News

Lawful Access is Back: Controversial Bill Returns Under the Guise of Cyber-Bullying Legislation

In February 2012, then-Public Safety Minister Vic Toews introduced Bill C-30, the “Protecting Children From Internet Predators Act“. While the government marketed the bill as an attempt to protect children from Internet predators (and infamously accused opponents of siding with child pornographers), it soon became readily apparent that the bill was really about adopting a wide range of measures that increased police powers, stripped away privacy rights, and increased Internet surveillance. The overwhelming negative publicity led the government to put the bill on hold. Earlier this year, then-Justice Minister Rob Nicholson announced that Bill C-30 was dead:

We will not be proceeding with Bill C-30 and any attempts that we will continue to have to modernize the Criminal Code will not contain the measures contained in C-30, including the warrantless mandatory disclosure of basic subscriber information or the requirement for telecommunications service providers to build intercept capability within their systems. We’ve listened to the concerns of Canadians who have been very clear on this and responding to that.

Nicholson’s commitment lasted less than a year (the same was true on lawful access in 2007, when Stockwell Day promised no warrantless access to subscriber information only to have Peter Van Loan backtrack a year and a half later). Yesterday, Peter MacKay, the new Justice Minister, unveiled Bill C-13, the Protecting Canadians from Online Crime Act. The similarly-named bill is now marketed as an effort to crack-down cyber-bullying, yet the vast majority of the bill simply brings back many (though not all) lawful access provisions.

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November 20, 2013 36 comments News

The TPP IP Chapter Leaks: U.S. Wants New Regulations for Country-Code Domain Names

My series of posts on the leak of the Trans Pacific Partnership intellectual property chapter has highlighted Canada’s opposition to many U.S. proposals, U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, copyright term extension, anti-counterfeiting provisions that are inconsistent with Bill […]

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November 19, 2013 6 comments News

The Trans Pacific Partnership IP Chapter Leaks: Canada Would Face Copyright Term Extension

My series of posts on the leak of the Trans Pacific Partnership intellectual property chapter continues with a look at the term of copyright (earlier posts highlighted Canada’s opposition to many U.S. proposals, U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, […]

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November 18, 2013 9 comments News
Feta tins with plants by Sean O'Sullivan (CC BY-NC 2.0) https://flic.kr/p/6Vz2W7

The TPP IP Chapter Leaks: TPP and CETA May Conflict on Geographical Indications

My series of posts on the leak of the Trans Pacific Partnership intellectual property chapter has highlighted Canada’s opposition to many U.S. proposals, U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, as well as anti-counterfeiting provisions that are inconsistent with Bill C-8. This post discusses the section on protection for geographical indications and explains how U.S. demands conflict with Canada has already agreed to in the trade agreement with Europe (CETA).

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November 15, 2013 7 comments News

The TPP IP Chapter Leaks: U.S. Demanding Overhaul of Canadian Anti-Counterfeiting Bill

The leak of the Trans Pacific Partnership intellectual property chapter confirms that the many concerns about the agreement were well-founded. My earlier posts highlighted Canada’s opposition to many U.S. proposals and U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring. This post focuses on some of the anti-counterfeiting requirements in the TPP.  The anti-counterfeiting issue is particularly relevant from a Canadian perspective because the government has proposed significant new anti-counterfeiting measures in Bill C-8, which is currently at second reading in the House of Commons and being studied by the Industry Committee. If the U.S. border measures demands are included in the TPP, Bill C-8 would be wholly inadequate to meet Canada’s new treaty obligations.

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November 15, 2013 4 comments News