The Canadian Radio-television and Telecommunications Commission (CRTC) has issued a second warrant under Canada’s Anti-Spam Legislation (CASL) in Ontario. This is only the second time this type of warrant has been executed under the anti-spam law. The warrant does not identify the subject party and was obtained during the course of an investigation of malware installation and the alteration of transmission data. Section 7 of CASL generally prohibits the alteration of transmission data in an electronic message. This occurs when a message is delivered to a location other than that which is specified by the sender, unless the alteration is made with the express consent of the sender or is made pursuant to a court order. Interestingly, the CRTC’s investigation does not appear to have been launched as a result of a complaint, but rather as a result of a tip from a US network security company specializing in cyber threat protection. The recent warrants executed by the CRTC continue its charge against damaging forms of online threats. However, concerns have been raised that the CRTC’s focus creates a trend toward enforcement against legitimate domestic companies that may have erred in their attempts to comply with the law, rather than targeting malware or intentional bad acts. We will continue to monitor these trends as the CRTC increasingly uses its powers under the CASL.

About the author: Darby is an associate in the Regina office and maintains a general litigation practice. She has also been trained in collaborative law.

About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Integrity, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions. This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances.  Counsel should be consulted concerning your own situation and any specific legal questions you may have.