As we have noted in previous posts (
here), the Canadian Radio-television and Telecommunications
Commission (CRTC) has repeatedly highlighted its work with its
international counterparts to combat spam and unlawful
telemarketing, among other communications "threats".
The laws administered by the agencies – the FTC Act and
CASL, respectively – both contemplate sharing
information with foreign enforcement agencies under certain
conditions. The new MOU recognizes that it is in the
FTC's and the CRTC's "common public interest"
to extend support across the border where this
will assist investigation and enforcement efforts,
cooperate with respect to the enforcement against Covered
Violations, including sharing complaints and other relevant
information and providing investigative assistance;
facilitate research and education related to unauthorized
telemarketing and unauthorized telephone calls;
facilitate mutual exchange of knowledge and expertise
through training programs and staff exchanges;
promote a better understanding by each Participant of
economic and legal conditions and theories relevant to the
enforcement of the Applicable Laws; and
inform each other of developments in their respective
countries that relate to this Memorandum in a timely
Accordingly, the FTC and CRTC will share information, provide
investigative assistance, and coordinate enforcement against
cross-border violations that both sides agree are priority
The announcement is timely in at least one
sense. Industry stakeholders in Canada have complained
that the CRTC's publicized enforcement activity to date has
focused largely on Canadian companies that have made mistakes
in implementing CASL's complex compliance requirements.
There has been comparatively little visibility around the
CRTC's efforts to "drive spammers out of Canada" – one
of CASL's primary objectives.
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