Articles by: Michael Geist

“We Don’t Care What You Do, As Long as the U.S. Is Satisfied”

David Akin has pointed to a new paper from Blayne Haggart, a doctoral student at Carleton who is focusing on copyright policy in Canada, the U.S., and Mexico.  The paper, being presented this week in Montreal, includes some interesting analysis of digital copyright reforms in each country.  Given today's introduction of the copyright reform bill, of particular significance are comments Haggart obtained from Michele Austin, who served as Maxime Bernier's chief of staff when he was Industry Minister. 

According to Austin, the decision to introduce U.S.-style DMCA rules in Canada in 2007 was strictly a political decision, the result of pressure from the Prime Minister's Office desire to meet U.S. demands.  She states "the Prime Minister's Office's position was, move quickly, satisfy the United States." When Bernier and then-Canadian Heritage Minister Bev Oda protested, the PMO replied "we don't care what you do, as long as the U.S. is satisfied."

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June 2, 2010 46 comments News

An Unofficial User Guide to This Afternoon’s Copyright Bill

With the copyright bill – Bill C-32 – being introduced this afternoon, it is worth noting that my technology law column last week (Toronto Star version, homepage version) focused on some of the key issues likely to find their way into the bill.  The column noted the internal dynamics that led to the bill are by now fairly well known.  Industry Minister Tony Clement, emboldened by last summer’s copyright consultation that generated unprecedented public participation, argued for a forward-looking, technology neutral bill with flexibility as a core principle.  Canadian Heritage Minister James Moore advocated for a U.S.-style protectionist approach, with priority given to digital locks that can be used to limit copying, access, and marketplace competition.

With the active support of Prime Minister Stephen Harper, Moore won the fight over digital locks and the new bill will feature provisions certain to please the U.S. government and lobby groups.  Yet the bill will include far more than just tough legal protection for a digital locks.  

This brief unofficial user's guide to the new legislation that focuses on three key issues – fair dealing, Internet provider liability, and digital locks (Internet downloading is unlikely to figure prominently in the bill).

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June 2, 2010 19 comments Columns

Copyright Bill on Notice Paper as Ministers Emphasize Balance, Modernization

The government has placed the forthcoming copyright bill on the Notice Paper, which means that the bill could be introduced as soon as tomorrow.  The campaign to support the bill has also begun, with an op-ed in today's National Post jointly authored by Industry Minister Tony Clement and Canadian Heritage […]

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June 1, 2010 43 comments News

India Seeking Allies To Oppose ACTA

With the next round of Anti-Counterfeiting Trade Agreement negotiations scheduled for later this month in Lucerne, Switzerland (governments have been painfully slow this round in confirming dates, location, and agenda), the global politics behind the agreement escalated over the weekend with Indian officials acknowledging that they plan to establish a […]

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June 1, 2010 6 comments News

Security Breach Disclosure Bill Has Bark But No Bite

Last week Industry Minister Tony Clement unveiled two bills touted as important components of the government’s national digital strategy.  The Fighting Internet and Wireless Spam Act is a repeat of the anti-spam bill that passed through the House of Commons last year but died after Parliament prorogued.  Since the new bill reflects roughly the same compromise that garnered all-party support, it should receive swift passage.

My weekly technology law column (Toronto Star version, homepage version) argues that the second bill, the Safeguarding Canadians' Personal Information Act, is likely to be far more controversial.  The bill amends Canada’s existing privacy legislation by establishing new exceptions for businesses and new powers for law enforcement.

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June 1, 2010 1 comment Columns