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    Canadian Chamber of Commerce Attacks Anti-Spam Law: Challenges the Law's Opt-In Requirement

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    Friday February 08, 2013
    For the past two days I've called attention to the shocking demands by business groups, including the Canadian Chamber of Commerce, the Canadian Marketing Association, and the Entertainment Software Association of Canada, to legalize spyware by permitting the secret installation of computer programs to monitor activities of Canadians suspected a potential contravention of the law (including laws such as copyright or any foreign law) or unauthorized use of a computer system (including wireless networks).

    The Canadian Chamber of Commerce added its own submission to the government's consultation on the anti-spam regulations. The Chamber's key concern is the very foundation of the law: opt-in consent that requires businesses to obtain consent before sending commercial electronic messages (subject to a wide range of exceptions). The Chamber says:


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

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    Thursday February 07, 2013

    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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    Canadian Chamber of Commerce Justifies Fake Counterfeit Claims With More False Numbers

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    Friday June 10, 2011
    Earlier this week, I posted on how the Canadian IP Council, the Canadian Chamber of Commerce's IP lobby arm, floated false claims about the scope of counterfeiting in Canada in an attempt to bolster claims for increased border measures. That was followed by a post yesterday on Professor Edward Iacobucci's debunking of the Chamber's report on Canadian patent law, which he found to be deeply flawed. In response to my first post, the IP Council's Chris Gray tweeted responses that the Chamber does not want individual travellers searched and that its claim of $30 billion in losses from counterfeiting in Canada comes from a recent International Chamber of Commerce report.

    The retraction on border searches of travellers is good news, though the Chamber should seek to publicly correct the Globe and Mail, which reported otherwise. Moreover, given that some of its members have publicly stated their opposition to the de minimis provision in the Anti-Counterfeiting Trade Agreement - GlaxoSmithKline has said the exclusion of traveller's luggage "sends out an entirely inappropriate message" - its position on the issue may not be cast in stone.

    Even more notable is the suggestion that the Canadian Chamber of Commerce is now basing its $30 billion counterfeiting claim on the 2011 International Chamber of Commerce report.


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    Canadian Chamber of Commerce Floats Fake $30 Billion Counterfeiting Claim

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    Wednesday June 08, 2011
    This week the Canadian IP Council, the Canadian Chamber of Commerce's IP lobby arm, issued a release placing Canadian counterfeiting costs at $30 billion per year. That figure is being used to lobby the government to enact new border measure provisions that could lead to the searching of luggage as travellers enter Canada. It is tempting to dismiss the claims on the basis that the policy rationale makes no sense - if counterfeit toothpaste is indeed "coming across the border in droves" as the Chamber claims, searching traveller luggage won't address that issue. Moreover, it should be noted that even the Anti-Counterfeiting Trade Agreement features an exception for de minimis imports that an individual might carry as it recognizes that addressing counterfeiting concerns does not involve targeting individuals. Yet given the decision to resurrect the bogus $30 billion figure, it is important to again call attention to its origins and how it is simply a fabrication.

    [Update: New post with the Chamber's response and more fake figures]

    Several years ago I examined the source of the $30 billion claim, which has been repeated on many occasions over the years. The review started with an Access to Information request with the RCMP for the source of the $30 billion claim, which was found in a 2005 report. The RCMP responded that the figure was based on "open source documents found on the Internet." What were these documents? The RCMP provided two:

    First, a March 2005 CTV news story reported unsubstantiated claims by the International Anti-Counterfeiting Coalition, a global anti-counterfeiting lobby group made up predominantly of brand owners and law firms, that some of its members believe that 20 percent of the Canadian market is "pirate product."  That 20 percent figure - raised without the support of any evidence whatsoever - appears to have been used by IACC to peg the cost of counterfeiting in Canada at $20 billion per year.

    Second, a 2005 powerpoint presentation by Jayson Myers, then the Chief Economist for the Canadian Manufacturing and Exporters, included a single bullet point that "estimated direct losses in Canada between $20 billion and $30 billion annually." The source for this claim?  According to Mr. Myers, it is simply 3 to 4 percent of the value of Canada's two-way trade.

    In recent years, the RCMP has backed away from the $30 billion claim. In its August 2010 report on IP crime, it declined to set a figure, acknowledging that the numbers "have been subject to debate in recent years."

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