Michael Geist

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07290126 by SumofUs (CC BY 2.0) https://flic.kr/p/vKwD5e

The TPP Copyright Chapter Leaks: Canada May Face Website Blocking, New Criminal Provisions & Term Extension

KEI this morning released the May 2015 draft of the copyright provisions in the Trans Pacific Partnership (copyright, ISP annex, enforcement). The leak appears to be the same version that was covered by the EFF and other media outlets earlier this summer. As such, the concerns remain the same: anti-circumvention rules that extend beyond the WIPO Internet treaties, additional criminal rules, the extension of copyright term, increased border measures, mandatory statutory damages, and expanding ISP liability rules, including the prospect of website blocking for Canada.

Beyond the substantive concerns highlighted below, there are two key takeaways. First, the amount of disagreement within the chapter is striking. As of just a few months ago, there were still many critical unresolved issues with widespread opposition to (predominantly) U.S. proposals. Government ministers may continue to claim that the TPP is nearly done, but the parties still have not resolved longstanding copyright issues.

Second, from a Canadian perspective, the TPP could require a significant overhaul of current Canadian law. If Canada caves on copyright, changes would include extending the term of copyright, implementing new criminal provisions, creating new restrictions on Internet retransmission, and adding the prospect of website blocking for Internet providers. There is also the possibility of further border measures requirements just months after Bill C-8 (the anti-counterfeiting bill) received royal assent.

August 5, 2015 — 22 comments — News

07290067 by SumOfUs (CC BY 2.0) https://flic.kr/p/wGpjox

Canadian Government Amends “Caretaker Rules” To Give Itself Power to Continue Negotiating TPP

This past weekend was a busy one politically as Canada was launched into a lengthy election campaign just as countries negotiating the latest round of Trans Pacific Partnership negotiations in Hawaii failed to conclude a deal. With reports that there may be a follow-up ministerial meeting within weeks, Canadian officials have been quick to claim that the election campaign will not interfere with the TPP trade talks.

To support the claim that the government is permitted to continue negotiating even when it is a “caretaker” government, the Privy Council Office yesterday released a document titled Guidelines on the Conduct of Ministers, Ministers of State, Exempt Staff and Public Servants During an Election. In previous elections, this document was not publicly released, leading Liberal MP Ted Hsu to table a motion in 2011 calling for its availability and to recent op-eds raising the same concern.

Why the sudden change of heart? Perhaps it has something to do with the desire to release this paragraph:

August 4, 2015 — 31 comments — News

TPP rally. Ottawa, Canada, June 10 2014 by SumOfUs (CC BY 2.0) https://flic.kr/p/o8zHmw

Is Canada Set to Cave on Copyright Term Extension in the TPP?

As the negotiations on the Trans Pacific Partnership continue in Hawaii, the Electronic Frontier Foundation has published a guest post I wrote on the implications of copyright term extension for Canada. The EFF has also launched a campaign urging Canadians to speak out on the issue. With Prime Minister Harper stating today that Canada “cannot be left out” of the TPP, it seems increasingly likely that the government will cave on copyright term extension in order to be part of the TPP.

The post states:

July 29, 2015 — 4 comments — News

Blueprint by Alex Harries (CC BY-NC 2.0) https://flic.kr/p/9kTunZ

Mapping Out the CRTC Blueprint for Universal, Affordable Internet Access

In the wake of nearly two decades of study, debate, task forces, and government programs, Canada’s telecommunications regulator has begun to unveil its blueprint for ensuring that all Canadians have access to affordable, high-speed Internet services. If the plan rolls out as many expect, Canadians in urban areas will benefit from a more competitive environment for high-speed fibre services, while consumers in rural and remote areas will be guaranteed access through a clear legal commitment to universal broadband service.

My weekly technology law column (Toronto Star version, homepage version) notes that part one of the blueprint was released last week as the Canadian Radio-television and Telecommunications Commission rejected opposition from large cable and telecom providers by ordering them to offer independent Internet providers wholesale access to emerging high-speed fibre networks.

July 28, 2015 — 4 comments — Columns

Trans-Pacific Partnership Ministers Meet in Brunei by DFATD (CC BY-NC-ND 2.0) https://flic.kr/p/fzKSHo

More Than Milk: Why Agricultural Protections Are Just the Tip of the TPP Iceberg

The Trans Pacific Partnership (TPP), a proposed trade agreement that encompasses nearly 40 per cent of world GDP, heads to Hawaii later this month for ministerial-level negotiations. According to media reports, this may be the final round of talks, with countries expected to address the remaining contentious issues with their “best offers” in the hope that an agreement can be reached. Canadian coverage of the TPP has centred primarily on U.S. demands for changes to longstanding agricultural market safeguards.

With a national election a few months away, my weekly technology law column (Toronto Star version, homepage version) notes the prospect of overhauling some of Canada’s biggest business sectors has politicians from all parties waffling on the agreement. Canadian International Trade Minister Ed Fast, who will lead the Canadian delegation, maintains that the government has not agreed to dismantle supply management protections and that it will only enter into an agreement if the deal is in the best interests of the country. The opposition parties are similarly hesitant to stake out positions on key issues, noting that they cannot judge the TPP until it is concluded and publicly released.

While the agricultural issues may dominate debate, it is only one unresolved issue of many. Indeed, the concerns associated with the agreement go far beyond the supply of products such as milk and chickens.

July 20, 2015 — 2 comments — Columns