The Greens/EFA group of Members of the European Parliament have issued an urgent appeal to retain transparency in the ACTA negotiations. The MEPs protest the decision to backtrack from releasing draft texts following last week’s meeting in Switzerland.
Archive for July, 2010
Do-Not-Call List Data: $73,000 in Fines, $250 Collected
Senator Percy Downe has obtained interesting information on the enforcement side of the do-not-call list. According to data obtained by Downe, the CRTC has imposed $73,000 in fines, but has collected only $250 (as of March 1, 2010).
Federal Court of Appeal Rules ISPs Not Broadcasters: May Be End of ISP Levy Proposal
The Federal Court of Appeal sided with the ISPs, ruling that providing access to broadcasting is not the same as broadcasting. So long as ISPs maintain a content-neutral approach, they fall outside of the Broadcasting Act and should not be expected to play a role in promoting the policies found in the legislation. The case is a huge win for the ISPs and – subject to an appeal to the Supreme Court of Canada or a legislative change – puts an end to the ISP levy proposal. The case is also noteworthy from a net neutrality perspective, since the court emphasized that ISPs fall outside the Broadcasting Act so long as they remain content-neutral. Should ISPs play a more active role, their ability to rely on the broadcast/transmission distinction would be lost.
The ACTA Timeline: An Update
Last December, I posted a timeline of the Anti-Counterfeiting Trade Agreement, with links to developments tracing back to 2004. With the ninth round of talks now concluded, I’ve updated the timeline with new links, documents, and videos from the past six months. The ACTA Timeline on Dipity.
Angus Calls Out Moore on WIPO: Says Fails to Understand Treaty, Makes Mockery of Copyright Balance
NDP MP Charlie Angus has issued a lengthy letter to Canadian Heritage Minister James Moore and Industry Minister Tony Clement that challenges them on the digital lock provisions in Bill C-32. In a release on the letter, Angus states "the digital lock provisions will subject Canadians to arbitrary limitations on their legal rights of access. The government is trying to create the impression that this unbalanced approach to digital locks is necessary in order to bring Canada into compliance with WIPO and the Berne Convention. Nothing could be further from the truth." He adds:
"The government is establishing a two-tiered set of rights. Bill C-32 offers rights that consumers will be restricted from exercising. These provisions make a mockery of the claim that the bill is balanced and pro-consumer. Either the government has a faulty understanding of international treaty obligations or is looking to use these existing treaties as a cover to pursue a specific political agenda. The New Democratic Party will challenge any provisions that would lead to unbalanced and arbitrary copyright legislation."
The letter delves into much greater detail on the digital lock issue, discussing how there is flexibility at international law with Angus emphatically stating "I believe the government will be unable to produce evidence that these onerous digital lock provisions are the result of existing treaty obligations." As result, Angus makes a formal request that the government seek an opinion from WIPO on the issue of exceptions to digital locks.
Recent Posts
The Law Bytes Podcast, Episode 202: David Soberman on the Reality Behind Claims Canadian Wireless Prices Have Been Cut in Half 
The Law Bytes Podcast, Episode 201: Robert Diab on the Billion Dollar Lawsuits Launched By Ontario School Boards Against Social Media Giants 
The Law Bytes Podcast, Episode 200: Colin Bennett on the EU’s Surprising Adequacy Finding on Canadian Privacy Law 
Debating the Online Harms Act: Insights from Two Recent Panels on Bill C-63 
The Law Bytes Podcast, Episode 199: Boris Bytensky on the Criminal Code Reforms in the Online Harms Act
