Canada's Anti-Spam Legislation: A Constitutional Analysis

John Marshall Journal of Information Technology & Privacy Law, Vol. 31, No. 1, 2014

23 Pages Posted: 16 Nov 2014  

Dr. Emir Crowne

Barrister & Attorney-at-Law

Stephanie Provato

Independent

Date Written: November 13, 2014

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 spam… from occurring in Canada and to help to drive out spammers." Canada's Anti-Spam Legislation ("CASL") was born. Although CASL has only been in force since July 1st, 2014, we argue that the Act may not survive constitutional scrutiny as it unduly restricts freedom of speech.

Keywords: SPAM, Technology, Law, CASL, Canada, Constitution, Charter, Constitutional

Suggested Citation

Crowne, Dr. Emir and Provato, Stephanie, Canada's Anti-Spam Legislation: A Constitutional Analysis (November 13, 2014). John Marshall Journal of Information Technology & Privacy Law, Vol. 31, No. 1, 2014 . Available at SSRN: https://ssrn.com/abstract=2523985

Emir Crowne (Contact Author)

Barrister & Attorney-at-Law ( email )

No Address Available

HOME PAGE: http://www.crownes.ca

Stephanie Provato

Independent ( email )

Toronto
Canada

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