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Telecommunication by Connal Hughes + Anjel Van Slyke (CC BY-NC-SA 2.0) https://flic.kr/p/7YySNz

The Case Against the Bell Coalition’s Website Blocking Plan, Part 15: It Undermines the Telecommunications Act Policy Objectives

The CRTC has ruled that it will only permit website blocking in “exceptional circumstances” and only where doing so would further the objectives found in the Telecommunications Act. As yesterday’s post noted, even if the CRTC were to think that the terrible Bell coalition website blocking proposal is worth supporting, the plan falls outside the Commission’s stated rules on website blocking since the application fails to make the case that it furthers the objectives found in the Act.

In fact, not only does the Bell proposal fail to make the case that it furthers the Telecommunications Act objectives, but there is a far better argument that it undermines them. As noted yesterday, the Telecommunications Act identifies nine objectives:

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March 6, 2018 — 2 comments — News
delete by Mixy Lorenzo (CC BY-NC-SA 2.0) https://flic.kr/p/7bGe9M

No Longer Fit for Purpose: Why Canadian Privacy Law Needs an Update

Canada’s private sector privacy law was first introduced 20 years ago, coinciding with the founding of Google and predating Facebook, the iPhone, and the myriad of smart devices that millions of Canadians now have in their homes. Two decades is a long time in the world of technology and privacy and it shows. There has been modest tinkering with the Canadian rules over the years, but my Globe and Mail opinion piece notes the law is struggling to remain relevant in a digital age when our personal information becomes increasingly valuable and our consent models are little more than a legal fiction.

The House of Commons Standing Committee on Access to Information, Ethics and Privacy last week released the results of a comprehensive study into Canadian privacy law. The report, which features 19 recommendations, provides Innovation, Science and Economic Development Minister Navdeep Bains with a road map for future reforms (I appeared before the committee as one of 68 witnesses from across the policy spectrum).

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March 6, 2018 — 2 comments — Columns
The CRTC listened intently to the CFRO presentation by Robin Puga (CC BY-NC-SA 2.0) https://flic.kr/p/8XhHm1

The Case Against the Bell Coalition’s Website Blocking Plan, Part 14: Failure To Further the Telecommunications Act Policy Objectives

This series has devoted the past several weeks to making the case that the Bell coalition website blocking plan is a disproportionate, ineffective response to piracy that is out-of-step with global standards, will raise consumer Internet costs, result in over-blocking legitimate content, and that is offside Canadian norms on net neutrality, privacy and human rights. Yet even if the CRTC were to still think this terrible idea is worth supporting, it would fall outside its stated rules on approving website blocking. The Commission has made it clear that it will only permit blocking in “exceptional circumstances” and only where doing so would further the objectives found in the Telecommunications Act.

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March 5, 2018 — 3 comments — News
CC BY-SA 3.0 Nick Youngson / Alpha Stock Images http://thebluediamondgallery.com/p/policy.html

The Case Against the Bell Coalition’s Website Blocking Plan, Part 13: It is Inconsistent With the CRTC Policy Direction

Having examined the foundational weaknesses of the Bell coalition’s website blocking plan (existing Canadian law, weak piracy evidence, limited impact) and its negative effects (lack of court orders, overblocking, ineffectiveness, violation of net neutrality, vulnerability on freedom of expression grounds, higher Internet costs, privacy risks), the case against the plan enters the final phase with several posts on how it fails to meet the requirements under the Telecommunications Act.

In 2006, then-Industry Minister Maxime Bernier led the push for a new policy direction to the CRTC on implementing Canadian telecommunications policy objectives. The direction states:

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March 2, 2018 — 3 comments — News
read-2007118_1920 CC0 Creative Commons https://pixabay.com/en/read-learn-school-student-2007118/

Fair Dealing and the Right to Read: The Case of Blacklock’s Reporter v. Canada (Attorney General)

My fair dealing week posts conclude with a look at the link between fair dealing and the fundamental right to read (previous posts focused on the lawsuit to recover overpayments from Access Copyright, the importance of fair dealing for creators, freedom of expression, and news reporting). The critical importance of fair dealing as a user’s right was demonstrated in the 2016 copyright case between the Blacklock’s Reporter, an Ottawa-based online paywalled news site, and the federal government. Blacklock’s, which has filed multiple lawsuits against government departments, sued the Department of Finance for $17,209.10 over two articles that were sent to government officials from a paying subscriber concerned with comments found in the article. The articles were subsequently forwarded to several media relations personnel within the department.

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March 2, 2018 — 2 comments — News
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