Canadian Anti-Spam Legislation Research

In the Internet era,spam was flooded.When Internet users enjoy the convenience of e-mail,they must also endure the problems caused by spam.According to a survey document issued by the Internet Society of China,the problem of spam in China needs to be resolved urgently.On the legislative level,China’s anti-spam legislation lags behind.The definition of spam itself does not have a concept of legal definition.Spam in China still has not been regulated by the legislature of the National People’s Congress and its Standing Committee.The administrative management of spam can only be based on departmental regulations and “red tapes”.There are more and more individuals and the organization has joined in opposing e-mail marketing and has gradually recognized the negative impact of these spams on our lives.However,on the other hand,developed economies such as the United States,the European Union,Japan,and Canada have already adopted high-level anti-spam laws.The problem of regulating the proliferation of spam has been obvious,and has accumulated a wealth of practical experience,resulting in the possibility of comparative law research and legal transplantation.Anti-spam legislation as an emerging legal sector has also undergone a process from nothing,from opposition to gradual acceptance in Canada.Earlier,Canada’ s Ministry of Industry argued that there was no need for specific legislative documents on anti-spam issues and that it was sufficient to use existing means to achieve spam control,including: free market mechanisms,industry regulations,privacy protection laws,existing civil laws and criminal regulation.However,in the later period,the Canadian Ministry of Industry changed its attitude and advocated clear and explicit legislation,severe punishment,and strong enforcement ability to be able to successfully deal with spam.Subsequently,the “Canada Anti-Spam Law” was promulgated in 2010 after a number of consultations,and came into effect on July 1,2014.The bill is the legislative text of the world’s more advanced anti-spam.This legislative document mainly regulates spam,spyware,malware and botnets,network errors or misleading statements,e-mail address collection,and changes in transmission data.In terms of anti-spam,the Canadian Anti-Spam Act regulates the use of electronic means to encourage participation in commercial marketing activities.If companies send commercial electronic messages which subject to requirements and prohibitions,but there are also clauses listing exceptions and specific conditions,and also the specific requirements for “express consent” and “implicit consent”.In terms of anti-spyware software,anti-spyware software terms no longer refer only to the narrow definition of “anti-spyware software” in the traditional concept,but also include the explicit consent requirements for acquiring the installed computer program,as well as the requirements for prescriptive disclosure and notification.The legislative extension will be relatively broad compared to other countries’ legislative documents.At the same time,the author also introduced the “consent” requirement in the “Canada Anti-Spam Law”.The consultation with the recipient is very important and it is the core of the bill.At the same time,there are relevant cases with certain significance throughout the whole content of the thesis.I hope that the content of the paper will be of significance for China’s anti-spam legislation.