News

Supreme Court Securities Act Constitutionality Ruling Throws Digital Laws into Doubt

The Supreme Court of Canada this morning ruled that the federal government’s plan to create a single securities regulator is unconstitutional since it stretches the federal trade and commerce clause too far into provincial jurisdiction. The ruling is a wake-up call on the limits of federal powers, even where many […]

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December 22, 2011 26 comments News

Canadian Library Association on C-11

The Canadian Library Association has released a new position paper on Bill C-11. The CLA directs much of its concern to the digital lock rules: The prohibitions on the circumvention of digital locks in Bill C‐11 exceed Canada’s obligations under WIPO copyright treaties. Canada agreed to distinctive wording and flexibilities […]

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December 21, 2011 4 comments News

Fair Dealing’s 100 Years of Solitude

Ariel Katz has a must-read post on the history of fair dealing. Katz states “the notion that if a purpose isn’t explicitly enumerated, it is categorically excluded from the purview of fair dealing, is antithetical to the purpose of the Copyright Act.  In order to encourage future innovation and creativity […]

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December 21, 2011 Comments are Disabled News

CRTC’s Net Neutrality Rules in Action: Bell To Drop P2P Traffic Shaping

Bell advised the CRTC yesterday that it plans to drop all peer-to-peer traffic shaping (often called throttling) as of March 1, 2012.  While the decision has been described as surprising or as quid pro quo for the usage based billing ruling, I think it is neither of those. The writing […]

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December 20, 2011 12 comments News

What Happened to the PIPEDA Review?

Section 29 of PIPEDA, Canada’s private sector privacy law, requires Parliament to review the portion that deals with data protection every five years.  The first review started in 2006 and led (after considerable delay) to the reforms found in Bill C-12, which is currently languishing in the House of Commons. […]

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December 16, 2011 7 comments News