News

Vic Toews by Mostly Conservative (CC BY-NC-ND 2.0) https://flic.kr/p/5K32AS

From Toews to Todd: The Unravelling of the Government’s Lawful Access Sales Strategy

As criticism of Bill C-13 mounts, the government’s sales strategy for its latest lawful access bill is starting to unravel. Many will recall the immediate, visceral opposition to Bill C-30, the last lawful access bill that started with then-Public Safety Minister Vic Toews declaring the day before introduction that Canadians could either stand with the government or with the child pornographers. The bill never recovered as Toews’ divisive remarks placed the spotlight on the warrantless disclosure provisions and the lack of privacy balance. Within ten days it was on placed on hiatus and formally killed a year later.

While the government has removed some of the most contentious elements from Bill C-30, many privacy concerns remain (immunity for voluntary disclosure, metadata). Indeed, it appears that its primary takeaway from the last legislative failure – an incredibly rare moment in the life of a majority government – was that it was a botched sales job. So despite a promise not to bring back lawful access legislation, it did so months later, this time armed with a new marketing strategy. Bill C-13 was framed as a cyber-bullying bill and its primary sales people were presumably supposed to be the victims of cyber-bullying and their parents.

The turning point on Bill C-13 came ten days ago when they appeared before the Justice Committee studying the bill. Carol Todd, the mother of Amanda, led off and courageously insisted that the government stop using her child’s name to undermine privacy:

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May 23, 2014 14 comments News
Who’s Watching Whom: An Examination of Canadian Privacy and Surveillance

Who’s Watching Whom: An Examination of Canadian Privacy and Surveillance

Earlier this week I was pleased to speak at the monthly Geek Girls Toronto event. Hosted at the Mozilla offices, a sold-out audience showed yet again that there is enormous public interest and concern with recent privacy and surveillance developments. A video of the talk, which focused on the problems associated with lawful access, privacy reform, and surveillance, is posted below.

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May 22, 2014 4 comments Keynote Speaking, News, Video
The Copyright Board of Canada Music Streaming Decision: The Good, the Bad, and the Ugly

The Copyright Board of Canada Music Streaming Decision: The Good, the Bad, and the Ugly

The Copyright Board of Canada issued its long-awaited music streaming decision late last week, setting royalties to be paid by Internet music streaming services such as Pandora for non-interactive and semi-interactive streaming for the years 2009 to 2012. This covers passive Internet radio services and services that allow users to influence what they listen to. Given that Pandora left the Canadian market over high tariff rates, the outcome of the decision was destined to be a key determinant over whether many of the missing Internet music streaming services enter the Canadian market.

For fans of Pandora or similar services, the decision brings good news. The board largely rejected the arguments of Re:Sound, the collective responsible for the tariff and settled on rates close to what the Internet services were seeking. While the collective argued for rates similar to those found in the U.S., the Board ruled that the U.S. was not a suitable comparison. 

Moreover, it rejected arguments that this form of music streaming cannibalizes music sales, concluding that exposure to music through non-interactive and semi-interactive streaming may increase sales:

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May 21, 2014 4 comments News

Competition Bureau Recommends New Regulations To Address Wireless Competition Concerns

The Canadian Competition Bureau has filed a submission to the CRTC’s wholesale mobile wireless services review in which it reaffirmed its view that the Canadian wireless market is uncompetitive and would benefit from regulation.  The Bureau finds that a more competitive market would deliver $1 billion annually in benefits to the Canadian economy:

incumbents appear to have the ability and incentive to profitably raise the rates they charge their retail competitors for wholesale roaming services, and potentially other wholesale arrangements, above competitive levels. The incumbents’ wholesale customers may be passing these price increases on to retail customers. These retail price increases may be harming competition in retail mobile wireless services markets in Canada. In particular, more competitive markets could deliver approximately $1 billion in benefits to the Canadian economy.

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May 16, 2014 12 comments News
europe infinite copyright by Jose Mesa (CC BY 2.0) https://flic.kr/p/amMHBV

Has Canada Caved on Copyright Term Extension in the TPP?

The Trans Pacific Partnership negotiations resume next week and while an agreement does not appear imminent, reports from Japan indicate that the copyright term issue may have been resolved.  Japan and Canada are two of several TPP countries whose term of copyright protection is life of the author plus 50 years. According to the Japan News, those countries (which also include New Zealand, Malaysia, Vietnam, and Brunei) are prepared to cave to U.S. pressure to extend the term of copyright to life of the author plus 70 years:

Among the 12 countries, Japan, Canada and four other countries protect an author’s copyright for 50 years after their death, the United States and four other countries for 70 years and Mexico for 100 years. Following the agreement, Japan will extend its duration by 20 years.

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May 16, 2014 11 comments News