Post Tagged with: "ISP"

Bell Media - Ottawa by Obert Madondo (CC BY-NC-SA 2.0) https://flic.kr/p/qJYGtC

An Industry Divided: How Bell Broke With the Telecom Sector on Copyright

The news that Bell has called on the Canadian government to support radical copyright reform in NAFTA that includes North America-wide mandatory website blocking (to be overseen in Canada by the CRTC) and the full criminalization of copyright represents only the latest step in the transformation of the company into one of Canada’s most aggressive copyright lobbyists and litigators. The Bell proposals go beyond what even the CACN, Canada’s anti-counterfeiting lobby group, has recommended. While copyright lobbying has been led for years by the movie and music industries, Bell has now broken with most other communications companies on copyright policy with policies barely distinguishable from the RIAA or MPAA. In recent years, it has argued against VPN use, used the courts to target a wide range of sites and services, lobbied for copyright reform in trade deals, and become the only telecom company in the world to join the Alliance for Creativity and Entertainment.

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September 25, 2017 13 comments News
GAMBLING by JulieFaith (CC BY-NC-ND 2.0) https://flic.kr/p/9vjSHP

The Trouble With the TPP, Day 35: Gambling With Provincial Regulation

Last year, the Quebec government introduced legislation that would require Internet service providers to block access to unlicensed online gambling sites. It provides that “an Internet service provider may not give access to an online gambling site whose operation is not authorized under Québec law.” The Quebec bill, which is currently before the provincial legislature, is a terrible idea that has been opposed by ISPs and consumer groups. The government views this initiative as a revenue enhancing measure because it wants to direct gamblers to its own Espacejeux, the Loto-Québec run online gaming site. The mandated blocking legislation is unprecedented in Canada and if enacted, it will surely be subject to legal challenge, including the possibility of a constitutional challenge.

The legal challenge may not be limited to constitutional issues, however. The Quebec bill may also be blocked by the TPP, which may be a good outcome, but raises the question of whether a trade agreement is the right way to dictate provincial laws.

How might the TPP apply to provincial online gambling regulation?

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February 22, 2016 4 comments News
copyright takedown notice by Andrew Allingham (CC BY 2.0) https://flic.kr/p/bw9zNC

The Trouble with the TPP, Day 4: Copyright Notice and Takedown Rules

The Trouble with the TPP series focuses today on the TPP’s effort to regulate how Internet providers and hosts address allegations of copyright infringement on their networks and sites (prior posts include Day 1: US Blocks Balancing Provisions, Day 2: Locking in Digital Locks, Day 3: Copyright Term Extension). The goals of the U.S. and Canadian government in the negotiations were clear from the outset: the U.S. wanted to export its DMCA notice-and-takedown system to the rest of the TPP, while Canada wanted to preserve its newly created notice-and-notice approach (more on the notice-and-notice system, which does a better job of striking a balance and preserving user privacy, here). In fact, Canada rushed through the notice-and-notice system without regulations (causing major problems of misleading notices) in order to argue that it should not be required to adopt the U.S. approach.

The end result is a compromise that allows Canada to maintain notice-and-notice, but no other TPP country can adopt it in order to comply with the ISP liability and notice rules. The Canadian rules can be found in Annex 18-E, which states that the standard TPP ISP rules do not apply to a country that meets the conditions of the annex “as from the date of agreement in principle of this Agreement.” Since that date is now long passed (October 4, 2015), no other TPP country can implement the notice-and-notice system to meet its TPP obligations. It should be noted that Chile, which objected to the special treatment for Canada, obtained a similar exception for its system based on the U.S. – Chile Free Trade Agreement in Annex 18-F.

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January 7, 2016 5 comments News
Gambling by Alan Cleaver (CC BY 2.0) https://flic.kr/p/4ntZz8

Quebec Bets on Internet Blocking: New Bill Mandates ISP Blocking of Gambling Websites

The Government of Quebec has introduced new legislation that requires Internet service providers to block access to unlicensed online gambling sites. The provisions are contained in an omnibus bill implementing elements of the government’s spring budget, which included a promise to establish website blocking requirements. The bill provides that “an Internet service provider may not give access to an online gambling site whose operation is not authorized under Québec law.” The government’s lottery commission will establish the list of banned websites:

“The Société des loteries du Québec shall oversee the accessibility of online gambling. It shall draw up a list of unauthorized online gambling sites and provide the list to the Régie des alcools, des courses et des jeux, which shall send it to Internet service providers by registered mail.

According to the law:

“An Internet service provider that receives the list of unauthorized online gambling sites in accordance with section 260.35 shall, within 30 days after receiving the list, block access to those sites.

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November 13, 2015 25 comments News
07290067 by SumOfUs (CC BY 2.0) https://flic.kr/p/wGpjox

Canada Caves on Copyright in TPP: Commits to Longer Term, Urge ISPs to Block Content

The final Trans Pacific Partnership intellectual property chapter leaked this morning confirming what many had feared. While the Canadian government has focused on issues like dairy and the auto sector, it caved on key copyright issues in the agreement. As a result, works will be locked out of the public domain for decades at a cost to the public of hundreds of millions of dollars. Moreover, the government will “induce” Internet providers to engage in content blocking even where Canadian courts have not ruled on whether the content infringes copyright. As a result (and as expected – this was raised years ago), the government’s “made in Canada” approach to copyright – which it has frequently touted as representing a balanced approach – faces a U.S. demanded overhaul.  In fact, even as other countries were able to negotiate phase-in periods on copyright changes, the Canadian negotiators simply caved.

The biggest change is a requirement to extend the term of copyright from life of the author plus 50 years to life plus 70 years. The additional 20 years will keep works out of the public domain for decades. The New Zealand government estimates that this change alone will cost NZ$55 million per year for a country that is one-ninth the size of Canada. Moreover, New Zealand was able to negotiate a delayed implementation of the copyright term provision, with a shorter extension for the first 8 years. It also obtained a clear provision that does not make the change retroactive – anything in the public domain stays there. Malaysia also obtained a delay in the copyright term extension requirement.

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October 9, 2015 55 comments News