Canadian Spam Bill: Electronic Commerce Protection Act Introduced
If it becomes law, the proposed Electronic Commerce Protection Act (ECPA) will provide our neighbors to the north with overdue protection against unsolicited commercial email (spam). The ECPA will include hefty fines – up to $1 million for individuals and up to $10 million for other types of offenders. The Act would create a Spam Reporting Centre (reporting similar to the U.S. Federal Trade Commission) and Industry Canada would be the national coordinating body responsible for educating businesses and consumers about their rights and responsibilities under the Act.
Should the ECPA become law, email marketers will need to comply with it when dealing with Canadians. This is in addition to the U.S. CAN-SPAM Act and other countries’ anti-spam laws. A good rule of thumb is – when in doubt, do not send an unsolicited commercial e-mail to anyone. That includes sending an unsolicited e-mail asking someone to opt into your mailing list.
Graphic credit: Drapeau Animation Canada
Spam Gypsies: Internet Marketers Without A Valid Address
In a mobile society, some online marketers act like transients, moving from place to place at the drop of a hat.
For some, it is a matter of staying one step ahead of law enforcement or customer lawsuits. For others, it is the eternal quest for the ultimate guru to fill in the missing pieces. Others simply enjoy traveling. You’ll find them moving to different states — even traveling cross-country by RV and marketing on laptops at local coffee shops along the way.
Yet they have one thing in common. They’re breaking spam laws by using invalid physical mailing addresses.
The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) requires commercial e-mailers to include a valid physical postal address so that subscribers have another way to opt out from lists and to identify the source of commercial e-mail.
Breaking this law can lead to fines of up to $11,000 per violation.
If you’ve moved, update your address. Of course, using a business address is preferred if you want to protect your privacy. Home addresses can lead to stalkers or worse. If you’re going on vacation, have someone regularly check your snail mail to ensure that any CAN SPAM complaints get timely handled.
Or you can ignore it all, hope the Federal Trade Commission (FTC) won’t go after you, and pay your Internet lawyer to clean up the mess if you get caught.
