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31 J. Marshall J. Info. Tech. & Privacy L. 1 (2014-2015)

handle is hein.journals/jmjcila31 and id is 1 raw text is: ARTICLES CANADA'S ANTI-SPAM LEGISLATION: A CONSTITUTIONAL ANALYSIS DR. EMIR CROWNE & STEPHANIE PROVATO* ABSTRACT On December 15th, 2010, the Government of Canada agreed to Bill C-28, the Fighting Internet and Wireless Spam Act, with the intent to deter the most damaging and deceptive forms of spain... from occur- ring in Canada and to help to drive out spammers. Canada's Anti- Spain Legislation (CASL) was born. Although CASL has only been in force since July 1st, 2014, we argue that the Act may not survive consti- tutional scrutiny as it unduly restricts freedom of speech. CANADA'S ANTI-SPAM LEGISLATION: AN OVERVIEW On December 15, 2010, the Government of Canada agreed to Bill C- 28, giving rise to Canada's Anti-Spain Legislation (CASL). In force as of July 1st, 2014, it aims to establish a regulatory framework to protect E-commerce, address issues of unsolicited commercial electronic mail (or spain), and increase confidence in online transactions. 1 While a * Dr. Emir Crowne, BA, LLB, LLM, LLM, PhD Associate Professor, University of Windsor, Faculty of Law Barrister & Solicitor, Law Society of Upper Canada; Stephanie Provato, BA (Hons), JD Candidate 2015, Summer Student (2014), Cassels Brock & Blackwell LLP Summer Stu- dent (2013), Toronto International Film Festival. The authors would like to thank the dedicated editorial staff at the Journal of Information Technology & Privacy Law for their tireless and unseen efforts. The views expressed in this work are those of the authors alone and do not necessarily reflect those of their employers or clients. 1. Its full title being: An Act to Promote the Efficiency and Adaptability of the Ca- nadian Economy by Regulating Certain Activities that Discourage Reliance on Electronic Means of Carrying out Commercial Activities, and to Amend the Canadian Radio- television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, SC 2010, c 23. [hereinafter An Act to Promote Efficiency and Adaptability of the Canadian

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