The United Nations Special Rapporteur on the promotion and protection
of the right to freedom of opinion and expression has released an important
new report
that examines freedom of expression on the Internet. The report
is
very critical of rules such as graduated response/three strikes,
arguing that such laws may violate the International
Covenant on Civil and Political Rights
(Canada became a member in 1976). Moreover, the report expresses
concerns with notice-and-takedown systems, noting that it is subject to
abuse by both governments and private actors.
On the issue of graduated response, the report states:
he is alarmed by proposals to
disconnect users from Internet access if they violate intellectual
property rights. This also includes legislation based on the concept of
“graduated response”, which imposes a series of penalties on copyright
infringers that could lead to suspension of Internet service, such as
the so-called “three strikes-law” in France and the Digital Economy Act
2010 of the United Kingdom.
Beyond the national level, the
Anti-Counterfeiting Trade Agreement (ACTA) has been proposed as a
multilateral agreement to establish international standards on
intellectual property rights enforcement. While the provisions to
disconnect individuals from Internet access for violating the treaty
have been removed from the final text of December 2010, the Special
Rapporteur remains watchful about the treaty’s eventual implications
for intermediary liability and the right to freedom of expression.
In light of these concerns, the report argues that the Internet
disconnection is a disproportionate response, violates international
law and such measures should be repealed in countries that have adopted
them:
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Government House Leader Peter Van Loan has set
out
the government's legislative agenda over the coming month. Van Loan
announced that the omnibus crime bill, which is expected to include
lawful access, will not be introduced until the fall.
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The U.S. National Academies Press, the publishing arm of the National
Academies of Sciences and Engineering, the Institute of Medicine, and
the National Research Council, has announced
that it will offer its entire catalog of 4,000 books free online.
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Meera Nair has crafted an excellent
open letter to Prime Minister Stephen Harper urging the government
to implement a fair use provision in the Copyright Act.
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