There is a little action in the comments on Michael Geist’s blog that asks the question of whether Canada really needs its own anti-spam legislation.
In his article in the Toronto Star this week, Professor Geist charges that Canada has become a haven for spammers. But the Facebook suit against Montreal spammer appears to have been able to proceed successfully through the US courts.
Would Canadian legislation have been as effective, let alone achieve more success? Whenever existing laws are able to shut down video and software copyright violations, we are told this is evidence of why no new legislation is required.
So let me ask the question: Why does Canada need its own anti-spam law?
Don’t get me wrong. I am not in anyway condoning spam.
I just think Do Not Call List legislation demonstrates what can go wrong with technology specific laws. Why can’t existing fraud laws and civil suits be applied to criminal internet activities?
The Star article acknowledges that:
In light of its profit-making potential, no amount of antispam legislation will completely eliminate the problem.
Worst case will see us get it wrong and introduce costs on legitimate businesses while doing nothing to stem the flow of the real garbage filling our inboxes.
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spam, Michael Geist