In addition to the anti spam provisions of CASL, it contains provisions against malware starting in January 2015. It imposes disclosure and consent requirements for software providers in certain situations.

Unfortunately, those provisions are perhaps more ill-advised and unclear than the anti-spam provisions.  They have the potential to make life difficult for software companies, create additional record keeping responsibilities where none are needed, and could even hurt Canadian consumers if foreign software developers simply don’t sell their products in Canada to avoid compliance.

The IT law bar is collectively scratching their heads trying to understand what the provisions mean in practice.

When I last mentioned this, the CRTC was collecting questions to help them frame their guidance on the sections.

The CRTC will reveal their interpretation thoughts in an IT.Can webinar on November 11.