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LEGAL REPORT/IT & E-COMMERCE to thoroughly review their practices. "The existing business-relationship exception will allow many organizations to continue their electronic marketing communica- tions, but they will have to do so . . . follow- ing specific rules related to an unsubscribe process, and they will have to carefully manage the time periods for the definition of a business relationship," says Kardash. The wide implications were not lost on Parliament as it discussed the bill tabled by the Conservative government. Both the NDP and Liberals asked for further clarifications due to cost con- cerns and making sure large, obvious offenders are targeted instead of legiti- mate businesses. "There are all kinds of booby traps in this legislation," NDP MP Charlie Angus told Parliament as it dis- cussed the law. "Legislation always has unintended consequences. If we do not do the due diligence, we end up using a hammer to whack a bunch of little pieces all over the place without necessarily get- ting what we wanted." Federal Industry Minister Tony Clement says the legislation is meant to deter the most damaging and deceptive spam and other online threats and cre- ate a safer online marketplace for both individuals and businesses. "Our gov- ernment took action through this leg- islation to reduce a considerable threat to electronic commerce in this country," says Clement. While the obvious large offenders Angus and Clement are talking about are the ones filling inboxes with offers for cures for erectile dysfunction and fake Rolex watches, the type of shady messag- es that make up the vast majority of spam (at one point last year, nine out of every 10 messages clogging up some e-mail networks were spam), Bill C-28 will have a major effect on legitimate businesses that send large amounts of communica- tions. "I think that once companies start to examine their marketing practices and their e-mailing practices, they will start to discover that they are going to have to change some things in all likelihood looking forward — even if they don't consider themselves to be spammers," says Elder. Law firms, for example, will routinely send out communications to a client list, but under the new legislation they will have to verify they are only sending these to clients active in the past two years or people who asked for the bulletins. "People need to take a step back and come up with an inventory of commu- nications that they are allowed to send out," adds Elder. But what makes the Canadian law interesting, perhaps because it comes seven years after its American counter- part — an eternity in the Internet age — is how much stricter and all encompass- ing it is than the U.S. CAN-SPAM Act. "This piece of legislation is above and beyond what we saw in the U.S.," says Roland Hung, a lawyer with Gowling Lafleur Henderson LLP in Calgary. "If this is not one of the most stringent ELECTRONIC DOCUMENTS RECORDS MANAGEMENT, E-DISCOVERY AND TRIAL Editors: Bryan Finlay Q.C., Marie-Andrée Vermette and Michael Statham With contributions from: Caroline Abela, Stephen Doak, Paul D. Guy, Nikiforos Iatrou, Stephanie L. Turnham, David Vitale and John Wilkinson EFFECTIVELY NAVIGATE THE LEGAL CHALLENGES POSED BY ELECTRONIC DOCUMENTS Electronic data is modifying how lawyers interact, changing how information is collected and used, and transforming the courtrooms. This in-depth resource examines and analyzes the issues relating to electronic documents, including: Looseleaf • $210 Subscription updates invoiced as issued (1/yr) P/C 0283030000 ISSN 1920-1737 Prices subject to change without notice, to applicable taxes and shipping & handling. CANADA LAW BOOK® CL0311 44 M A RCH 2011 www. CANADIAN Lawyermag.com • • • • • the sources and types of electronic documents records management policies the legal framework governing e-discovery in Canada the preservation, collection, processing, review and production of electronic documents the use of electronic evidence at trial Visit canadalawbook.ca or call 1.800.565.6967 for a 30-day no-risk evaluation