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Comment: Re:It looks like a response to anti spam laws (Score 0) 145

by randm.ca (#47346007) Attached to: Microsoft Suspending "Patch Tuesday" Emails
No, they are likely exempt. Being 100% security related is only an exception for one of the two conditions.

And as stated before, ads are not the only thing that can cause a message to be deemed a commercial electronic message, so it's not as simple as "do we have ads? no? then it must be ok to send".

If it's easier for you to blame Microsoft than to realize this legislation is a real problem for many organizations, then that's cool, you're entitled to your opinion and I'll stop trying to change it.

Comment: Re:It looks like a response to anti spam laws (Score 0) 145

by randm.ca (#47345775) Attached to: Microsoft Suspending "Patch Tuesday" Emails
If they're 100% security related, then they likely are exempt. The problem for Microsoft is making sure that they currently are 100% security related, and continue to be 100% security related in the future. The second they introduce non-security related content of a "commercial character", the law applies.

Comment: Re:It looks like a response to anti spam laws (Score 0) 145

by randm.ca (#47345415) Attached to: Microsoft Suspending "Patch Tuesday" Emails
The problem is the FAQ gives a non-exhaustive list of examples. It's pretty much impossible to tell what is covered and what is not because the definition of Commercial Electronic Message depends on the definition of Commercial Activity, which in turn depends on the definition of Commercial Character, which is not defined.

(I just posted relevant quotes in a message above this one if someone wants quick reference for the two definitions).

Comment: Re:It looks like a response to anti spam laws (Score 0) 145

by randm.ca (#47345389) Attached to: Microsoft Suspending "Patch Tuesday" Emails
CASL covers much more than just that. It covers all types of commercial electronic messages, where CEMs are defined as:

For the purposes of this Act, a commercial electronic message is an electronic message that, having regard to the content of the message, the hyperlinks in the message to content on a website or other database, or the contact information contained in the message, it would be reasonable to conclude has as its purpose, or one of its purposes, to encourage participation in a commercial activity.

Then "commercial activity" is defined as:

"commercial activity" means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, whether or not the person who carries it out does so in the expectation of profit, other than any transaction, act or conduct that is carried out for the purposes of law enforcement, public safety, the protection of Canada, the conduct of international affairs or the defence of Canada.

Then there is no definition of "commercial character" so you're at a dead end. If you call in and ask, they say they have no clue, it'll be up to the courts to sort it out if/when lawsuits are filed.

Comment: Re:Unknown Lamer, that's not how justice works (Score 0) 225

by randm.ca (#43732759) Attached to: Federal Judge Dismisses Movie Piracy Complaint

But, no, you're not going to be sent to prison for years over a $49 theft.

Tell that to Issac Ramirez. Sure, it was a $199 VCR and not a $49 whatever, but yes with some of those crazy three strikes laws you may find yourself in prison for some pretty stupid reasons. http://en.wikipedia.org/wiki/Three-strikes_law#Cases

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