61 Reforms to C-61, Day 44: ILTs – Notice and Takedown for Search Engines

By far the most problematic aspect of the ILT provision is the creation of a notice-and-takedown system for search engines.  Unlike ISPs – who are subject to the more-balanced notice-and-notice approach – ILTs are effectively subject to a notice-and-takedown system without any of the counter-notification or balancing provisions contained in the U.S. DMCA. Bill C-61 creates a parallel notice and takedown system for ILTs since section 41.27(2)(f) limits the availability of the safe harbour to instances where no notification of copyright infringement has been received.  This will effectively force ILTs to remove content upon notification since failure to do so risks potential liability.  

While a notice-and-takedown approach for ILTs is bad enough, it is made worse by the absence of any balancing provisions.  For example, the U.S. DMCA includes a "counter-notification" provision that allows for the re-posting of content that has been taken down.  There is no such provision in C-61, meaning that the ILT provisions are ripe for abuse.  Consider the possibility of a company sending out notifications to a search engine to remove some of their competitors' pages from the search database.  The search engine is likely to remove the results in order to qualify for the safe harbour, regardless of the merits of the claim. There are benefits to creating an ILT safe harbour, but this particular implementation requires amendment by removing the notice-and-takedown requirement.


  1. Sending takedown notices from Canada would be very hard…since the computers which operate the search engines are located in the U.S, and therefore, not under Canadian law.

  2. to mark
    above user is either on glue or really needs to understand
    this is ONLY to CONTROL google from moving any search engines here is US laws get out of control,
    haha more like :
    CEO of mpaa picks up phone and calls the canuck equivilient , hey slave person do what i command send notice.

    Follow same for CRIA.
    Follow same for actra , hey hockey players got a reduction in salaries why not RIAA/MPAA execs and actors.

    You seriously need to slack off on the CAPS. Also try to be more concise with your ideas. Be it right or wrong, try at least to make it readable for the people reading the comments in here.

    And Mark is right. Most search engines are hosted outside of Canada. But most are in Europe, not the U.S.

  4. This is good insurance
    … that we will never have Canadian search providers, or even local branches of companies like Google. Why would they want to bother?

    I suppose next WIPO or ACTRA will internationalize all the laws, so everyone everywhere has to obey the takedowns from everywhere, no matter who they come from. YEAH!

    61 reforms are not enough.

  5. Funny… The studios want as much exposure for their products so they flood the net with articles and press releases… then get p!ssed when Google indexes it all FOR THEM.

  6. Seriously, why would a search engine even remotely consider taking down pages belonging to the competitor of the company making the complaint?

  7. yada yada
    msn and google are buddies right?

    bell is partly owned by whom?
    And we get what?

    blame teachers for traffic shaping and CONservatives for schilling out our country.

    And what part can you not figure out how to read.
    how about instead a trying to bother me make a real comment.

    get the hint of what i am saying , as in the powers that are in control want it to stay that way.

    Or else the canuck military would be using linux
    as would hospitals and govt.
    AND WE ALL WOULD SAVE TONS A CASH. ( note to the left is example of a need for caps showing your passion as you type it as you would be saying it, hope that helps the meep beep above)

  8. testing caps alternatives
    ^^^ @ yada, your caps don’t offend me, I understand plaintext emphasis. I use it too sometimes.

    Meanwhile, here’s a test:

    To get bold and italics use the HTML tags.

    Will it work?

  9. another test
    [b]testing boldness[/b] [i]and italics[/i]

    Sorry for the trial and error postings.

  10. one last test
    This site seems to be running \bJoomala\b, and it doesn’t seem to allow any \bstandard formatting tags in our comments\b. \iAnyone else figure it out?\i
    “this is another test too”

  11. sorry, dang it all
    I thought I got some formatting once, many many posts back, but it must have been on a different blog. Sorry for the testing everyone, had to try.