Archive for July 28th, 2008

61 Reforms to C-61, Day 27: TPMs – Encryption Research Exception Restricts Peer Review

Bill C-61's encryption research exception also potentially creates a restriction on peer review, an essential part of the scientific process.  The current exception at Section 41.13(3) provides that circumvention devices (ie. software programs) may be distributed if for the purpose of encryption research and the researcher:

(a) uses that technology, device or component only for that purpose; or
(b) provides that technology, device or component only for that purpose to another person who is collaborating with the person

In other words, a circumvention device distributor can provide it to an encryption researcher and the researcher can provide it to other researchers with whom they are collaborating.  While this covers access to circumvention devices for encryption researchers and their research team, it would not appear to cover non-affiliated researchers who might be asked to conduct peer review on the encryption research.

Read more ›

July 28, 2008 5 comments News

Liberal MP Marlene Jennings on C-61

Liberal MP Marlene Jennings, who serves as the party's deputy house leader, has been sending the following letter to concerned constituents about Bill C-61.  The letter, which is the most substantive that I have seen, is posted in its entirety with permission.

Thank you for your letter concerning Bill C-61, An Act to amend the Copyright Act. Over the last few months I have made a concerted effort to better inform myself of all of the issues associated with copyright reform in Canada. In this vein, I joined the Intellectual Property (IP), Anti-Counterfeiting and Anti-Piracy Parliamentary Caucus.  Through the meetings and consultations held by this group I came to the conclusion that reform of our copyright legislation will, I hope, have the following principles at its core:

1) Anti-circumvention measures and penalties must be linked to the efforts of those who violate copyright for commercial purposes, and not just the technology itself;

2) Provisions for flexible fair dealing. Fair dealing creates a limited number of exceptions, including private study, research, criticism, review and news reporting to charges of infringement.

3) It would also incorporate a fair and well defined 'notice and notice' system, which involves a notification from a copyright holder – often involving movies, software or music – claiming that a subscriber has made available or downloaded content without authorization on file sharing systems.  The Internet Service Provider forwards the notification to the subscriber but takes no other action – it does not pass along the subscriber's personal information, remove the content from its system, or cancel the subscriber's service.  It falls to the subscriber to remove the infringing content (if indeed it is infringing) voluntarily.

Read more ›

July 28, 2008 12 comments News

Liberal MP Marlene Jennings on C-61

Liberal MP Marlene Jennings, who serves as the party's deputy house leader, has been sending the following letter to concerned constituents about Bill C-61.  The letter, which is the most substantive that I have seen, is posted in its entirety with permission.

Thank you for your letter concerning Bill C-61, An Act to amend the Copyright Act. Over the last few months I have made a concerted effort to better inform myself of all of the issues associated with copyright reform in Canada. In this vein, I joined the Intellectual Property (IP), Anti-Counterfeiting and Anti-Piracy Parliamentary Caucus.  Through the meetings and consultations held by this group I came to the conclusion that reform of our copyright legislation will, I hope, have the following principles at its core:

1) Anti-circumvention measures and penalties must be linked to the efforts of those who violate copyright for commercial purposes, and not just the technology itself;

2) Provisions for flexible fair dealing. Fair dealing creates a limited number of exceptions, including private study, research, criticism, review and news reporting to charges of infringement.

3) It would also incorporate a fair and well defined 'notice and notice' system, which involves a notification from a copyright holder – often involving movies, software or music – claiming that a subscriber has made available or downloaded content without authorization on file sharing systems.  The Internet Service Provider forwards the notification to the subscriber but takes no other action – it does not pass along the subscriber's personal information, remove the content from its system, or cancel the subscriber's service.  It falls to the subscriber to remove the infringing content (if indeed it is infringing) voluntarily.

Read more ›

July 28, 2008 Comments are Disabled Stop CDMCA

Australian Principles for ACTA

Kim Weatherall notes new principles developed by a cross-section of Australian interests to guide that country's ACTA negotiators.

Read more ›

July 28, 2008 Comments are Disabled Must Reads

CIPPIC Files More Complaints Over DPI

CIPPIC has filed several more complaints over the use of deep-packet inspection by Canadian ISPs and asked the Privacy Commissioner to investigate ISP use of DPI for behavioural targeting.

Read more ›

July 28, 2008 2 comments Must Reads