OTTAWA, December 3, 2004 - The Honourable David L. Emerson, Minister of Industry, today congratulated members of the Government of Canada's Task Force on Spam for agreeing to a series of best practices that should help reduce spam before it reaches the end-user. The Task Force met with key stakeholders today to review the progress of An Anti-Spam Action Plan for Canada. Announced last May, the action plan is a joint government and private sector effort to reduce and control spam. Increased public awareness, international collaboration, industry best practices and regulatory measures are all being addressed. "The Task Force is six months into its mandate and the fact that such a disparate group of private sector players, ranging from small Internet service providers to large corporations, has agreed to a common standard is worthy of praise," said Minister Emerson. "It shows our mutual commitment to reducing spam." Among the best practices the industry leaders have agreed to follow are that Internet service providers (ISPs) and other network operators should block e-mail file attachments with specific extensions known to carry infections, or filter e-mail file attachments based on content properties. Industry-wide practices of this kind are a world first, representing a product of consensus among Canada's largest and smallest ISPs, network operators, large enterprise users, software developers, anti-spam advocates and Industry Canada. The Task Force also unveiled an Internet-based communications campaign, including a common logo and Web site, to raise public awareness on steps that users can take to limit and control the volume of spam they receive. "Public education and awareness are critical tools in our fight against spam," said Suzanne Morin, Co-chair of the Public Education and Awareness Working Group. "We point out a number of straightforward measures that consumers can take to help protect themselves and fight spam." Unsolicited commercial e-mail, generally known as spam, has become a major problem globally, accounting for approximately two thirds of e-mails circulating on the Internet. The majority of spam originates outside Canada and therefore outside of Canadian jurisdiction. Spam results in increased network management costs and is often used to spread viruses. This is a serious issue that affects consumer and business confidence in e-mail and the Internet. Launched on May 11, 2004, the Task Force on Spam oversees the implementation of a six-point action plan. The plan calls for specific initiatives by government and the private sector, including: the use of existing laws and regulatory measures; the review of regulatory or legislative gaps; the improvement of current industry practices; the use of technology to validate legitimate commercial communications; the enhancement of consumer education and awareness; and the promotion of an international framework to fight spam. The Task Force on Spam will submit a final report to Minister Emerson in spring 2005. For more information, including the nine recommended best practices, please visit http://www.e-com.ic.gc.ca. - 30 - For more information, please contact: Stéphanie Leblanc Office of the Honourable David L. Emerson Minister of Industry (613) 995-9001 Media Relations Industry Canada (613) 943-2502 Backgrounder Task Force On Spam Progress Report On May 11, 2004, the Minister of Industry launched the Anti-Spam Action Plan for Canada and announced the creation of a ministerial task force to oversee its implementation. The Action Plan takes a "tool-kit" approach to combating spam, and includes a series of initiatives by government, industry, marketers and consumers. Reflecting this "tool-kit" approach, the Task Force on Spam is a joint government-private sector effort representing the full range of interested stakeholders. Consistent with the Action Plan, the Task Force has formed a series of five working groups looking at the following issues: Legislation and EnforcementTechnology and Network ManagementValidating Commercial E-mailPublic Education and AwarenessInternational Collaboration Through these groups, the Task Force on Spam has engaged more than 100 people, representing an additional 60 government, business and consumer organizations. Within the first six months of its mandate, the Task Force and its working groups have taken major steps forward in the fight against spam. The Stakeholder Roundtable meeting, taking place on December 3, 2004, will serve as an invaluable mid-term consultation involving an even broader range of partners. The Task Force is scheduled to complete its work and report to the Minister of Industry in the spring of 2005. Legislation and Enforcement This working group is tasked with examining the application and enforcement of existing laws and regulations in the reduction and control of spam, including the Personal Information Protection and Electronic Documents Act, the Competition Act, and the Criminal Code of Canada. By the end of its mandate and based on its experience with various enforcement measures, the working group will also identify the need for any potential new legislative measures. Mobilizing enforcement efforts The working group has brought together private companies and the federal enforcement agencies responsible for legislation that could be used to address spam, including the Competition Bureau, the Office of the Privacy Commissioner, and the Royal Canadian Mounted Police (RCMP). The intent is to assist the process of investigation as well as to gauge the effectiveness of the individual statutes in prosecuting certain spam offences. A number of complaints and investigations have been initiated in the past few months. The Competition Bureau has investigated a number of spam complaints under the Competition Act, and has one active case at present, specifically dealing with spam messages that make misleading performance claims, such as weight loss. The Office of the Privacy Commissioner is also investigating complaints related to unauthorized use of e-mail addresses, and failure to remove people from e-mail lists when requested, which are both unlawful under the Protection of Personal Information and Electronic Documents Act. In order to facilitate action under the Criminal Code of Canada, the Task Force has worked with Justice Canada to identify evidentiary requirements that would be involved in bringing a spam case forward. Discussions with the federal/provincial/territorial Heads of Prosecution Committee have resulted in the formation of a sub-committee of that group to examine that issue. In the initial stages of its work, the working group has served to educate both enforcement agencies on the extent and severity of the spam problem, and private companies on the legal requirements, and competing priorities, for the pursuit of cases. This process of mutual education will expedite the next stage of discussions, focused on the possible need for new legislative initiatives. Review of Anti-Spam Legislation As background to its deliberations, the working group has undertaken research into various aspects of spam legislation. It has undertaken an analysis of spam legislation in other countries, with a particular focus on the United States, United Kingdom and Australia. Preliminary results of the review of these three countries will be presented at the Roundtable, with the full results to be completed in early 2005. Assessment of Right of Private Action The working group has also commissioned a study examining the question of private right of action for spam in Canada, including the existing legislative framework, the key elements of building such a right, and the views of Canadian companies on the need for such a right. Private action is viewed as an effective instrument in the United States, but it remains to be seen if it would be appropriate and/or effective in the Canadian context. Preliminary results will be presented at the Roundtable, with the final report completed by December 31, 2004. Technology and Network Management This working group will encourage the adoption of effective anti-spam technologies and network management practices by Canadian ISPs and major business network managers and examine other technology issues related to spamming. Industry Best Practices The creation of this working group represents the first ever collaborative and concerted effort involving a broad range of organizations, including most of the country's largest and smallest broadband and dial-up Internet service providers, other network operators, large enterprise users, software developers, anti-spam advocates and government. The agreement of these stakeholders to work together to develop and implement industry-wide spam solutions is a major step forward. The working group has agreed on a series of recommended technical best practices that will reduce the volume of spam carried on networks in Canada. The best practices will be officially released at the Roundtable meeting on December 3, 2004, and distributed to all Roundtable participants. This confirms and codifies industry efforts that have been underway in Canada and internationally, and represents the first truly national consensus on recommended technical measures to combat spam. In these best practices, Canada has a model to share internationally in the global fight against spam. Measurement of the spam problem and related issues The group intends to establish a methodology for gathering metrics on spam in Canada in order to benchmark the nature of the problem and the effectiveness of solutions. The group will also analyze areas of concern related to spam, such as spyware, phishing, and cellular phone spam. A final area of focus will be the implications for spam of the future evolution of the Internet, specifically network architectures that might assist in blocking or tracking spam-like messaging. Validating Commercial E-mail This working group will encourage and support Canadian marketers in adopting spam-free marketing techniques and promote the establishment of industry codes of practice that make it clear that spam has no legitimate role in Canadian e-commerce. The group will also define and encourage adoption of a framework for establishing and implementing a commercial e-mail validation system among Canadian marketers. Best Practices The initial focus of this working group has been to bring together a group of stakeholders who have not traditionally worked together to discuss the challenges posed by spam for legitimate commercial e-mailers and to address ways to improve the "deliverability" of legitimate commercial e-mail. There are a number of business and technical measures that can be applied to this issue. One area of effort has been the development of best practices for commercial e-mail marketers, including the identification of measures that they can take to improve the deliverability of their messages. A Certification Regime for Canada With respect to technical measures, the working group decided to focus on certification. It was suggested by a member of the working group that Canada, as a small but technologically advanced market, might be in a strong position to explore the development and implementation of a certification regime for legitimate commercial e-mail. The working group is currently developing a reference paper on existing certification regimes and their business models. The group will then look at the options and possibilities for implementing such a regime in Canada. E-mail Trials An additional focus of the group is to determine the extent of the "deliverability" problem; for example, the volume of legitimate commercial e-mail not reaching the intended recipients. The working group has initiated a Canadian trial to establish the volume and also the reasons why legitimate commercial e-mail was being blocked. Public Education and Awareness The job of this working group is to identify and promote user practices and behaviours that can effectively control and limit spam, and encourage and support the development of a multi-stakeholder public information and awareness campaign. The group has developed a communications strategy for a consumer campaign. As an initial step, they have developed an Internet-based education and awareness campaign directed toward a broad consumer audience. This effort will be comprised of a "Stop Spam Here" icon with a link to tips for consumers and small business that highlight behavior and steps they can take to limit and control the volume of spam in their inboxes, as well as how they can protect themselves from the more dangerous elements associated with spam. While many organizations already have information on spam, the value of this particular initiative is in both a consistent message, as well as the broad dissemination by our full range of partners. The Task Force expects all major ISPs and leading information Web sites, like Strategis, to use the "Stop Spam Here" icon before year-end. International Collaboration The role of this working group is to promote a strong presence for, and coordinated efforts by, the Government of Canada and Canadian e-mail service providers in developing and implementing international and bilateral approaches to fighting spam. Bilateral Cooperation With the support of the Task Force, Industry Canada and the Department of Foreign Affairs have developed and are negotiating a series of bilateral agreements between Canada and the United Kingdom, Australia, the United States and the European Commission. Agreements with the United Kingdom and Australia will be ready for approval within the next two months. Further, a number of agreements are already in place to facilitate cross-border cooperation in enforcement of spam cases. Multilateral Work Task Force members and Industry Canada are taking a leadership role international for a, such as the OECD Task Force on Spam, International Telecommunications Union, and the Asia Pacific Economic Cooperation. Industry Canada is a participating country in the London Action Plan, an initiative to facilitate international spam enforcement, spanning over 27 agencies in 15 countries worldwide. Task Force Members Task Force Chair: Michael Binder, Assistant Deputy Minister, Spectrum, Information Technologies and Telecommunications, Industry Canada Lori Assheton-Smith, Senior Vice-President and General Counsel, Canadian Cable Telecommunications Association Tom Copeland, President, Canadian Association of Internet Providers Bernard Courtois, President, Information Technology Association of Canada Michael Geist, Canada Research Chair in Internet and E-Commerce Law, University of Ottawa Amanda Maltby, Senior Vice-President, Canadian Marketing Association Suzanne Morin, Assistant General Counsel, Bell Canada, and Internet Law Policy Forum Geneviève Reed, Head of Research and Representation, Option consommateurs Neil Schwartzman, President, Coalition Against Unsolicited Commercial E-mail Canada Roger Tassé, Partner, Gowling Lafleur Henderson LLP
