Post Tagged with: "copyright"

Box Launch by David Bleasdale (CC BY 2.0) https://flic.kr/p/An28qP

Government Docs Suggest Officials Thinking About Website Blocking, Targeting VPN Usage

The Trudeau government has thus far said very little about its plans for future digital and copyright policy reform. There were few references in its election platform and the ministerial mandate letters that identify immediate policy priorities did not speak to the issue.

My weekly technology law column (Toronto Star version, homepage version) notes that according to ministerial briefing documents recently released by the government, Canadian Heritage officials have told new minister Mélanie Joly that emerging issues may include targeting the use of virtual private networks and website blocking. The comments can be found in a departmental briefing for Joly on copyright policy, which includes a discussion titled “what’s next” for copyright.

December 8, 2015 — 28 comments — Columns

failcampmtl 2014 - 142 by Eva Blue (CC BY 2.0) https://flic.kr/p/kpgE4F

What Canadian Heritage Officials Didn’t Tell Minister Mélanie Joly About Copyright

Last week, Canadian Heritage posted the Ministerial briefing book that officials used to bring new minister Mélanie Joly up-to-speed on the issues in her portfolio. The proactive release is a great step toward further transparency. While the mandate letter from the Prime Minister provides insight into government policy priorities, the briefing book sheds light on what department officials view as priorities and how they frame key issues.

The copyright presentation is particularly revealing since it presents Minister Joly with a version of Canadian copyright lacking in balance in which “exceptions are always subject to certain conditions” but references to similar limitations on rights themselves are hard to find. Department officials present a frightening vision of emerging copyright issues, pointing to mandated Internet provider blocking, targeting copyright infringement that occurs on virtual private networks, and “hybrid” legal/illegal services that may be a reference to Canadians accessing U.S. Netflix. The suggestion that Canadian Heritage officials have identified site blocking or legal prohibitions on VPN or U.S. Netflix usage as emerging copyright issues should set off alarm bells well in advance of the 2017 copyright reform process.

November 30, 2015 — 16 comments — News

The Control Room by Jonathan (CC BY-NC-ND 2.0) https://flic.kr/p/9sVNfe

Why the Supreme Court’s Endorsement of Technological Neutrality in Copyright May Be Anti-Technology

The Supreme Court of Canada issued its long-awaited decision in SODRAC v. CBC today, a case that has major implications for the role of technological neutrality in copyright. As I noted when it was argued before the court, though the case was about whether CBC should be required to pay royalties for incidental copies necessary to use new broadcast technologies, at stake was something far bigger: the future of technological neutrality under Canadian copyright law. The case offers wins and losses for both users and creators, but the manner in which the court strongly affirmed the principle of technological neutrality runs the risk of actually undermining technological adoption.

November 26, 2015 — 6 comments — News

TPP protest at U.S. Trade Representative Office 11-16-2015 by Vision Planet Media (CC BY-NC-ND 2.0) https://flic.kr/p/B9fQ4K

Why the TPP is a Canadian Digital Policy Failure

The official release of the Trans Pacific Partnership (TPP), a global trade agreement between 12 countries including Canada, the United States, and Japan, has sparked a heated public debate over the merits of the deal. Leading the opposition is Research in Motion founder Jim Balsillie, who has described the TPP as one of Canada’s worst-ever policy moves that could cost the country billions of dollars.

My weekly technology law column (Toronto Star version, homepage version) notes that as Canadians assess the 6,000 page agreement, the implications for digital policies such as copyright and privacy should command considerable attention. On those fronts, the agreement appears to be a major failure. Canadian negotiators adopted a defensive strategy by seeking to maintain existing national laws and doing little to extend Canadian policies to other countries. The result is a deal that the U.S. has rightly promoted as “Made in America.” [a video of my recent talk on this issue can be found here].

November 18, 2015 — 9 comments — Columns

Canada and the TPP: My Talk on a Digital Policy Failure

Last week, I had the opportunity to deliver the keynote address at a Centre for International Governance Innovation (CIGI) panel on the TPP. My talk, which begins at 4:25 and runs until 41:00, focused on the digital policies within the massive agreement, including intellectual property, privacy, and Internet governance. After the talk, there was a panel discussion featuring Myra Tawfik, Warren Clarke, Barry Sookman, and David Lametti. The full event can be found here and is embedded below.