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Distributel Fights Back Against Motion to Disclose Subscriber Information in File Sharing Case

Distributel, an independent ISP with services in Quebec, Ontario, Alberta, and B.C., has fought back in a file sharing lawsuit launched by NGN Prima Productions, opposing a motion to disclose the names of subscribers alleged to have engaged in file sharing. It appears that NGN is using Canipre to identify alleged file sharers, the same company that has supplied information to Voltage Pictures in its case involving thousands of subscribers at TekSavvy. Distributel did not oppose a similar request in November 2012, but says in court documents filed today that several factors led to a change in position when NGN filed another request for more names.

First, Distributel was concerned with how NGN treated its subscribers, demanding a $1500 settlement in a notice claiming that subscribers could face up to $20,000 in damages. Distributel noted the lack of evidence for the claim made by NGN, relying on an expert analysis of BitTorrent to highlight the shortcomings. Moreover, Distributel says NGN is engaged in copyright trolling, citing the misrepresentation in the potential liability (the law now features a cap of $5,000 for non-commercial statutory damages) and the settlement demands that far exceed actual damages.

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February 8, 2013 — 34 comments — News

Canadian Chamber of Commerce Attacks Anti-Spam Law: Challenges the Law’s Opt-In Requirement

For the past two days I’ve called attention to the shocking demands by business groups, including the Canadian Chamber of Commerce, the Canadian Marketing Association, and the Entertainment Software Association of Canada, to legalize spyware by permitting the secret installation of computer programs to monitor activities of Canadians suspected a potential contravention of the law (including laws such as copyright or any foreign law) or unauthorized use of a computer system (including wireless networks).

The Canadian Chamber of Commerce added its own submission to the government’s consultation on the anti-spam regulations. The Chamber’s key concern is the very foundation of the law: opt-in consent that requires businesses to obtain consent before sending commercial electronic messages (subject to a wide range of exceptions). The Chamber says:

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February 8, 2013 — 16 comments — News

Canadian Business Groups on Anti-Spam Jurisdiction: It’s a Problem Unless It Involves Our Spyware

Yesterday’s post on the coalition of business lobby groups support for a spyware provision in the Canadian anti-spam law attracted considerable attention, with many shocked at the breadth of the proposal. While the post focused on how the provision could be broadly interpreted to permit spyware to track copyright infringement, block websites, or to stop attempts to access wireless networks without authorization, it did not discuss yet another serious concern involving the jurisdictional scope of the provision. As noted in the post, the lobby groups, led by the Canadian Chamber of Commerce, the Canadian Marketing Association, the Canadian Wireless Telecommunications Association and the Entertainment Software Association of Canada, have asked the government to create an exception for the express consent requirement on software installation for:

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February 7, 2013 — 4 comments — News

Competition Bureau to the CRTC on Wireless Code: Be Bolder

The Competition Bureau yesterday posted its submission to the CRTC on its draft wireless code.  The key message from the Bureau: be bolder. The Bureau expresses concern with the competitiveness of the wireless telecom sector in Canada:

certain impediments continue to diminish the effect of competitive forces in this industry. First, certain industry practices have tended to impose costs on consumers who wish to avail themselves of competitive alternatives. Second, consumers are not always provided with sufficient information in an adequately clear manner to make informed purchase decisions. These features can deprive consumers, competitors, and the Canadian economy of the beneficial effects of competition in this industry, namely lower prices, higher quality service, and greater innovation. This submission provides recommendations on how the Wireless Code can minimize the effect of these impediments.

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February 7, 2013 — 3 comments — News

Sony Rootkit Redux: Canadian Business Groups Lobby For Right To Install Spyware on Your Computer

The deadline for comments on Industry Canada’s draft anti-spam regulations passed earlier this week with a group of 13 industry associations – including the Canadian Chamber of Commerce, the Canadian Marketing Association, the Canadian Wireless Telecommunications Association and the Entertainment Software Association of Canada – submitting a lengthy document  that, if adopted, would gut much of the law. The groups adopt radical interpretations of the law to argue for massive new loopholes or for the indefinite delay of several provisions. I will focus on some of the submissions shortly, but this post focuses on the return of an issue that was seemingly killed years ago: demands to permit surreptitious surveillance by the copyright owners and other groups for private enforcement purposes.

During the anti-spam law debates in 2009, copyright lobby groups promoted amendments that would have allowed for expansive surveillance of user computers. Coming on the heels of the Sony rootkit scandal, the government ultimately rejected those proposals (the Liberals had plans to propose such amendments but backed down), leaving in place an important provision that requires express consent prior to the installation of computer software. The provision states:

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February 6, 2013 — 94 comments — News
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