Electronic Commerce in Canada

7. Coordinating Future Action

Stopping Spam: Creating a Stronger, Safer Internet
Report of the Task Force on Spam
May 2005

The Challenge

Success in implementing Canada's multistakeholder, multifaceted strategy for combatting spam and related threats to Internet security requires a highly synchronized, coordinated approach to spam prevention and enforcement. In enforcement, in particular, the work of the Task Force on Spam has revealed the need for more effective communications, cooperation and collaboration, as there are many law enforcement and regulatory bodies, each with partial responsibility for fighting spam.

The toolkit approach was adopted because of the complex nature of the spam problem. This complexity will not change after the Task Force completes its mandate. Going forward, the government and other stakeholders will face the same set of challenges that led to the establishment of the Task Force. Examples of these challenges include the following:

There will be continuing issues surrounding the enforcement of anti-spam laws, including coordination between different agencies and different jurisdictions, the need for adequate technical expertise to conduct investigations and the availability of dedicated resources to successfully prosecute perpetrators.
ISPs and other network operators will have a continued need to share information on best practices and effective strategies to counter emerging threats, as well as to develop sound metrics to measure the scope of the spam problem in Canada and the effectiveness of anti-spam measures.
Canada's Internet users will have an ongoing need for reliable, accurate information on how to protect themselves from spam and the deceptive, malicious and fraudulent practices associated with spam. They will also continue to need a focal point where complaints can be made through a simple process.
There will be a continuing and increasing need to coordinate participation by Canadian stakeholders in the international fight against spam.

Task Force Actions

Taking into account its own experience and the experiences of other countries, the Task Force on Spam came to the conclusion that, in order to respond successfully to spam-related challenges, the Government of Canada must establish or designate a focal point or centre to lead the fight against spam and related threats. This centre should be responsible for two main functions: policy oversight and coordination, and support to enforcement agencies.

To be an effective focal point for ongoing policy development and coordination, the Task Force believes the centre should have the mandate and resources to:

develop policy approaches to deal with the issue of spam and related threats – including through monitoring and analyzing issues, and maintaining ongoing consultations with key stakeholders;
collect and compile information and statistical data for measuring and benchmarking the scope of the spam problem in Canada and the effectiveness of anti-spam measures, including the two sets of best practices developed by the Task Force and the "Stop Spam Here / Arrêtez le pourriel ici" campaign;
provide the public with information and other resources, as well as support and referral services, to help Canadians keep themselves safe from spam; and
encourage international and domestic public and private sector and academic collaboration in the fight against spam.

In order to effectively support a nationally and internationally coordinated approach to anti-spam law enforcement, the Task Force believes the centre should have the mandate and resources to:

receive, analyze and refer complaints from the public about spam and related activities;
refer cases and supporting evidence to the appropriate law enforcement or regulatory agencies; and
provide technical expertise in support of prospective and ongoing investigations.

The Task Force examined a number of possible organizational models, including Canadian models, such as PhoneBusters and the National Child Exploitation Coordination Centre, and U.S. models, such as Operation Slam Spam and the AntiPhishing Working Group. However, it was clear from our examination that none of these models would meet all of the requirements associated with the centre's dual mandate as we envision it.

Essentially, three different options exist for establishing such a centre:

creating a new public-private partnership outside of government;
locating the centre in a federal government department; or
assigning the responsibilities to an existing regulatory agency.

Since the Minister of Industry would be responsible for anti-spam legislation, the Task Force has come to the conclusion that establishing the centre under Industry Canada would be the preferred approach. In our view, a body attached to a federal department would be best positioned to perform the necessary policy oversight, coordination and advisory functions most effectively.

Moreover, the need for active ongoing collaboration with the private sector to operate the "Spam Freezer" and exchange spam information in real time might be more easily met by a departmental body rather than by an agency with a regulatory or semijudicial role. In that context, the Task Force underlines the importance of involving the private sector in the operation of the centre, and including industry and consumer voices in its governance.

Recommendations

It is clear that a multistakeholder toolkit approach to fighting spam will not work over the longer term unless there is a body of some kind that has the responsibility, the authority and the technical resources required to coordinate this fight.

It is also clear that it will be necessary for the Government of Canada to periodically review the extent to which stakeholders have implemented the Task Force's recommendations, measure the success of the multistakeholder approach in reducing spam and assess the effectiveness of Canada's anti-spam strategy in light of emerging threats.

We therefore recommend the following:

Recommendation 21:

In order to carry forward the multifaceted, multistakeholder approach that has been developed by the Task Force on Spam, and to provide a focal point for facilitating the implementation of its recommendations, the federal government should establish a centre, reporting to the Minister of Industry, responsible for policy oversight and coordination, public education and awareness, and providing support to enforcement agencies.

Recommendation 22:

The federal government, through this coordinating body, should monitor the impact of the implementation of the Task Force's recommendations; evaluate the results; provide regular public reports; and, in consultation with stakeholders, take whatever additional measures are necessary to combat spam.

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