Blog

Canadian Music Industry Wants Its Own Lawful Access: Subscriber Disclosure Without a Court Order

Last week I wrote about the astonishing demands of the Canadian music industry as it seeks a massive overhaul of Bill C-11, the copyright reform bill. The Canadian Independent Music Association is seeking changes to the enabler provision that would create liability risk for social networking sites, search engines, blogging platforms, video sites, and many other websites featuring third party contributions. If that were not enough, it is also calling for a new iPod tax, an extension in the term of copyright, a removal of protections for user generated content, parody, and satire, as well as an increase in statutory damage awards.

CIMA and ADISQ, which represents the Quebec music industry, appeared before the C-11 committee last week and the demands only seemed to increase.  For example, ADISQ is asking the government to add a requirement for Internet providers to disclose customer name and address information to copyright owners without court oversight. Conservative MP Paul Calandra rightly noted the obvious parallels to Bill C-30, where the government wants similar disclosures to law enforcement. In this case, however, ADISQ wants the information disclosed to a private party based on nothing more than an allegation of infringement. Calandra’s comments suggest that the government recognizes the dangers of such an approach.

The proposed lack of due process is not limited to the disclosure of subscriber information. During its appearance, CIMA said it wanted a takedown system without any due process.

Read more ›

March 5, 2012 45 comments News

Assessing ACTA: Video of My Talk at the European Parliament

Yesterday I appeared at the European Parliament’s INTA Workshop on the Anti-Counterfeiting Trade Agreement.  I have written a commissioned report for the committee on ACTA that should be released in a few weeks. In the meantime, my prepared remarks provide a good overview of the main arguments and this video […]

Read more ›

March 2, 2012 17 comments Committees, News, Video

Catching Up on Lawful Access Columns

With so much focus this week on Bill C-11 and ACTA, I’ve neglected to post two recent columns on lawful access. The first piece (Ottawa Citizen version, homepage version) focuses on the potential for compromise in the legislation, with particular attention to the issue of maintaining court oversight for subscriber […]

Read more ›

March 2, 2012 4 comments Columns

CRTC Uncovers New Rogers Net Neutrality Violation

The CRTC has written to Rogers Communication following the identification of yet another violation of the Commission’s Internet traffic management policy. Rogers has announced plans to drop its traffic throttling practices, but the CRTC wants the new issue addressed immediately. I discussed the role of the CRTC in putting an […]

Read more ›

March 2, 2012 1 comment Columns

Assessing ACTA: My Appearance Before the European Parliament INTA Workshop on ACTA

The Anti-Counterfeiting Trade Agreement has mushroomed into a massive political issue in Europe in recent weeks with protests in hundreds of cities across the continent. Much of the focus has been on whether the European Parliament will give its approval to the agreement. The focal point of attention within the EP has been on the INTA committee, which holds a public workshop on the issue today. Interest in the workshop has been incredible – there are apparently 800 registrants with thousands more expected to watch the live stream.

Several months ago, I was approached to write one of several reports for the ACTA workshop. The report will be made public in the next couple of weeks, but I’ll be on the workshop’s first panel (along with Trade Commissioner Karel De Gucht and Professor Christophe Geiger) to discuss my report and the agreement. The panel starts at 9:15 ET. I only have ten minutes for opening remarks, so the comments target a few of the findings from the report. A transcript of my planned remarks is posted with EP permission below:

Read more ›

March 1, 2012 9 comments Committees, News