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CETA_16-06-05_01 by campact (CC BY-NC 2.0) https://flic.kr/p/HKo2sR

Industry Canada to Foreign Affairs After CETA Leaks: Can We Get a Copy of the Text?

As the Canada – EU Trade Agreement faces mounting opposition in Europe, it is worth looking back at the late stages of CETA negotiations that occurred after an October 2013 announcement that a deal had been reached. That announcement did not include a release of the text, which was still the subject of months of negotiations. In fact, long after the initial announcement, there were reports that European concerns with investor-state dispute settlement provisions were about to derail the entire agreement. By July 2014, it was obvious that CETA was in jeopardy. In August 2014, there were more assurances from the Canadian government about an agreement, but still no text. That same month, the agreement finally did become public, but only after a German public television leaked it online.

Documents obtained under the Access to Information Act show that Canadian government officials scrambled to respond. While the official line will be familiar – “Canada does not comment on the leaks of purported negotiating texts” – internally, officials were left scrambling as the agreement leaked in real time. In fact, after learning that additional appendices and materials had leaked online, Canadian official joked that “they’re scanning as fast as they can.”

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June 7, 2016 Comments are Disabled News
MY NEW CANADA POST MAILBOX by Michael (CC BY 2.0) https://flic.kr/p/7xSnSd

Canada Post Drops Lawsuit Over Crowdsourced Postal Codes

Geocoder, the Ottawa-based company that managed to develop a database of postal codes using crowdsourcing techniques, has settled a controversial lawsuit brought by Canada Post. Canada Post sued in 2012 claiming intellectual property rights in postal codes. Geocoder did not copy the postal codes, however.  Instead, it used crowdsourcing to develop a database containing over one million Canadian postal codes after asking people to submit their postal codes with their address. The database is freely available under a Creative Commons licence and is enormously valuable for organizations that need access to the data but are unable to pay the steep fees levied by Canada Post. While many open data advocates have long argued that this information should be available under government open data initiatives, Canada Post has steadfastly refused.

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June 3, 2016 20 comments News
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:

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June 2, 2016 2 comments News
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.

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May 26, 2016 20 comments News
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.

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May 20, 2016 2 comments News