Law

ACTA Vs Canadian Law

From the 12th to the 16th of this month numerous international government representatives will meet in Wellington, New Zealand to discuss the Anti-Counterfeiting Trade Agreement.

This agreement seeks to enforce measures to control the illegal distribution of copyrighted material internationally ; Measures that include restrictions that could result in extensive searches at the border, prohibitions in regards to the use of devices that circumvent the digital locks on media and intrusive, mandatory policing by internet service providers.

In an email to The Ottawa Citizen, Minister of International Trade Peter Van Loan stated “Negotiations are continuing and there is not yet an agreement.” and that the current government would not sign on to the agreement unless it “reflects the best interest of Canadians.”

The proposed measures do not reflect the best interest of Canadians.

Since 1997 Canadians have been able to legally make private copies of audio recordings and the sale of region free DVD or Blu-Ray players have yet to be restricted in Canada.

Canadians have also not been subjected to undue searches at the border over this issue, have not been subjected to copy protection since due to the consumer and legal backlash against rootkit based copy protection, and the attempts to force internet providers to police copyright on their systems failed in federal court.

The proposed measures were also introduced in a manner contradictory to our laws on transparency and may conflict with the conclusions derived from our recent public consultations on copyright reform. Even the EU Commission had been forced to put those issues to a vote this month, to open the Agreement’s process up to the public.

Amendments to our copyright act will be proposed shortly by the Canadian Government in response to the aforementioned public consultations.