Enforcement Highlights
Warrant Executed in Malware Investigation
The CRTC executed a warrant at a Greater Toronto Area residence. The operation was part of an international coordinated investigation into Remote Access Trojan (RAT) technology. This type of malicious software (malware) enables remote access to computers, without the users’ consent, and can lead to the installation of other malware and theft of personal information.
Negotiated Undertaking - Blacklock’s Reporter
An investigation was launched by the CRTC in response to complaints filed by Canadians to the Spam Reporting Centre (SRC) relating to email messages sent by Blacklock’s Reporter, a publication covering government administration. As part of the undertaking, Blacklock’s Reporter agreed to develop a compliance program, including technical tools and staff training that will ensure full compliance with Canada’s Anti-Spam Legislation.
Industry Engagement - Section 9 of CASL
In general terms, section 9 of CASL relates to the aiding of any act contrary to sections 6, 7 and 8 of CASL.
- The CRTC issued an Information Bulletin that discusses the Commission’s general approach to section 9 of CASL and outlines activities that could result in non-compliance, and measures for managing associated risks.
- The CRTC issued an Enforcement Advisory to promote compliance with CASL among the Canadian Web hosting service industry. This industry was targeted because it is uniquely positioned to detect, prevent and stop non-compliant activities of its clients and others.
Enforcement Measures
- 1 Undertaking negotiated
- 57 Notices to produce
- 1 Preservation demand
- 1 Warrant executed
- 43 Warning letters
Warning Letters
- The CRTC initiated a pilot project aimed at promoting compliance with CASL and reducing spam. Warning letters were sent to companies associated with a higher volume of complaints to the Spam Reporting Centre to inform them of their responsibilities under CASL and warn them that non-compliance could result in further enforcement action. As part of this ongoing project, the CRTC will monitor complaints relating to those companies and will take additional measures, if required, to ensure compliance with CASL.
- Warning letters were sent to 34 prominent players in the Web hosting industry to reinforce the message conveyed in the Enforcement Advisory, recently issued by the CRTC.
Administrative Monetary Penalties
Since CASL came into force in 2014, enforcement efforts have resulted in penalties totalling nearly $1.2 million. Of this amount, $568,000 has been paid as part of negotiated undertakings.Footnote 1
Complaints to the Spam Reporting Centre
Between October 1, 2018 and March 31, 2019
That’s over 5,200 per week.
Approximately 4,400 of these complaints were submitted using the online form, which represents only 3% of total complaints. The remainder of complaints were sent by email at spam@fightspam.gc.ca.
The CRTC encourages Canadians to use the Spam Reporting Centre’s online form to provide as much information as possible.
Email is the #1 source of spam and text message spam
continues to rise
Sources of spam
Long description:
- Email: 45.6%
- Text message (SMS): 44.1%
- Instant message (IM): 0.8%
- Unspecified: 9.5%
Lack of consent
is still the #1 reason
that triggers complaints
Reasons why Canadians complain
Long description:
- Lack of Consent: 47%
- Identification of Sender: 26%
- Software and Malware: 2%
- Deceptive Marketing Practices: 25%
Between October and December 2018, approximately 40% of emails reported to the SRC related to affiliate marketing or appeared to come from a legitimate business selling or promoting the sale of a good or service.
The top five types of scam emails reported to the SRC during the last three months of 2018 were associated with: (1) Adult Content, (2) Personal Finance, (3) Nigerian Prince, (4) Extortion, and (5) IT and Computers.
Outreach
The Compliance and Enforcement team participated in 27 engagement activities with Canadian companies, associations and organizations to raise awareness about regulations.
Partnerships
The CRTC has forged partnerships with organizations across the globe in order to better fulfill its mandate.
The CRTC is part of the Unsolicited Communications Enforcement Network (UCENET). Members promote international spam enforcement cooperation and address problems relating to spam and unsolicited telecommunications.
Collaboration with International Partners
Long description:
Canada (CA)
Memorandum of Understanding:
- Competition Bureau (CB) and Office of the Privacy Commissioner (OPC)
- Consumer Protection Authority of British Columbia
Enforcement Collaboration:
United States (US)
Memorandum of Understanding:
Enforcement Collaboration:
United Kingdom (UK)
Memorandum of Understanding:
Information Commissioner’s Office (ICO)
Japan (JP)
Memorandum of Understanding:
Ministry of Internal Affairs and Communications
Australia (AU)
Memorandum of Understanding:
Australian Communications and Media Authority (ACMA)
Enforcement Collaboration:
Australian Federal Police (AFP)
New Zealand (NZ)
Memorandum of Understanding:
Department of Internal Affairs (DIA)
Useful Resources
Check out recent fraudulent activities uncovered by the RCMP.
Looking for cyber safety tips?
Office of the Privacy Commissioner of Canada
Frequently Asked Questions about CASL
Information Bulletin - Guidelines on the Commission's Approach to Section 9 of CASL
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