Publishers getting educated about their responsibilities under anti-spam legislation

As the New Year approaches, so does awareness of the expanding impact of the Canadian anti-spam legislation (CASL). Until now, the emphasis has been on direct marketers (in our case, publishers) that may contravene the legislation's prohibitions about using reader data without explicit permission. Come July 1, 2017, however, the law's reach will include the ability of individuals to sue people who send them messages without permission, the so-called "private right of action". 

In an effort to educate the industry about CASL, a seminar called “The Publishers’ Guide to CASL Compliance” is being offered on Wednesday, Nov 23 from 3:00 to 5 p.m. at the Toronto offices of Fasken Martineau DuMoulin, 333 Bay Street, Suite 2400. The seminar is presented by The Direct Marketing Association of Canada (and sponsored by Equisoft, Magazines Canada, CMC, CCAB, Alliance for Audited Media and Newspapers Canada.) The general admission fee is $75 ($50 sponsor/member rates.)                                                             

The presenting panel will be comprised of Derek Lackey, president of the Direct Marketing Association of Canada; Andrew Nunes of the privacy practice with Fasken Martineau DuMoulin; Adrienne Rutherford, media lawyer; and Vesna Moore, director of circulation & CASL compliance officer at Annex Business Media.

Anti-spam rules may have reduced use of email, but not spam, report says

Canada's anti-spam law (CASL), which has been a major burden -- not to say a threat to the businesse -- for magazine publishers, may have had the paradoxical effect of reducing the use of email and actually increasing spam messages, according to data from the network security firm Cloudmark. It was summarized in a blog post by Keith Rose of law firm McCarthy Tétrault LLP. The consequences of CASL may not be what the government intended when it was imposed (as publishers had warned.)

"Average monthly email volumes received by Cloudmark customers in Canada declined by 29%, but the percentage of received email that Cloudmark assessed as “spam” actually increased, albeit by an insignificant amount (from 16.5% to 16.6%). In other words, the proportionate impact of the legislation for Canadian recipients has been as high or higher on “legitimate” traffic as it has been on true “spam”. 

"The implication appears to be that some Canadian organizations are abandoning email as a public communication platform instead of attempting to comply with CASL’s stringent consent and content requirements and facing the risk of substantial penalties for non-compliance. [For reference, see previous posts on CASL compliance issues here, here, here, here, and here.] One might wonder whether that was the outcome hoped for, from a law which states its purpose as being to promote the legitimate use of electronic means to carry out commercial activity. 

"CASL does seem to be having a greater impact on Canadian spam aimed at other countries. Cloudmark’s data indicates that outbound international spam traffic declined by 37%. The report does not suggest any reason for the disproportionate impact on foreign traffic."

First anti-spam ruling issued by CRTC; a bracing $1.1 million fine

The first fine has been issued under Canada's ferocious anti-spam law (CASL). According to a story from Canadian Press, a company called Compu-Finder has 30 days to contest a ruling by the Canadian Radio-television and Telecommunications Commission or face a penalty of $1.1 million. Its offence was sending commercial e-mails promoting corporate training courses to consumers without the recipients' consent and without allowing recipients to unsubscribe from the mailings.
Related posts:

• CRTC issues first bulletin telling businesses how to comply with anti-spam legislation
• Anti-spam legislation and opt-in provisions will likely be challenged in court by summer's end
• 'Getting ready for anti-spam legislation's impact on precious mailing lists
• Anti-spam legislation going ahead in July, without addressing some industry concerns
• Will anti-spam legislation endanger magazine gift subscriptions?

TC Media publishes free article on how to live with anti-spam legislation

Some digital marketers experienced 40 to 70% churn in their databases when they sent reconfirmation messages trying to meet the requirements of Canadian Anti-Spam Legislation (CASL), according to a paper being distributed free by TC Media. The paper, "Suffering from Post-CASL Database Withdrawal?" by Ryan Moss, director of 1:1 Messaging and ISP Relations at TC Media, is one of several items about CASL in its resource section.

Moss says that experience with some TC Media brands such as ELLE Canada had a happier outcome, with an attrition rate of 18%, but increased opening rates. The paper sets out three steps to remaining CASL compliant and yet increase the (for instance, subscriber) database. 

CRTC issues first bulletin telling businesses how to comply with anti-spam legislation

In an effort to smooth the way in its efforts to enforce regulations under Canada's Anti-Spam Legislation (CASL), the Canadian Radio-television and Telecommunications Commission (CRTC) has issued the first of what will be a number of "compliance and enforcement information bulletins". 

The first bulletin is five pages setting out what businesses need to do to set up their compliance programs (and, not coincidentally, establish a due diligence defence in the case of alleged or actual violations of the demanding act.)

The bulletin can be accessed here: http://crtc.gc.ca/eng/archive/2014/2014-326.htm

Getting ready for anti-spam legislation's impact on precious mailing lists

Given that many magazines in Canada are only now getting their heads around their obligations under CASL, the anti-spam legislation, the following might be a helpful example. The Ontario Media Development Corporation (OMDC) has recently sent out the following message to people on their email list, which is similar to the e-newsletter lists that many magazines use to promote their businesses. Come July 1, the names on those lists need to be requalified -- making provision for readers to actively "opt in", it no longer being allowed to assume consent. The wording may not be appropriate in every circumstance, but it's a good start:

Be Part of It. Stay Informed
You currently receive emails from OMDC containing news and information about our programs, services and events for Ontario's creative media industries. Canadian anti-spam legislation, which comes into effect on July 1, 2014, requires us to receive your agreement to continue sending you this information (PLEASE NOTE -- Correspondence related to tax credit and program applications is not affected.) Please click the appropriate button below to indicated whether or not you consent to receiving email communications from OMDC about programs, services and events. You may withdraw your consent at any time either by visiting our website or contacting us at consent@omdc.on.ca.

“I CONSENT” “I DO NOT CONSENT”

Anti-spam legislation going ahead in July, without addressing some industry concerns

Canada's anti-spam legislation (CASL) will be enacted July 2014 and Magazines Canada is telling its members that there are many issues that various industry groups have not been able to resolve and which remain challenging. 

We recommend reading Barry Sookman's  point of view. He is a been a member and advisor to the national CASL business coalition in which Magazines Canada is an active member. We recommend that individuals in magazine media companies responsible for these matters take a careful look immediately.  This is NOT PIPEDA plus.
http://www.barrysookman.com/2013/12/04/casl-industry-canada-regulations-summary-and-comments/

For instance, the new legislation will worry publishers and circulators particularly when it comes to customers or potential customers being required to specifically "opt in" rather than presuming they agree to the use of their names to be sent commercial messages, such as direct mail (in other countries such as Australia and New Zealand, this is sometimes called "inferred consent".)