The second reading debate on Bill C-11 will conclude today with the
bill headed to committee for further hearings and possible amendment.
Yesterday, the Globe published an opinion
piece
by Peter Nowak that juxtaposes the widespread consultation on copyright
reform in Canada with digital lock provisions that "wilfully ignores"
public opinion. Nowak notes how the U.S. ultimately responded to public
concern in stopping SOPA, while the same appears to be happening in
Europe as protests over the Anti-Counterfeiting Trade Agreement continue to grow
(there are continent-wide protests
planned for February 11th).
One of my posts this week focused on
concerns
that Industry Minister Christian Paradis has said he cannot speculate
on how Bill C-11's digital lock rules will be enforced. The post
identifies numerous examples of how the rules could harm creators,
students, researchers, consumers, and even the visually impaired
(further background information on Bill C-11 here and here).
Yet these concerns are not new and have been raised for several years.
Indeed, it is instructive to see how the public concern over the
digital lock rules and now possible inclusion of SOPA-style amendments
has mushroomed over the years.
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Latvia has become the latest European country to freeze
ratification of the Anti-Counterfeiting Trade Agreement and Germany
has said
it will await the European Parliament vote before deciding whether to
sign the agreement. The moves comes as the mainstream media takes
increasing notice of the ACTA protests (coverage from the Economist here)
and continent-wide protests are
planned for Saturday.
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The Supreme Court of Canada has ruled
that Internet providers are not broadcasters for the purposes of the
Broadcasting Act when they simply transmit content to
subscribers. The
court noted "when providing access to the Internet, which is the only
function of ISPs placed in issue by the reference question, they take
no part in the selection, origination, or packaging of content. We
agree with Noël J.A. that the term 'broadcasting undertaking' does
not
contemplate an entity with no role to play in contributing to the
Broadcasting Act's policy objectives." ACTRA vowed
not to give up and continue to find ways to force ISPs to make
financial contributions to new media creation.
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Christopher Parsons has posted an exceptional
new report
on Lawful Access and Data Preservation/Retention which contrasts
policies and experiences in several jurisdictions, providing a timely
contribution to the Canadian lawful access debate. The report comes as
rumours circulate the bill will be introduced next week.
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