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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

Wire Report: Libs Ok With Summer Hearings, NDP Express Concerns

The Wire Report reports that Liberal MP Marc Garneau is supportive of the possibility of summer hearings on the copyright bill.  NDP MP Charlie Angus expresses concern about the approach, noting that it might not be good for the bill given the difficulty to draw witnesses and the prospect of […]

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June 1, 2010 Comments are Disabled News

NDP MP Calls for Legislative Review of Anti-Spam Bill

NDP MP Brian Masse has told the Wire Report that he supports a full legislative review of the anti-spam bill to ensure there are no "sleeper clauses."

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June 1, 2010 2 comments News

EP Legal Service Issues Opinion On Release of ACTA Docs to EP

The European Parliament Legal Service has issued a legal opinion on the disclosure of ACTA documents to the European Parliament.  It concludes that persistent failure to do so could lead to legal action.

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June 1, 2010 Comments are Disabled News

Copyright Week in Canada: Bill Coming Thursday as Conservatives Indicate Openness to Amendments

This is copyright week in Canada as multiple reports indicate that the long-awaited copyright bill will be tabled on Thursday.  The recent round of reports are noteworthy for several reasons.  First, they confirm earlier reports that the government plans to introduce DMCA-style anti-circumvention legislation.  This suggests that the digital lock provisions that were the source of enormous public outrage (and the dominant issue during last summer's copyright consultation) will remain largely unchanged from Bill C-61 and will unquestionably be the most hotly debated aspect of the bill.

Second, the reports also drop hints of other aspects of the bill.  While I previously reported there will be no flexible fair dealing provision, the reports indicate that there will some changes to fair dealing.  This comes as little surprise, given that C-61 included provisions on time shifting and format shifting.

Third, the government is increasingly turning its attention to what comes after the bill is introduced.  The Canadian Press reports that the government is planning to pressure the opposition parties to hold summer hearings in an effort to fast-track the bill through the House of Commons.   While this raises concern for many groups who may face challenges participating in summer hearings (and the hearings themselves risk becoming abbreviated as MPs cut the process short to get back to their constituencies), Industry Minister Tony Clement has also indicated that the government is open to compromise:

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May 31, 2010 32 comments News