Canada prohibits the installation of software updates without the user's express consent.
In an effort to curb the distribution of malware, the Canadian government has imposed legislation that prohibits businesses from installing software on a user's computer system without the user's explicit consent.
The law is part of Anti-Spam (CASL) legislation and has been in effect since January 2015. It addresses businesses that install or cause programs to be installed on another person's device in the course of their commercial activity.
Exceptions to the rule CASL has no effect in cases where users decide themselves to add the software to their devices, such as computers, mobile phones or tablets.
Specifically, "under CASL, a website is prohibited from automatically installing software on a visitor's computer without their consent, or updating software without the user's consent."
There are some exceptions to the law, which refer to cookies and JavaScript (as long as they are already enabled in the browser), HTML, operating systems, or programs added through another program that has already received permission from the user.
On the same note, telecommunications service providers are allowed to add software designed to address risks related to their network against an identifiable threat. The same applies to updates or upgrades of these operators.
Regarding updates from other manufacturers, the user's consent is required, but only if no prior agreement has been obtained regarding this activity.
Running the function in the background, as is the case with Google Chrome, Mozilla Firefox , and Adobe Flash Player, is prohibited without prompting the user, at least initially.
CASL legislation also applies when a program causes the installation of other software that could have a malicious purpose. A clarification for this has been provided:
“Sometimes, malware is installed along with other software. For example, a free Tic Tac Toe app may include hidden malware that is not revealed to the user. In this case, the user will install the Tic Tac Toe app and so CASL will not apply. However, CASL will apply to the installation of the malware since the creator of the app will cause it to be installed.”
The legislation also targets programs hidden on media that run automatically when a disk is plugged into a computer system. In this case, the seller must inform the user and obtain their consent.
It is worth mentioning that the new legislation only applies to businesses and users located in Canada.
