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Michael Geist's Blog

Canadian Business Groups on Anti-Spam Jurisdiction: It's a Problem Unless It Involves Our Spyware

Yesterday's post on the coalition of business lobby groups support for a spyware provision in the Canadian anti-spam law attracted considerable attention, with many shocked at the breadth of the proposal. While the post focused on how the provision could be broadly interpreted to permit spyware to track copyright infringement, block websites, or to stop attempts to access wireless networks without authorization, it did not discuss yet another serious concern involving the jurisdictional scope of the provision. As noted in the post, the lobby groups, led by the Canadian Chamber of Commerce, the Canadian Marketing Association, the Canadian Wireless Telecommunications Association and the Entertainment Software Association of Canada, have asked the government to create an exception for the express consent requirement on software installation for:



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Competition Bureau to the CRTC on Wireless Code: Be Bolder

The Competition Bureau yesterday posted its submission to the CRTC on its draft wireless code.  The key message from the Bureau: be bolder. The Bureau expresses concern with the competitiveness of the wireless telecom sector in Canada:

certain impediments continue to diminish the effect of competitive forces in this industry. First, certain industry practices have tended to impose costs on consumers who wish to avail themselves of competitive alternatives. Second, consumers are not always provided with sufficient information in an adequately clear manner to make informed purchase decisions. These features can deprive consumers, competitors, and the Canadian economy of the beneficial effects of competition in this industry, namely lower prices, higher quality service, and greater innovation. This submission provides recommendations on how the Wireless Code can minimize the effect of these impediments.


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