Canadian Anti-Spam Law of 2010: Legislative Purposes
Section 3 of the Canadian Anti-Spam Law of 2010 articulates the purposes of the law, which are quite broad. The primary stated purpose is to "promote the efficiency and adaptability of the Canadian economy." Canadian Anti-Spam Law, S.C. 2010, c. 23, § 3 (Can. 2010). As a means to this end, the subsidiary goal is to regulate the use of "commercial electronic messages" (which are defined very broadly, to include not only emails but messages "sent by any means of telecommunication, including a text, sound, voice or image message"), prohibiting conduct that "discourages the use of electronic means" for carrying out commercial activities. See Canadian Anti-Spam Law, S.C. 2010, c. 23, §§ 1, 3 (Can. 2010).
Conduct that discourages the use of electronic means for carrying out electronic activities is categorized under four general headings:
- Conduct that impairs the availability, reliability, efficiency and optimal means to carry out commercial activity;
- Conduct that imposes additional costs on businesses and consumers;
- Conduct that compromises privacy and the security of confidential information; and
- Conduct that undermines Canadians' confidence in the use of electronic means for communication to carry out their commercial activities in Canada and abroad.