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TPPA 2016-35 by Dominic Hartnett (CC BY-NC-ND 2.0) https://flic.kr/p/DJqcvG

Canadian Government’s Internal TPP Analysis: IP Rules Much Broader Than Any Canadian FTA

Supporters of the TPP have been at pains to argue that the agreement is largely business as usual, reflecting standards and approaches that are already commonly found in existing Canadian law and agreements. Yet according to a document obtained under the Access to Information Act, that is not how government officials describe the TPP in their own analysis. Internal analysis drafted in late August 2015 shows officials described the IP chapter as covering “a much broader scope of issues than any recent Canadian FTA” and noting that the TPP goes beyond agreements such as TRIPS and NAFTA.

Indeed, here is how the IP chapter was described by Canadian officials weeks before an agreement was formally concluded:

June 2, 2016 — 2 comments — News

Transparency by HonestReporting (CC BY-SA 2.0) https://flic.kr/p/owfMYY

Why Telecom Transparency Reporting in Canada Still Falls Short

Canadian telecom company privacy practices were back in the spotlight this month with the release of a transparency report from Rogers Communications. The report provides new insights into how much – or how little – Canadians know about when their personal information is disclosed to government agencies.

For Rogers customers, the good news is that recent changes in the law, including court decisions that set limits on the disclosure of mass data from cellphone towers and that protect Internet subscriber information – are having a significant effect. Law enforcement agencies are still able to obtain data on hundreds of thousands of people, but warrantless access to basic subscriber information has stopped.

My weekly technology law column (Toronto Star version, homepage version) notes that the latest Rogers report is the first from the company since the release in 2015 of telecom transparency guidelines that garnered support from the federal privacy commissioner, Industry Canada, and the telecom sector. The guidelines attempt to provide a common framework for disclosure so that the public will be better able to compare privacy protections and policies among Canada’s major telecom companies.

May 30, 2016 — 2 comments — Columns

Betfair & PaddyPower by Jim Makos (CC BY-ND 2.0) https://flic.kr/p/yo2pQB

Government-Mandated Website Blocking Comes to Canada as Quebec’s Bill 74 Takes Effect

With little fanfare, Quebec passed website blocking legislation last week. Bill 74 took effect on May 18th, setting up a likely court showdown between the Quebec and federal governments. As discussed in several articles and posts over the past year (here and here), Quebec’s Internet blocking legislation requires Internet service providers to block access to a list of online gambling sites to be identified by the government-backed Loto-Québec. The government now characterizes the legislation as a matter of consumer protection, but it did not initially hesitate to emphasize that its primary goal was to increase revenues for Espace-Jeux, its officially sanctioned online gambling service.

May 26, 2016 — 20 comments — News

PM Modi and Canadian PM Justin Trudeau meet in Washington by Narendra Modi (CC BY-SA 2.0) https://flic.kr/p/FW7bcC

In Search of a Plan B for the TPP

The government’s public consultation on the Trans Pacific Partnership (TPP) has stopped in Vancouver, Calgary, and Montreal in recent weeks as a growing number of people speak out on the agreement. Tens of thousands have also written to the government on the issue with some beginning to consider trade strategy alternatives.

My weekly technology law column (Toronto Star version, homepage version) argues that the interest in other trade options stems from three developments. First, the TPP may not have sufficient support to take effect since under the terms of agreement both Japan and the United States must be among the ratifying countries. Implementation has been delayed in Japan where politicians fear a political backlash and seems increasingly unlikely in the U.S., where the remaining presidential candidates have tried to outdo one another in their opposition to the deal.

May 25, 2016 — 4 comments — Columns

Maryland State House by Danny Huizinga (CC BY 2.0) https://flic.kr/p/onmk19

Canada’s Copyright Lobby Revolving Door Raises Fairness Concerns Ahead of 2017 Review

The revolving door between government and lobby groups has long been a source of concern in the United States, where lead government IP officials have regularly jumped to lobby groups representing music, movies, and software interests and vice versa. In recent years, that has included the USTR official responsible for copyright in ACTA and the TPP moving the MPAA, the lead software industry lobbyist joining the USTR, and the general counsel of the Copyright Office joining the top international music association.

The Lobby Monitor reports that the revolving door has apparently migrated to Canada, with the former Director of Regulatory Affairs for Music Canada joining the government to play a key role in copyright policy, only to be replaced by the former Director of Parliamentary Affairs within the Prime Minister’s Office, who was the lead on the surprise copyright term extension for sound recordings passed in 2015.

May 20, 2016 — 2 comments — News