CRTC Issues Penalties To Middle Men Under CASL To Combat Malware Installation

Co-authored by Renée Tousignant (Student-at-Law)

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 (or malware) through the distribution of online advertising. These fines mark the first time the CRTC has taken enforcement action to combat the installation of malware under CASL.

The decision indicates the CRTC's willingness to impose fines on businesses that do not have adequate safeguards in place to prevent infringement of CASL's malware provisions and underscores the importance of companies implementing the appropriate internal policies and procedures to ensure that they comply with CASL.