The deadline for comments on Industry Canada's draft anti-spam regulations
passed earlier this week with a group of 13 industry associations -
including the Canadian Chamber of Commerce, the Canadian Marketing
Association, the Canadian Wireless Telecommunications Association and
the Entertainment Software Association of Canada - submitting a lengthy document that, if adopted, would gut much of the law. The groups adopt radical
interpretations of the law to argue for massive new loopholes or for the
indefinite delay of several provisions. I will focus on some of the
submissions shortly, but this post focuses on the return of an issue
that was seemingly killed years ago: demands to permit surreptitious
surveillance by the copyright owners and other groups for private enforcement purposes.
During the anti-spam law debates in 2009, copyright lobby groups promoted amendments that would have allowed for expansive surveillance of user computers. Coming on the heels of the Sony rootkit scandal, the government ultimately rejected those proposals (the Liberals had plans to propose such amendments but backed down),
leaving in place an important provision that requires express consent
prior to the installation of computer software. The provision states:
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