Michael Geist

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India Passes Digital Lock Rules That Link Circumvention to Copyright Infringement

India’s two Houses of Parliament passed copyright reform legislation this month that includes digital lock provisions. The Indian approach is very similar to what dozens of groups recommended for Canada as it links circumvention to copyright infringement. The new Indian digital lock rules state: 65A. (1) Any person who circumvents […]

May 25, 2012 — 5 comments — News

Why Universities Should Not Sign the Access Copyright – AUCC Model Licence

Copyright has emerged as a hot issue on Canadian university campuses in recent weeks as schools consider whether to sign the Access Copyright model licence negotiated with the AUCC. Several schools, including UBC, Athabasca, Windsor, and Winnipeg have already indicated that they will not sign the licence, while others (such as Queen’s, Victoria and Calgary) have reluctantly signed the letter of intent. Many groups have voiced their strong objection to the licence, including the CAUT, APLA, BCLA, MLA, CFS, and CASA. These groups represent faculty, students, and librarians – the three groups within education most affected by the model licence.

Last week, I was asked by the Association of Professors Ottawa, the University of Ottawa faculty union, for my views. I opened my remarks by emphasizing a key misconception often fueled by Access Copyright and its supporters. The question being faced by the universities is not whether to pay for copyright works. Universities, faculty and students currently spend millions of dollars every year on copyright materials and will continue to do so. The only question is whether – in addition to existing expenditures on books, licences, and in support of open access – they should also pay the $26 per student fee to Access Copyright.

I believe the answer is no for the following six key reasons:

May 24, 2012 — 10 comments — News

The Secret Lawful Access Regs: What the Gov Told the Telcos While Keeping the Public in the Dark

My post yesterday on a secret government – telecom lawful access working group attracted considerable attention with many understandably focused on the revelations that virtually all major Canadian telecom companies (with the notable exception of Shaw) actively worked with the government for months on lawful access legislation. Yet perhaps the most important document is a lawful access regulations policy document that offered guidance on plans for the extensive regulations that will ultimately accompany the Internet surveillance legislation. The specific document obtained under Access to Information is dated October 2010 and was created to support an earlier version of the lawful access bill. However, the same government documents indicate that the policy document was provided to telecom providers last fall, including disclosure to the Canadian Network Operators Consortium in December 2011 after CNOC was at an event a month earlier with Public Safety Minister Vic Toews and expressed support for the lawful access bill.

The regulations policy document are not the regulations per se, but rather a clear indication of planned regulations under the guise of a policy document. The document contains several key sections:

May 23, 2012 — 13 comments — News

How Canada’s Telecom Companies Have Secretly Supported Internet Surveillance Legislation

Canada’s proposed Internet surveillance was back in the news last week after speculation grew that government intends to keep the bill in legislative limbo until it dies on the order paper. Public Safety Minister Vic Toews denied the reports, maintaining that Bill C-30 will still be sent to committee for further study.

Since its introduction in mid-February, the privacy and law enforcement communities have continued to express their views on the bill, but Canada’s telecom service providers, which include the major telecom carriers and Internet service providers, have remained strangely silent. The silence is surprising given the enormous implications of the bill for the privacy of their customers and the possibility of millions of dollars in new surveillance equipment costs, active cooperation with law enforcement, and employee background checks.

While some attribute the Internet surveillance silence to an attempt to avoid picking sides in the high stakes privacy and security battle, documents obtained under the Access to Information Act offer a different, more troubling explanation. My weekly technology law column notes (Toronto Star version, homepage version) in the months leading up to the introduction Bill C-30, Canada’s telecom companies worked actively with government officials to identify key issues and to develop a secret Industry – Government Collaborative Forum on Lawful Access.

May 22, 2012 — 31 comments — Columns

Athabasca, Winnipeg, & Windsor Will Not Sign Access Copyright Model Licence

Following UBC’s announcement that it will not sign the Access Copyright model licence, three additional universities have followed suit – Athabasca, Windsor, and Winnipeg. The four universities demonstrate that the licence raises concerns in all types of universites – big, medium, small and distance-focused.

May 22, 2012 — 3 comments — News