Over the next few weeks, I’ll be placing the spotlight on the many contributions in From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda.   My substantive contribution focuses on the legal requirements to comply with the World Intellectual Property Organization’s Internet treaties. With the treaties dating back to the 1990s the issue may seem dated, yet it still resonates today. Within a domestic context, the government has identified ratification of the WIPO Internet treaties as one of Bill C-32’s chief goals.  Internationally, the 1990s WIPO debate was re-enacted this year during the Anti-Counterfeiting Trade Agreement negotiations, with the U.S. again failing to convince its negotiating partners to adopt its implementation approach for anti-circumvention.

My article examines the issue from four perspectives: the plain language of the statutory requirements, the legislative history behind the inclusion of anti-circumvention provisions within the treaty, state practice in implementing those requirements, and scholarly analysis of the treaty obligations.

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