In the first few months after Canada's Anti-Spam Legislation (CASL) took effect on July 1, 2014, the agency charged with its enforcement received more than 120,000 complaints, including more than 1,000 in the first three days. Three months later, it made its first announcement related to a completed investigation, providing some good news for organizations willing to cooperate.

Meanwhile, companies are preparing for some new provisions that take effect on January 15, which prohibit the installation of computer programs on another person's system without express consent. While the main intent of these provisions is to fight bots, viruses and other malware, given the broad scope of the legislation, the prohibition has potentially wide implications for legitimate businesses.

This white paper discusses the Canadian governments early enforcement efforts, provides a framework for companies that receive a “Notice to Produce” and attempts to interpret the new provisions as they get ready to take effect.