And.......
 
People/Businesses outside of Canada give zero craps lol.....   
Just for craps and giggles time to add a button when creating an account
 
[I agree that I don't live in Canada] 
 
lol
 

Our first question was - does this affect WSA? 🙂

This is stupid: @ best for legal to look into this but since I use VoodooShield I always get a Prompt before updating so I can click yes or no. LOL
 
A previously installed app offers an update, and the individual installs the update. (However, if the app installs the update in the background, without prompting or informing the user, then CASL would apply. More information about updates and upgrades is available in part 5 of this guidance.
 
You can update or upgrade computer programs until January 15, 2018 if the program was installed on the device or computer system prior to January 15, 2015. (See more details later in this guidance.)
 

What about software that was installed before January 15, 2015?

Under CASL, if a computer program was installed on a person's computer system before January 15, 2015, the person's consent to the installation of an upgrade or update is implied until January 15, 2018, unless the person notifies you that they no longer consent to the installation of future updates or upgrades.
If you obtained valid express consent prior to January 15, 2015, you will be able to rely on that express consent for the purpose of section 8 of the Act.  It is important to note that the onus of proving consent rests with the person installing the computer program.

Do I need consent for upgrades or updates and, if so, how do I get it?

Yes, you need consent to install updates or upgrades. There are several options to obtain consent:

1. When you get the initial consent to install the original computer program, you can also seek consent for all future updates and upgrades.
2. Consent can be assumed for updates and upgrades to the specified computer programs discussed above (listed in section 10(8) of CASL, e.g., cookies and operating systems)
3. If the program was self-installed by the device owner or authorized user and you didn't get consent for updates or upgrades at the time of original installation, you will need to seek consent to install any updates or upgrades. You can do this in the same way that you would generally seek consent to install software.
4. You can update or upgrade computer programs until January 15, 2018 if the program was installed on the device or computer system prior to January 15, 2015. (See more details later in this guidance.)

For example, if a person installs an app from an app store on their own device, CASL would not apply. As a result, their consent for future updates may not have been requested by the app developer. If the software developer wishes to install an update to the app at a later date, they must obtain the person's consent to do so. Alternatively, when the user self-installs the app, the developer can use that opportunity to request consent to automatically install future updates.
 
10
Person considered to expressly consent(8) A person is considered to expressly consent to the installation of a computer program if

• (a) the program is [list]
• (i) a cookie,
• (ii) HTML code,
• (iii) Java Scripts,
• (iv) an operating system,
• (v) any other program that is executable only through the use of another computer program whose installation or use the person has previously expressly consented to, or
• (vi) any other program specified in the regulations; and

(b) the person’s conduct is such that it is reasonable to believe that they consent to the program’s installation.
[/list]

So PUA's are in a bad place here in Canada!

 
Daniel 😃

And I thought that David Cameron (British Prime Minister...for those that might have to ask) was loony when he announced his pledge to ban encryption of emails...but heaven help us if he here's about this and decides to imitate this.  Talk about 'the nanny state'...LOL.
 
And I would love to know how they are going to try and enforce this?
 

Can they enforce it though? There are just so many downloads and installations of software, both programs and updates. It will be a nightmare OR a huge money earner for some quango.

Well, Jasper...they can try and do it badly, and thereafter involve/persecute innocent people...that is always the way and that is what the true targets of the legislation hope...so that eventually governments will have to give up on things like that or risk the wrath of Joe Public. :(

Who knows how about malware itself are you consenting to install malware? :@  :D
 
It's all a big Joke really.
 
Daniel ❤️

Yeppers...a REAL Blooper IMHO.