As of December 2010, Canada’s anti-spam legislation, known informally as the Fighting Internet and Wireless Spam Act (“FISA”), received royal assent. From the early contemplation of FISA by Members of Canada’s Parliament, and among interested players in the private sector, through to the circulation earlier this summer of proposed regulations backstopping FISA, FISA has sparked significant interest by businesses in Canada.
Historically, Canada was a preferred location for spammers and was consistently referenced by international authorities as a haven for those who promulgate spam. In an attempt to uphold Canada’s international responsibilities in fighting spam, Canada responded by passing FISA. There are, among others, two conclusions one can reach on a review of FISA. Canada wanted to show the world that it takes spam seriously and, in so doing, has created a costly legislative labyrinth, one that significantly overreaches its mark, with which legitimate businesses and organizations must comply.