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Tax Key by GotCredit https://flic.kr/p/Tnkvkh (CC BY 2.0)

Quebec Digital Sales Tax Plan Shows It Is Easier Said Than Done

Government officials and cultural groups in Quebec have been banging the drum for much of the past year for the imposition of digital sales taxes on services such as Netflix. The debate is often framed around the notion that Netflix and other Internet companies should be collecting sales tax like any other service provider. Supporters argue that other countries have begun to levy sales taxes on digital services and Canada should do the same.

My Globe and Mail op-ed notes the federal government has sent mixed signals to date, with Prime Minister Justin Trudeau rejecting new taxes on the grounds that Canadians “pay enough for the Internet”, Canadian Heritage Minister Mélanie Joly seemingly keeping the door open to new taxes, and Finance Minister Bill Morneau committing to studying the issue while international standards develop.

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April 5, 2018 5 comments Columns
Anthem Breach Notification by Tony Webster https://flic.kr/p/setXj5 (CC BY 2.0)

Coming Soon (or at least by November): Government Sets a Date for Data Breach Disclosure Rules To Take Effect

Several years after passing into law, the Canadian government has finally set an effective date for long-overdue data breach disclosure rules. The requirements were included in the Digital Privacy Act that was passed in 2015, but the accompanying regulations literally took years to finalize. Earlier this year, I argued that the failure to expedite security breach disclosure rules was an embarrassing failure for successive Conservative and Liberal governments, placing the personal information of millions of Canadians at risk and effectively giving a free pass to companies that do not adequately safeguard their customers’ information.

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April 4, 2018 2 comments News
IMG_0207 by wyliepoon https://flic.kr/p/8Q7Ef3 (CC BY-NC-ND 2.0)

Telus’ Website Blocking Submission: No Copyright Expertise Needed and No Net Neutrality Violation if Everyone is Doing It

Telus was not a charter member of the Bell website blocking coalition, but there was never much doubt that the last of the big incumbents would side with the application. Most of the independent and smaller telecom companies have opposed the proposal (and even the Canadian Wireless Telecommunications Association cannot bring itself to state that it supports the plan), but Canada is not known for competition among the big incumbents and this issue was no different. Indeed, the Telus submission supports the application, but relies on remarkably weak and somewhat head-scratching analysis to arrive at its conclusion that the proposal meets the necessary legal standards.

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April 3, 2018 3 comments News
fuzzy copyright by Nancy Sims (CC BY-NC 2.0) https://flic.kr/p/37jCsU

Canadian Copyright Law Review Takes Shape: Report Not Expected Until 2019

The Standing Committee on Industry, Science and Technology outlined its plans for the review of the Copyright Act last week. The committee expects the review to run into next year, with the hope of completing the hearings by early 2019.  The hearings will unfold in three phases:

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April 3, 2018 Comments are Disabled News
Human Rights Council - 35th Session by UN Geneva (CC BY-NC-ND 2.0) https://flic.kr/p/VwvmMa

UN Special Rapporteur for Freedom of Expression: Website Blocking Plan “Raises Serious Inconsistencies” With Canada’s Human Rights Obligations

The United Nations Special Rapporteur on the Right to Freedom of Opinion and Expression has filed an intervention with the CRTC expressing concern with the Bell coalition’s website blocking plan, which he confirms “raises serious inconsistencies with Canada’s obligations under Article 19 of the International Covenant on Civil and Political Rights and related human rights standards.” Special Rapporteurs are independent human rights experts with mandates from the Human Rights Council to report and advise United Nations Member States on human rights issues. While many supporters of the blocking plan have dismissed freedom of expression concerns, David Kaye, the expert the U.N. has tasked with making recommendations to member states warns that it may violate Canada’s human rights obligations in several ways.

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March 31, 2018 4 comments News