May 3rd presentation of the Transcontinental Interactive Bill C-28 Client Webinar titled: Bill C-28: What is it & what does it mean for marketers? Host: Paul Hunter Presenter: Matthew Vernhout

1. BILL C-28
WHAT IS IT & WHAT DOES IT MEAN
FOR MARKETERS?
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2. • 10+ years in email marketing
• Transcontinental Interactive
(Director, Delivery and ISP Relations)
• What I‟m involved in:
• Director at large CAUCE NA
• Certified Information Privacy Professional
/ Canada (CIPP/C)
• Email marketing advocate:
• Email blogger: EmailKarma.net
• Email Marketers Club
• Email Round Table
• Regular speaker at events:
• CMA, DMA, IAPP, Lexpert
MATTHEW VERNHOUT, CIPP/C
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3. • CASL – Canadian Anti-Spam Legislation
Formerly called Fighting Internet and Wireless
Spam Act (FISA)
• CAN-SPAM – American Anti-Spam Legislation
(2003)
Controlling the assault of non-solicited
pornography and marketing
• CEM – Commercial Electronic Message
• ISP – Internet Service Provider
• Malware – Unknowingly installed software
that is used for illicit purposes
• Phishing – Random and widely distributed
email messages imitating a legitimate
financial, retail or loyalty brand that attempts
to collect money, passwords or personal
information from recipients
• Harvesting or dictionary attacks –
Automated email generation or gathering
tools used to guess or build a list of real
users for the purposes of sending or
re-selling email addresses.
KEY DEFINITIONS (IN CASE YOU DON‟T KNOW)
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4. BEFORE WE START… IT‟S NOT ALL DOOM & GLOOM
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5. 2004-2005 2009 MAY 2010 DEC 2010 Q2 2011 Q4 2011/
Federal Anti- C-27 Electronic C-28 Fighting C-28 Receives C-28 Q1 2012
Spam Task Commerce Internet and Royal Assent Regulations to C-28
Force Protection Act Wireless Spam (with no short be presented by Enforcement
(FAST-F) (ECPA Act (FISA) name) Industry Canada begins
Government
Prorogued
Elections
Elections
2011
Two
HOW WE GOT HERE
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6. CASL will apply to any form of electronic
message sent for marketing purposes
(referred to as a "Commercial Electronic
Message", or "CEM"), including:
• Email
• SMS
• Instant messaging
• Social media/networking
• Future Technologies
CASL also addresses Internet
marketing challenges such as:
• Address harvesting
• Malware
• Phishing
• Other/Future Internet threats
WHAT IS COVERED IN CASL?
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7. Three main points to CASL:
• Consent
• Identification
• Unsubscribe
These rules apply regardless of
how many messages are sent or
the channel used to send them
CASL: OVERVIEW
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8. CASL requires opt-in consent:
• Explicit opt-in:
• No expiration, until individual opts-out
• Deemed or implied:
• Where an existing business or non-business
relationship with the recipient exists
• Where the recipient has published their
electronic address in a
prominent manner*
• Where the recipient has provided
their email address directly
to the sender*
• Expires after 2 years
DEFINING CONSENT
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9. • Be clear and transparent when asking for subscriber data
• Do not make assumptions about subscriptions
• Have a separate 3rd party list option
• OPT-IN and not OPT-OUT
GET PROPER CONSENT
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10. CASL requires senders to:
• Identify themselves
• Indicate on whose behalf the message is sent
• Provide up-to-date contact information
IDENTIFICATION REQUIREMENTS
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11. • Include a functional unsubscribe mechanism
• Must be web enabled
• Function without delay, but not
longer than 10 business days
• Must be active for 60 days after the end
• Recommendations:
• Enable reply to email unsubscribe that
get sent to your customer service team
• Stop using “no-reply@” emails
• Strict data hygiene and
sun-setting programs
UPDATING YOUR SUBSCRIPTION
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12. Commercial
• Offers to purchase, sell, barter or
lease a product, goods, a service,
land, promotes a person
Transactional
• Provides a quote or
estimate, completes or
confirms a transaction,
warranty, product recall or
safety or security
information
TYPES OF MESSAGES
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13. • List owner from address and logo/branding
• 3rd party Logos/content
• List owner unsubscribe
• Contact info for both parties
• 3rd party message notice
• Postal info
ANATOMY OF 3RD PARTY EMAILS
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14. SOCIAL MEDIA
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15. DOES LIKE = CONSENT?
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16. • Opt-in process following the current
standards set by the short code policies
set by the CWTA
• One time reply is fine under the „inquiry‟
exclusion when used to directly respond
to a specific question
• CEMs will require identification and
unsubscribe information in each message
• 135 character limit is getting smaller:
„rply STOP 2 unsub, Corp Name‟
• Maybe only 100 characters left
for your message
SMS
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17. CASL
• Addresses broad range of Internet
issues (spam, spyware, pharming, etc.)
• Applies to all forms of electronic
messaging (email, SMS, IM, etc.)
• Primarily opt-in; permission based
• Private right of action: available to
anyone (individuals, businesses, etc.)
CAN-SPAM
• Addresses spam only
• Applies only to email, contains
SMS domain opt-out
• Opt-out; you can technically mail
any person at least once
• Private right of action available
only to ISPs, and Government
CASL VS. CAN-SPAM: KEY DIFFERENCES
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18. Three agencies:
• Canadian Radio-Television and
Telecommunications Commission (CRTC)
• Competition Bureau
• Office of the Privacy Commissioner (OPC)
Administrative monetary penalties (AMPS)
Private right of action
Protection for „honest mistakes‟
(due diligence is key)
OVERSIGHT & ENFORCEMENT
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19. ANTI-SPAM IN CANADA - SUMMARY
Canadian Anti-Spam
Legislation or CASL:
• Opt-in • No false information
• Prohibits unsolicited • Sender or subject
commercial messages lines
• Prohibit installation • No harvesting or
of programs without dictionary attacks
consent • More than email:
– IM; SMS; social
media; voice*
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20. Other requirements:
• Identification; contact information; unsubscribe mechanism
• Unsubscribe:
• Without delay, but not longer than 10 business days
• No longer recommended “no-reply@”
• Proper identification (postal address)
• Private right of action included
• Officers of organizations can be held accountable
for their organizations messages
Exemptions:
• Family or personal relationship; business
inquiry/relationship
Enforcement:
• Cross border - Can‟t hide under HQ location
• Protection for “honest” mistakes
ANTI-SPAM IN CANADA - SUMMARY
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21. BILL C-28 AIMS TO REDUCE SPAM…
• Less spam means more clarity for brand messages
• More clarity means more attention and engagement
• More engagement means more brand recognition
• More brand recognition means... More profitability
This is a non-scientific theory...
But you can see the opportunity
marketers have...
HOW CAN YOU LEVERAGE BILL C-28?
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22. Marketers should:
• Think about digital marketing
permission/privacy on a global
perspective.
• Establish a baseline policy for
interacting with subscribers across
all digital technologies.
• Optimize communications based on
customers expressed preferences,
observed behaviours, demographics
and customer lifetime value.
• Use explicit opt-in methods for
capturing contact information.
Move away from
“shout” marketing...
IMPLICATIONS FOR MARKETERS
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23. Transcontinental Interactive can…
• Help you with the latest news on • Ensure that your current customer
Bill C-28 to ensure you are ready communications are in compliance
to comply with this new law with existing legislation including
PIPEDA and CAN-SPAM
• Provide best practices for opt-in
communications across digital • Optimize your marketing campaigns to
communication channels (email, increase customer engagement,
mobile, social media) strength brand loyalty, and increase ROI
HOW TRANSCONTINENTAL INTERACTIVE CAN HELP…
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24. Matthew Vernhout_Director, Delivery & ISP Relations
416.361.3522 ext. 238
matthew.vernhout@transcontinental.ca
Twitter: @emailkarma
Resources:
• The Marketers Guide to Applying CASL: http://bit.ly/ji8xk0
• EmailKarma.net: http://emailkarma.net
THANK YOU!
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