Canadian Anti-Spam Law of 2010: Message Redirection and Software Installation

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Clauses 7 and 8 of the Canadian Anti-Spam Law of 2010 govern two particular activities involving electronic messages: (1) alteration of transmission data so that the message is sent to an "electronic address" that is different than the sender specified, and (2) sending software for download by means of an electronic message. See Canadian Anti-Spam Law, S.C. 2010, c. 23, §§ 7, 8 (Can. 2010).

Message redirection is only legal where it involves express consent, or where a court has ordered it. See id., at §§ 7, 11(4). Network maintenance by telecommunications service providers is excepted. See id., at 7(2)

Sending software for download by means of electronic message, where not ordered by a court, also requires express consent, which, among other things, must involve clear disclosure about the function and purpose of the software being downloaded. See id., at §§ 8, 10(3)-10(8), 11(5); see also Library of Parliament Legislative Summary, Pub. No. 40-3-C28-E (Feb. 4, 2011), at 6-7.