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The Trouble With ACTA

Public Knowledge's Sherwin Siy with a good piece on some of the problems with ACTA.  As Sherwin rightly notes, "ACTA's status as a trade negotiation seems less based in the nature of its substance than in the convenience that this designation provides."

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April 8, 2010 Comments are Disabled News

RCMP Arrests Man For Modifying Game Console

The RCMP has arrested a Quebec man after a seizure uncovered hundreds of counterfeit video games.  The RCMP release states that "modifying a console and computer is considered an illegal act under Section 342.1 of the Criminal Code and is punishable by imprisonment for up to ten years."

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April 7, 2010 40 comments News

Transcript of Canadian Heritage Committee Hearing on New Media Posted

The transcript of my recent appearance on new media before the Standing Committee on Canadian Heritage has now been posted.  The discussion focused on a wide range of topics including copyright, Amazon, and the private copying levy.

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April 7, 2010 1 comment News

State Farm Challenges Constitutionality of Canadian Privacy Law

Later this month, the Federal Court of Canada will hear a case in Halifax that threatens Canada's privacy law framework.  State Farm Mutual Automobile Insurance Co. is contesting the constitutional validity of Canada's private sector privacy legislation (PIPEDA), arguing it oversteps the federal government's jurisdictional power.  My weekly technology law column (Toronto Star version, homepage version) argues that if successful, PIPEDA would no longer apply to thousands of Canadian businesses and new legislation such as the Electronic Commerce Protection Act (ECPA) would be imperilled.

The case stems from a dispute over an insurance claim arising from a March 2005 automobile accident. Gerald Gaudet, the injured party, asked State Farm to provide copies of all names, addresses, and phone numbers of anyone to whom it disclosed his personal information (State Farm had used a private investigator to conduct surveillance on Gaudet).  After State Farm refused to disclose the information, Gaudet filed a complaint with the Privacy Commissioner of Canada.

The Privacy Commissioner proceeded to launch an investigation into the case, asking State Farm to provide it with the requested information. The insurance company again refused, leading to the Federal Court case.

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April 5, 2010 6 comments Columns

Government Plans National Digital Economy Consultation

The Canadian Press reports that the government plans to launch a national digital economy strategy consultation, with a discussion paper inviting public comment to be announced shortly.

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April 5, 2010 11 comments News