Canadian Law

Lawful Access = Higher Internet Fees

There’s no way around it. Lawful access will be costly to consumers in Canada.

The internet providers do not have the necessary technology and manpower to give law enforcement in Canada real time access to internet communications, especially the smaller internet providers. And these extra expenditures will be passed on to Canadians.

We are talking about technology used to distinguish criminal activity from normal internet traffic and according to Statistic Canada‘s Canadian Internet Use Survey, 79% of Canadian households accessed the internet in 2010.

The task is not only overwhelming but could possibly be open to abuse and security breaches.

After all, we are talking about individual internet providers here, some of which use different technologies to secure their networks. And I’m sure there are plenty of identity thieves that would love to access the weaker of these networks, some of which are probably tied to the criminal organizations our law enforcement is trying to expose with this legislation.

The 2011 Canadians and Privacy Survey conducted by Harris/Decima for The Office of the Privacy Commissioner of Canada found that 8 out of 10 Canadians opposed this legislation because of numerous concerns about privacy and security. And in 2009, Statistics Canada found that 48% of Canadian consumers were concerned about credit card purchases online.

Is this really the time to make consumers nervous about security and privacy online ?

CRTC Will Not Regulate Online Film Rentals

The CRTC will not regulate online film rental companies and broadcasters.

These online broadcaster will not be forced to subsidize Canadian TV content, the CRTC having found no evidence that their activities hurt conventional broadcasters.

Bill C-11’s Digital Locks Provisions – Why ?

The digital lock provisions included in Bill C-11 are meant to curb the circumvention of “technological protection measures“, to halt piracy. But unfortunately many consumers currently circumvent digital locks to perform private copies of music recordings or to view films that are unavailable in their region.

At the moment Canadians are able to purchase music on iTunes and use this
program to convert their legally purchased ACC files to the mp3 format.

These consumers can also purchase region free DVD or blu-ray players from to play legally purchased discs that are not available in the formats compatible with North American players.

Neither of the above acts result in the unauthorized, uncompensated distribution of copyrighted works to third parties yet these acts could technically be forbidden by Section 41 of the Copyright Act if Bill C-11 passes.

Private Copying, as defined in Part VIII of our Copyright Act, is not exempt in Bill C-11. And Section 41 explicitly forbids the manufacturing, importation, sale or rental of technologies, devices or componants whose primary function is the circumvention of copy protection.

It appearently doesn’t matter that the copyright owners were compensated when the recordings were legally purchased from legitimate vendors and that if it weren’t for copy protection that these acts would be considered private copying in law.

The authors of Bill C-11 insist on labeling these acts “piracy”, even when consent is implied by the sale of these recordings to law abiding Canadian consumers.

The American entertainment industry has yet to specify what losses are incured in the private copying of copy protected works. They also failed to specify how they are loosing funds on legally purchased foreign recordings they refuse to sell in Canada.

Why are we allowing this undue, unjustified foreign influence on our Parlamentary processes ?

Copyright Legislation Re-Introduced

The Conservative Government has tabled Bill C-11, the “Copyright Modernization Act“. And as predicted this legislation mirrors the previously introduced Bill C-32.

Consequently the issues with Bill C-32 remain, including the digital lock provisions that have the potential to disable the consumer’s ability to copy material for private use.

Overall the bill is a step in the right direction. But these digital lock provisions should be amended to allow the circumvention of copy protection for private copying, as defined by our copyright act.

Copy protection failed in the music industry. They’ve experimented with consumers, failed miserably, and it’s time to move on.

Shortened hearings are expected but the NDP have said they want to table amendments enabling private copying of copy protected works.

Please contact your local Member Of Parliament to voice your comments and concerns in regards to Bill C-11.

Thank you.

Lawful Access Missing For Latest Proposals

It appears the Conservative Government has omited lawfull access from their latest crime reform bill, named the “Safe Streets and Communities Act“, which was tabled today.

Lawful access may be introduced later. But it appears that the 70,000+ signature petition may have caused this delay and may result in a more indepth review of this proposal.

Motion Tabled Against HST/GST on Books

A motion was filled by Irene Mathyssen, the Member of Parliament for London-Fanshawe, asking the Minister of Finance to “introduce legislation to eliminate the GST and the HST on all reading materials“.

This motion was seconded by another NDP member, Alex Atamanenko, Member of Parliament for BC Southern Interior.

Click here to contact your local Member of Parliament in regards to this issue.