Breaking News: Another Warrant Issued Under CASL
We have been extremely vocal in warning about the perils of non-compliance with Canada’s AntiSpam legislation (“CASL”). More proof of the risks came from the Canadian Radio-television and Telecommunications Commission (CRTC) today when it announced that it had executed a second warrant under CASL at two locations in the Niagara region of Ontario.
Few details are as yet available. The CRTC says the warrant was obtained as part of an ongoing investigation relating to the installation of malicious software and the alteration of transmission data. The warrant was granted by a Justice of the Peace, from the Ontario Court of Justice, and was executed with the assistance of police officers.
There are no details as to whether this was a search warrant or an arrest warrant, or whether any evidence was seized.
In December, 2015, the CRTC enlisted the help of the RCMP to enforce its first warrant. It’s unclear whether our national agency was involved in this one.
Realize what a serious step this is. The national regulator responsible for TV, cable, internet and your cell phone has twice obtained a court blessing to do what would otherwise be illegal, that is, go into someone’s home or business without consent and take things.
We have in another article and in a video interview stressed the real dangers inherent in not being in CASL compliance. Yes, the CRTC is starting with the worst offenders, but the concern is that it is the thin edge of the wedge. Who’s next?
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For today, realize that CASL is real, it’s not going away, and these enforcement actions aren’t even the worse part. It’s only going to get worse, with the private right of action waiting in July of 2017. Breaches of CASL then will lead to class action litigation.
It is this bad.
You have to get your business into compliance with CASL.
Mr. Clausi is an experienced investment banker, executive and director. A graduate of Osgoode Hall Law School called to Ontario's bar in 1990, Mr. Clausi ... <Read more about Peter Clausi>