Audio Bulletin - CRTC Issues Penalties to Middle Men Under CASL to Combat Malware Installation

On July 11, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) issued notices of violation under Canada’s Anti-Spam Legislation (CASL) and monetary penalties totalling C$250,000, against two companies for allegedly aiding in the installation of malicious computer programs through the distribution of online advertising.

The CRTC’s decision reminds businesses of their compliance requirements under CASL’s malware provisions.

Read our detailed Anti-Spam Bulletin.

TRANSCRIPT

Hello, my name is Sunny Handa and I’m the Co-Head of the Blakes Technology group. 

On July 11, 2018, the Canadian Radio-television and Telecommunications Commission, also known as the CRTC, imposed its first penalties against two companies for allegedly aiding in the installation of malware through the distribution of online advertising. This is the first time the CRTC has taken an enforcement action to combat the installation of malware under Canada’s anti-spam legislation – often referred to as CASL, or C.A.S.L. 

The fines, totalling C$250,000, were imposed on Datablocks and Sunlight Media, two companies providing ad distribution networks. While the advertisements were produced by third parties, and not by Datablocks or Sunlight Media themselves, the CRTC determined that the two companies omitted to implement the necessary safeguards to prevent the spread of malware.

The fines act as an important reminder to businesses that they are required to implement the appropriate internal policies and procedures to ensure that they remain compliant with CASL’s malware provisions. 

For further takeaways on this important decision, read our detailed Blakes Anti-Spam Bulletin, or simply give us a call. 

I’m Sunny Handa, thank you for listening to this Blakes Business Class Audio Bulletin.