News

European Report Says Canadian Privacy Law Should Be Re-Examined Due to Surveillance Activities

The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs has issued a detailed draft report on the U.S. surveillance activities and its implications for European fundamental rights. The report loops Canada into the discussion, noting Canada’s participation in the “five-eyes” consortium and expressing concern about the implications for trust in the Canadian legal system. The report states:

whereas according to the information revealed and to the findings of the inquiry conducted by the LIBE Committee, the national security agencies of New Zealand and Canada have been involved on a large scale in mass surveillance of electronic communications and have actively cooperated with the US under the so called ‘Five eyes’ programme, and may have exchanged with each other personal data of EU citizens transferred from the EU;

whereas Commission Decisions 2013/651 and 2/2002 of 20 December 2012 have declared the adequate level of protection ensured by the New Zealand and the Canadian Personal Information Protection and Electronic Documents Act; whereas the aforementioned revelations also seriously affect trust in the legal systems of these countries as regards the continuity of protection afforded to EU citizens; whereas the Commission has not examined this aspect.

Read more ›

January 9, 2014 4 comments News

Supreme Court of Canada Emphasizes Balance in Determining Copyright Scope of Protection

The Supreme Court of Canada issued another copyright decision this morning, ruling in favour of Claude Robinson in a longstanding copyright infringement battle over a children’s television series. Robinson was vindicated in the decision with an award of millions of dollars. The case is an important one for determining whether […]

Read more ›

December 23, 2013 46 comments News

Copyright Collectives Gone Mad: How the ERCC Spent Dollars to Earn Pennies

Howard Knopf points to an interesting Copyright Board of Canada decision that provides a instructive lesson in how copyright collectives fail. At issue is the Educational Rights Collective Canada, a collective formed in 1998 to collect royalties for educational copying of broadcast programs in classrooms. The ERCC, which includes the […]

Read more ›

December 20, 2013 7 comments News

Govt Promises Domestic Wireless Roaming Regulation: Can Wholesale Price Regulation Be Far Behind?

Industry Minister James Moore yesterday took another step toward improving the state of wireless competition in Canada by announcing plans to cap wholesale domestic roaming fees at the same rates the companies charge their own customers. The cost of domestic roaming has been a persistent concern for new entrants and regional wireless carriers, who argue that the national carriers increase wholesale prices for roaming that render the smaller players less competitive. The new government reforms will put an end to those concerns. Moreover, it plans to create tough new penalties for companies that violate the wireless code or other regulatory requirements, a move that may increase compliance rates.

While the usual critics will moan that the latest changes are indicative of a wireless policy with ever-changing rules, the reality is that the government has made a clear commitment toward addressing the state of wireless competition in Canada. Some of its hopes may have been thwarted – the entry of Verizon tops that list – but identifying and addressing competitive barriers should be a continuing process with regular reforms as needs arise.

Read more ›

December 19, 2013 13 comments News

Proposed U.S. Ambassador to Canada Pledges More Pressure on Intellectual Property

During the years of debate over Canadian copyright reform, I frequently argued that caving to U.S. demands on issues such as digital locks would not relieve the pressure but rather invite more of the same. While Canada has done much of what the U.S. has asked – digital locks, anti-counterfeiting […]

Read more ›

December 12, 2013 7 comments News