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
Date Written: November 13, 2014
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
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