Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh
My weekly technology law column (Toronto Star version, homepage version) notes that Bell’s targeted advertising program, which creates customer profiles that include age, gender, account location, credit score, pricing plan, and average revenue per user, generated controversy from the moment it was announced in October 2013. The communications giant maintained that it complied with Canadian privacy laws, yet many clearly disagreed as the Privacy Commissioner of Canada received an unprecedented barrage of complaints.
For the past few months, I’ve received daily emails from people who have been sent a copyright infringement notification as part of Canada’s notice-and-notice system. Most of the notifications come from CEG-TEK, a U.S.-based anti-piracy firm. Canadian Internet providers are now required by law to forward these notifications and CEG TEK has been taking advantage of a loophole in the system to include a settlement demand within the notification. Some of the recipients claim that the notification has been sent in error. Others say that they have received multiple notifications for a single download. In some cases, the recipient has clicked on the settlement demand link, while in others the person has called the company and revealed their identity. In virtually every case, they are looking for advice on what to do.
My typical response has been to point to my earlier posts on the issue that have explained Canada’s notice-and-notice system, the misuse of the system by rights holders in sending misleading information about Canadian copyright law, the government’s failure to stop the inclusion of settlement demands within the notices, and the massive expansion in the number of notices with the arrival of CEG TEK. I also point to Industry Canada’s page on the notice-and-notice system, which provides the government’s perspective on the issue. These resources can be helpful, but what most people really want to know is whether they should pay the settlement or ignore it. I don’t condone infringement but I believe that the misuse of the notice and notice system is extremely problematic. Moreover, I certainly think people that did not infringe copyright should not pay a settlement demand. I’m unable to provide specific legal advice, but I can provide more information that may assist in making a more informed decision about a system that was designed to discourage infringement, not create a loophole to facilitate settlement demands.
Over the past two days, I’ve posted on the extremely disappointing review of Bill C-51 with Conservative MPs rarely asking substantive questions of critics and the difficulty the government had in finding expert supporters of the bill. The clause-by-clause review of the bill held earlier this week was not much better. Not only did the Conservative MPs reject all opposition amendments, but the discussion remained acrimonious with attacks against both critics of the bill and opposition MPs.
One of the most worst examples involved a proposed amendment from Green Party leader Elizabeth May which incorporated suggestions from the Canadian Bar Association. The CBA, like many witnesses, expressed serious concern about the inclusion of a provision in the bill that appears to grant judges the right to issue warrants that violate the Charter of Rights and Freedoms (Craig Forcese writes about the government’s anomalous effort to justify this provision). The CBA noted in its brief:
From Obama Birthers to Anti-Immigration Activists: Who the Government Turned to for Bill C-51 Support During Committee Hearings
The Standing Committee on Public Safety and National Security completed its clause-by-clause review of Bill C-51 yesterday with a hearing that Green Party leader Elizabeth May described as the “most offensive she has experienced.” In all, the government rejected 61 Green Party amendments, 28 NDP amendments, and 13 Liberal amendments. Yesterday I posted a “by the numbers” review of the committee hearings on Bill C-51 noting that Conservative MPs rarely asked substantive questions about provisions in the bill and that important voices such as the Privacy Commissioner of Canada were blocked from appearing altogether.
One of the most striking aspects of the hearings was how difficult it was for the government to find expert supporters of the bill. There were certainly some – police associations, Robert Morrison, Peter Neumann, Garth Davies, Christian Leuprecht among them – but the line-up of supporting organizations also included: