Search Results for "c-11" : 405

Catching Up on Lawful Access Columns

With so much focus this week on Bill C-11 and ACTA, I’ve neglected to post two recent columns on lawful access. The first piece (Ottawa Citizen version, homepage version) focuses on the potential for compromise in the legislation, with particular attention to the issue of maintaining court oversight for subscriber […]

March 2, 2012 — 4 comments — Columns

Why Canada Does Not Belong on the U.S. Piracy Watchlist

In what has become an annual rite of spring, each April the U.S. government releases its Special 301 report – often referred to as the Piracy Watch List – which claims to identify countries with sub-standard intellectual property laws. Canada has appeared on this list for many years alongside dozens of countries. In fact, over 70% of the world’s population is placed on the list and most African countries are not even considered for inclusion.

While the Canadian government has consistently rejected the U.S. list because it “basically lacks reliable and objective analysis”, this year I teamed up with Public Knowledge to try to provide the U.S. Trade Representative Office with something a bit more reliable and objective. Public Knowledge will appear at a USTR hearing on Special 301 today. In addition, last week we participated in meetings at the U.S. Department of Commerce and USTR to defend current Canadian copyright law and the proposed reforms.

The full submission on Canadian copyright is available here. It focuses on four main issues: how Canadian law provides adequate and effective protection, how enforcement is stronger than often claimed, why Canada is not a piracy haven, and why Bill C-11 does not harm the interests of rights holders (critics of Bill C-11 digital lock rules will likely think this is self-evident). The section challenging the piracy haven claims states the following:

February 23, 2012 — 28 comments — News

What a Difference a Week Makes: The Fight Against Online Surveillance

When the government placed the Internet surveillance bill on the notice paper one week ago, few would have predicted that within days of the introduction, the anger with the legislative proposals would have been so strong that the government would steadily backtrack on its plans, with Public Safety Minister Vic Toews yesterday telling the House of Commons the bill will go to committee before second reading to ensure that there is greater openness to amendments (changes are more restricted after second reading). While the battle is only beginning, the overwhelming negative reaction seems to have taken the government by surprise.

There are undoubtedly many factors that led to the early successful fight against the bill. Toews’ outrageous comments on siding with child pornographers the day before the bill was even introduced placed the government on the defensive from the outset. The substance of the bill is genuinely bad as there is no need for hyperbole to explain the privacy threats that come from mandatory disclosure of personal information without court oversight. This is an issue that resonates with both sides of the political spectrum with criticism from Conservative MPs and supporters particularly telling.

Yet this time I think there is something more happening. Government ministers often make ill-advised comments, yet few sink support for legislation so quickly. Privacy is a major concern, but it rarely generates this level of interest (the Privacy Act has not been amended in over 30 years despite repeated efforts to do so and there are no protests over the delayed Bill C-12, the privacy reform bill, languishing in the House). There has been conservative criticism of other government initiatives, but it rarely generates such a quick reaction.

The “something more” is the Internet and how over the past month it has emerged as a powerful political force in North America and Europe.

February 17, 2012 — 41 comments — News

Deadline Day To Speak Out on TPP’s Copyright Term Extension

While many will be focused on the return of lawful access, today is also the deadline for submissions to the government’s public consultation on Canadian entry into the Trans Pacific Partnership negotiations. As I noted in earlier posts (here, here, here, and here), the TPP would have enormous implications for Canadian copyright law – the Globe’s John Ibbitson described as surrendering Canadian copyright sovereignty – as it would require stricter digital lock rules, extend the term of copyright, and mandate new Internet provider liability provisions.

I’ve posted my submission, which includes comments on the lack of transparency with the TPP negotiations, digital locks, Internet provider liability, and copyright term, below. Another submission focused on the public domain comes from Dr. Mark Akrigg, Founder, Project Gutenberg Canada.

February 14, 2012 — 3 comments — News

Can You Hear Us Now?

The second reading debate on Bill C-11 will conclude today with the bill headed to committee for further hearings and possible amendment. Yesterday, the Globe published an opinion piece by Peter Nowak that juxtaposes the widespread consultation on copyright reform in Canada with digital lock provisions that “wilfully ignores” public opinion. Nowak notes how the U.S. ultimately responded to public concern in stopping SOPA, while the same appears to be happening in Europe as protests over the Anti-Counterfeiting Trade Agreement continue to grow (there are continent-wide protests planned for February 11th).

One of my posts this week focused on concerns that Industry Minister Christian Paradis has said he cannot speculate on how Bill C-11’s digital lock rules will be enforced. The post identifies numerous examples of how the rules could harm creators, students, researchers, consumers, and even the visually impaired (further background information on Bill C-11 here and here). Yet these concerns are not new and have been raised for several years. Indeed, it is instructive to see how the public concern over the digital lock rules and now possible inclusion of SOPA-style amendments has mushroomed over the years.

February 10, 2012 — 46 comments — News