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What Comes Next for Canadian Copyright Reform: Speculating on Three Scenarios

Parliament is still several weeks away from resuming, but those focused on the longstanding battle over copyright reform are already looking ahead to how things may unfold (I appeared this week on BNN to discuss). This post offers what I see as the three most likely scenarios on the now-certain passage of a copyright reform bill sometime over the next year or so. Note that this is not necessarily what I want to see happen, but rather what I think is likely to occur.

Scenario One – Bill C-32 Is Reintroduced Unchanged

The reintroduction of Bill C-32 is by far the most likely scenario. The reason is simple – it’s what the Conservatives have said they plan to do. The Conservative election platform stated:

A Stephen Harper-led majority Government will also reintroduce and pass the Copyright Modernization Act, a key pillar in our commitment to make Canada a leader in the global digital economy. This balanced, commonsense legislation recognizes the practical priorities of teachers, students, artists, families, and technology companies, among others, while aligning Canada with international standards. It respects both the rights of creators and the interests of consumers. It will ensure that Canada’s copyright law will be responsive in a fast- changing digital world, while protecting and creating jobs, promoting innovation, and attracting investment to Canada.

Since Harper noted in his first post-election press conference that his plans are unlikely to surprise, there is every reason to take him at his word. In all likelihood, Bill C-32 will be back and it will be passed.

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May 12, 2011 8 comments News

Business News Network on Copyright Reform

I appeared yesterday on the Business News Network to discuss Canadian copyright reform and the likely next steps for the government.

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May 11, 2011 Comments are Disabled News

The Lawful Access Legislation: Does it Really Criminalize Linking & Anonymity?

The government’s plans to include lawful access provisions within its omnibus crime bill has attracted mounting attention in recent days as many commentators express concern that the legislation could create criminal liability for linking to content that incites hatred and for using anonymous or false names online. The concerns started at the Free Dominion site and have since spread to Brian Lilley at the Toronto Sun and Jesse Brown’s blog at Maclean’s

As I have argued for a long time, there are many reasons to be concerned with lawful access. The government has never provided adequate evidence on the need for it, it has never been subject to committee review, it would mandate disclosure of some personal information without court oversight, it would establish a massive ISP regulatory process (including employee background checks), it would install broad new surveillance technologies, and it would cost millions (without a sense of who actually pays). Given these problems, it is not surprising to find that every privacy commissioner in Canada has signed a joint letter expressing their concerns.

Yet while lawful access raises many issues (such that it clearly does not belong in an omnibus bill placed on the fast track), I do not believe that creating criminal liability for linking or anonymous speech are among them.

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May 11, 2011 26 comments News

Government Reaffirms Plans for Lawful Access

Public Safety Minister Vic Toews yesterday re-affirmed the government’s commitment to passing lawful access legislation within 100 sitting days.

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May 10, 2011 5 comments News

New Zealand Angry Over US IP Watch List

Add New Zealand to the growing list of countries upset over this year’s USTR Special 301 list. Opposition politicians and independent academics view the placement as gearing up for the Trans Pacific Partnership negotiations and an attempt to increase drug prices in the country.

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May 10, 2011 Comments are Disabled News