certainly not a Supreme Court decision, in terms of the constitutional validity of CASL.

October 19th, 2017Committee meeting

Andrew Schiestel

Industry committee  No. The lawyers I've spoken to have said that likely would occur if PRA were instituted and a legal proceeding starts, as a defence.

October 19th, 2017Committee meeting

Andrew Schiestel

Industry committee  Mr. Lametti, could you clarify if that's a CRTC decision or if that's a court decision?

October 19th, 2017Committee meeting

Andrew Schiestel

Industry committee  The example I used was what a company would have to do to properly comply with the two-year and six-month rules if they wanted to automate that. That's a very difficult thing in practice to have happen. One reason is the cost. In the example I gave about the CRM/ERP that tracks

October 19th, 2017Committee meeting

Andrew Schiestel

October 19th, 2017Committee meeting

Andrew Schiestel

Industry committee  When a business is collecting information from a consumer who provided that information, you could call that “implied consent”. That's not spam in most people's definition. Spam, in most people's definition, is when you don't know the sender and it's kind of a bulk email. If an a

October 19th, 2017Committee meeting

Andrew Schiestel

Industry committee  It's a good question. I would look at identifying what are harassing communications—for example, ignoring unsubscribe requests, malicious spam, and cybersecurity threats—and go through a lot of consultation to really understand that. That's on one side. On the other side, look at

October 19th, 2017Committee meeting

Andrew Schiestel

Industry committee  I think so in general, because the act really broadly catches almost every electronic message under its purview. I think you're already catching a lot of the stuff where consent is not present. If you can do a better job in the act of defining when it's practical to send a commer

October 19th, 2017Committee meeting

Andrew Schiestel

Industry committee  I have a for-profit company called tbk Creative, which is a web design and digital marketing company. Is that the one you're speaking about?

October 19th, 2017Committee meeting

Andrew Schiestel

Industry committee  How I got interested in this topic is that we build a lot of websites at our company. Back before July 2014, our clients were actually coming to us asking how to comply with CASL. I needed to understand the act, and that's when I realized we really have a problem here. It's a ver

October 19th, 2017Committee meeting

Andrew Schiestel

Industry committee  I don't know if I have anything material to add. I believe the act states that if a Canadian is sending a CEM to a company that has its own legislation, then essentially it needs to comply with that legislation. Immediately to your question, I don't think I have anything materi

October 19th, 2017Committee meeting

Andrew Schiestel