Archive for December, 2011

Stop Hiding Behind the Phone Book, Mr. Toews

University of Toronto law professor Lisa Austin has a Globe op-ed on lawful access that highlights the difference between phone book data and Internet data likely captured by the forthcoming legislation.

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December 7, 2011 2 comments Must Reads

The Daily Digital Lock Dissenter, Day 45: Digital Security Coalition

The Digital Security Coalition was a coalition of leading Canadian digital security companies. The coalition’s mandate was to advocate on behalf of its members and of all Canadians for sound public policies and laws affecting digital security technologies. Members included AEPOS Technologies Corporation, Black Arts Illuminated Inc., Bob Young, Borderware Technologies Inc., Bridon Security & Training Services, Certicom Corp., CMS Consulting Inc., Digital Defence Inc., Elytra Enterprises Inc., Innusec Inc., Klocwork Inc., Priosec, Q1 Labs Inc., Random Knowledge Inc., Borderware Technologies, Rigel Kent Security and Advisory Services, Security Objectives, Technical Security & Intelligence, Titus Labs Inc. Third Brigade Ltd., and VE Networks Inc.  The organization’s 2009 national copyright consultation submission included the following on digital locks:

Anti-circumvention rules should not apply in non-infringing circumstances, so they do not inadvertently impede ongoing research and innovation. The risk is in harming emerging Canadian digital security companies, and putting a “liability chill” on research in this area.

 

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December 6, 2011 Comments are Disabled News

Copyright in the Balance This Week at the Supreme Court of Canada

For most of the past hundred years, the Supreme Court of Canada heard the occasional copyright case with significant cases popping up once every ten or twenty years. That started to change in 2001 with a big case reaching Canada’s top court every year or two. While that seemed like a busy schedule, it is nothing compared to the coming week, where the court will hear an unprecedented five copyright cases over the course of two packed days.

My weekly technology law column (Toronto Star version, homepage version) notes the cases feature a who’s who of the Canadian copyright and communications world with the Entertainment Software Association of Canada (ESAC), Canadian Recording Industry Association, Apple, Bell Canada, Rogers Communications, and leading copyright collectives such as SOCAN and Access Copyright among the litigants.

The common theme among the cases is that they all originate with the Copyright Board of Canada. Whether the board is asked to establish tariffs for the communication of music or the copying of materials in schools, its decisions have become highly contested and invariably subject to judicial review.  

It is possible that the Supreme Court is chiefly interested in the administrative law issues raised by the board rather than substantive copyright questions. Should it choose to wade into the copyright concerns, however, two issues jump out as the key ones.

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December 5, 2011 3 comments Columns

Copyright in the Balance This Week at the Supreme Court of Canada

Appeared in the Toronto Star on December 4, 2011 as Copyright in the Balance at the Supreme Court For most of the past hundred years, the Supreme Court of Canada heard the occasional copyright case with significant cases popping up once every ten or twenty years. That started to change […]

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December 5, 2011 1 comment Columns Archive

Tories Have Yet to Prove Case for E-Snooping Bill

The Globe’s John Ibbitson on why the government has not made the case for lawful access. Ibbitson reports that the lawful access legislation will be bundled into a single bill to be introduced later this month or early next year. Public Safety Minister Vic Toews issues a non-responsive response, as […]

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December 5, 2011 Comments are Disabled Must Reads