A second significant portion of Canada's Anti-Spam
Legislation ("CASL"), which is designed to combat the
distribution of malware, is now in effect. Malware, which is also
known as malicious software that infects computing devices and
systems and which takes a variety of forms including computer
viruses, worms, Trojans, spyware and adware, negatively impacts
consumers, governments and businesses alike. The provisions may,
however, also impact the legitimate business activities of software
providers. Therefore, a careful review of the new rules under CASL
should be a priority for any business that provides software for
installation on the computers of others.
The CASL prohibition
Subject to several exceptions, CASL prohibits the
installation of, or causing the installation of, a
computer program (software) to another person's
computing system (e.g., laptop, smartphone, PCs, gaming
consoles, industrial machines and appliances, automobile computer
systems) in the
