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Domain: michaelgeist.ca
Stories and comments across the archive that link to michaelgeist.ca.
Stories · 270
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ISPs and Movie Industry Prepare Canadian Pirate Site Blocking Deal (torrentfreak.com)
An anonymous reader quotes a report from TorrentFreak: A coalition of movie industry companies and ISPs, including Bell, Rogers, and Cineplex are discussing a proposal to implement a plan to allow for website blockades without judicial oversight. The Canadian blocklist would be maintained by a new non-profit organization called "Internet Piracy Review Agency" (IPRA) and enforced through the CTRC, Canadaland reports. The plan doesn't come as a total surprise as Bell alluded to a nationwide blocking mechanism during a recent Government hearing. What becomes clear from the new plans, however, is that the telco is not alone. The new proposal is being discussed by various stakeholders including ISPs and local movie companies. As in other countries, major American movie companies are also in the loop, but they will not be listed as official applicants when the plan is submitted to the CRTC. Canadian law professor Micheal Geist is very critical of the plans. Although the proposal would only cover sites that "blatantly, overwhelmingly or structurally" engage in or facilitate copyright infringement, this can be a blurry line.
"Recent history suggests that the list will quickly grow to cover tougher judgment calls. For example, Bell has targeted TVAddons, a site that contains considerable non-infringing content," Geist notes. "It can be expected that many other sites disliked by rights holders or broadcasters would find their way onto the block list," he adds. While the full list of applicants is not ready yet, it is expected that the coalition will file its proposal to the CRTC before the end of the month. -
Bell Canada Wants Pirate Websites Blocked For Canadians (www.cbc.ca)
New submitter wierzpio writes: According to Rob Malcolmson, Bell Canada's VP of regulatory affairs, Canada is a safe haven to internet pirates and the only solution is to create a federally mandated blacklist of pirate websites. Unlike the existing blacklist in the U.K., Bell's plan appears to involve no judicial oversight. "Engaging in extrajudicial attempts to block access to sites, I think, raises all kinds of Charter of Rights and Freedoms issues," argues Michael Geist, a University of Ottawa professor and internet law expert. Quebec also wants to block sites. The province recently introduced a provincial law that would force internet providers to block users' access to online gambling sites not approved by the government. It argues the legislation is necessary to ensure internet gambling companies maintain responsible gaming rules. -
Canadian DMCA In Action: Court Awards Massive Damages In Modchip Case (michaelgeist.ca)
New submitter google20000 shares a report from Michael Geist: The Federal Court of Canada has issued a massive damage award in the first major Canadian digital lock copyright ruling involving circumvention of technological protection measures. The ruling, which is the first to conduct an extensive examination of the anti-circumvention rules established in 2012, adopts expansive interpretations to the digital lock protections and narrow views of the exceptions. The case launched by Nintendo confirms that Canada has tough anti-piracy laws with one of the most aggressive digital lock laws in the world and will fuel calls to re-examine the effectiveness of the anti-circumvention exceptions in the 2017 copyright review. The case stems from a lawsuit launched by video game maker Nintendo against Go Cyber Shopping, a modchip seller that operated a retail store in Waterloo, Ontario and several online stores. Go Cyber Shopping offered a wide range of products that allow users to circumvent the digital lock controls on the Nintendo gaming console (such as the Wii) and play unauthorized games including "homebrew" games. Go Cyber Shopping argued that it provided other services but the court says that it did not tender any evidence in that regard. The court concluded that the modchip seller engaged in copyright infringement and circumvented technological protection measures. In fact, it went out of its way to emphasize the importance of TPM protection. It adopted a broad interpretation of a technological protection measure -- rejecting a UK case that used a narrower interpretation -- in favor of an approach that covers access controls that go beyond restrictions on copying. -
The Case Against Ratifying the Trans Pacific Partnership (michaelgeist.ca)
An anonymous reader writes: For the past two and a half months, Canadian law professor Michael Geist has been writing a daily series on the trouble with the Trans Pacific Partnership. The 50 part series wrapped up today with the case against ratifying the TPP. While the focus is on Canadian issues, the series hits on problems that all 12 countries face: unbalanced intellectual property rules, privacy risks, dangers to the Internet and technology, cultural and health regulation, and investor-state settlement rules that could cost countries billions of dollars. -
The Case Against Ratifying the Trans Pacific Partnership (michaelgeist.ca)
An anonymous reader writes: For the past two and a half months, Canadian law professor Michael Geist has been writing a daily series on the trouble with the Trans Pacific Partnership. The 50 part series wrapped up today with the case against ratifying the TPP. While the focus is on Canadian issues, the series hits on problems that all 12 countries face: unbalanced intellectual property rules, privacy risks, dangers to the Internet and technology, cultural and health regulation, and investor-state settlement rules that could cost countries billions of dollars. -
Quebec Introduces Bill To Mandate ISP Website Blocking (michaelgeist.ca)
An anonymous reader writes: The Government of Quebec has introduced new legislation that requires Internet service providers to block access to unlicensed online gambling sites. The provisions are contained in an omnibus bill implementing elements of the government's spring budget, which included a promise to establish website blocking requirements. The bill provides that "an Internet service provider may not give access to an online gambling site whose operation is not authorized under Québec law." The government's lottery commission will establish the list of banned websites. -
Reactions Split On What Canada's Liberal Majority Means For Tech Policy Future (freezenet.ca)
Dangerous_Minds writes: Few could have predicted the Liberal majority win in Canada's recent election. Now that the Canadian government is in a state of transition, some have speculated what the new government will bring to the table when it comes to a policy on technology. Michael Geist is speculating that the people in the new Liberal government may bring about a positive policy change, concluding "All of this points to real change and the chance for a fresh start on Canadian digital policy in the years ahead." Meanwhile, Freezenet has a very different take. Drew Wilson points out that the last time the Liberal government was in power, the party was very combative on digital rights because they were trying to bring in Lawful Access and the Canadian DMCA before Stephen Harper took power. In one very infamous exchange, Sam Bulte lashed out at people like Michael Geist by calling him and his supporters "pro-user zealots". With digital rights not even on the radar during the election outside of Bill C-51 towards the beginning and the Liberals long history on these files, Wilson paints a very bleak future given that the Liberal party now has a majority government and can push through policies unopposed whether controversial or not. -
Canadian Music Industry Faces Competition Complaint Over Public Domain Records
An anonymous reader writes: A Canadian record label specializing in public domain releases has filed a complaint with the Competition Tribunal over alleged anti-competitive conduct by Universal, Sony, and host of other music industry leaders. The complaint tells a fascinating behind-the-scenes tale, with the recording industry doing everything in its powers — including posting false reviews, pressuring distributors, and lobbying for changes to the law — to stop the sale of competing public domain records. -
TPP Copyright Chapter Leaks: Website Blocking, New Criminal Rules On the Way
An anonymous reader writes: Knowledge Ecology International (KEI) [Wednesday] morning released the May 2015 draft of the copyright provisions in the Trans Pacific Partnership (copyright, ISP annex, enforcement). The leak appears to be the same version that was covered by the EFF and other media outlets earlier this summer. Michael Geist unpacks the leaked documents, noting the treaty includes anti-circumvention rules that extend beyond the WIPO Internet treaties, new criminal rules, the extension of copyright term for countries like Canada and Japan, increased border measures, mandatory statutory damages in all countries, and expanding ISP liability rules, including the prospect of website blocking for Canada. -
Quebec Government May Force ISPs To Block Gambling Websites
New submitter ottawan- writes: In order to drive more customers to their own online gambling website, the Quebec government and Loto-Quebec (the provincial organization in charge of gaming and lotteries) are thinking about forcing the province's ISPs to block all other online gambling websites. The list of websites to be blocked will be maintained by Loto-Quebec, and the government believes that the blocking will increase government revenue by up to $27 million (CAD) per year. -
Canadian Piracy Rates Plummet As Industry Points To New Copyright Notice System
An anonymous reader writes: Canada's copyright notice-and-notice system took effect earlier this year, leading to thousands of notifications being forwarded by Internet providers to their subscribers. Since its launch, there have been serious concerns about the use of notices to demand settlements and to shift the costs of enforcement to consumers and Internet providers. Yet reports indicate that piracy rates in Canada have plummeted, with some ISPs seeing a 70% decrease in online infringement. -
Canadian Prime Minister To Music Lobby: Here's Your Copyright Term Extension
An anonymous reader writes: The Canadian government's decision to extend the term of copyright for sound recordings in the budget may have taken most copyright observers by surprise, but not the music industry. The extension will reduce competition, increase costs for consumers, and harm access to Canadian Heritage, but apparently all it took was a letter from the music industry lobby to the Prime Minister of Canada. Michael Geist reports on a letter sent by Prime Minister Stephen Harper to the music lobby on the day the change was announced confirming that industry lobbying convinced him to extend the term of copyright without any public consultation or discussion. -
Canadian Prime Minister To Music Lobby: Here's Your Copyright Term Extension
An anonymous reader writes: The Canadian government's decision to extend the term of copyright for sound recordings in the budget may have taken most copyright observers by surprise, but not the music industry. The extension will reduce competition, increase costs for consumers, and harm access to Canadian Heritage, but apparently all it took was a letter from the music industry lobby to the Prime Minister of Canada. Michael Geist reports on a letter sent by Prime Minister Stephen Harper to the music lobby on the day the change was announced confirming that industry lobbying convinced him to extend the term of copyright without any public consultation or discussion. -
Canadian Prime Minister To Music Lobby: Here's Your Copyright Term Extension
An anonymous reader writes: The Canadian government's decision to extend the term of copyright for sound recordings in the budget may have taken most copyright observers by surprise, but not the music industry. The extension will reduce competition, increase costs for consumers, and harm access to Canadian Heritage, but apparently all it took was a letter from the music industry lobby to the Prime Minister of Canada. Michael Geist reports on a letter sent by Prime Minister Stephen Harper to the music lobby on the day the change was announced confirming that industry lobbying convinced him to extend the term of copyright without any public consultation or discussion. -
Canadian Prime Minister To Music Lobby: Here's Your Copyright Term Extension
An anonymous reader writes: The Canadian government's decision to extend the term of copyright for sound recordings in the budget may have taken most copyright observers by surprise, but not the music industry. The extension will reduce competition, increase costs for consumers, and harm access to Canadian Heritage, but apparently all it took was a letter from the music industry lobby to the Prime Minister of Canada. Michael Geist reports on a letter sent by Prime Minister Stephen Harper to the music lobby on the day the change was announced confirming that industry lobbying convinced him to extend the term of copyright without any public consultation or discussion. -
Canadian Prime Minister To Music Lobby: Here's Your Copyright Term Extension
An anonymous reader writes: The Canadian government's decision to extend the term of copyright for sound recordings in the budget may have taken most copyright observers by surprise, but not the music industry. The extension will reduce competition, increase costs for consumers, and harm access to Canadian Heritage, but apparently all it took was a letter from the music industry lobby to the Prime Minister of Canada. Michael Geist reports on a letter sent by Prime Minister Stephen Harper to the music lobby on the day the change was announced confirming that industry lobbying convinced him to extend the term of copyright without any public consultation or discussion. -
The Power of Backroom Lobbying: How the Music Industry Got a Copyright Extension
An anonymous reader writes: The Canadian government's unexpected budget decision to extend the term of copyright for sound recordings came as a surprise to most copyright watchers, but not the music industry lobby, which was ready with a press release within minutes. How did the industry seemingly know this was coming? Michael Geist reports that records show the extension is the result of backroom lobbying with monthly meetings between senior government officials and music industry lobbyists paving the way for copyright term extension without public consultation or debate. -
Music Industry Argues Works Entering Public Domain Are Not In Public Interest
An anonymous reader writes: With news that Canada intends to extend the term of copyright for sound recordings and performers, the recording industry is now pushing the change by arguing that works entering the public domain is not in the public interest. It is hard to see how anyone can credibly claim that works are "lost" to the public domain and that the public interest in not served by increased public access, but if anyone would make the claim, it would be the recording industry. -
The Great Canadian Copyright Giveaway: Copyright Extension For Sound Recordings
An anonymous reader writes: Despite no study, no public demands, and the potential cost to the public of millions of dollars, the Canadian government announced yesterday that it will extend the term of copyright for sound recordings and performances from 50 to 70 years. The music industry did not raise term extension as a key concern during either the 2012 copyright reform bill or the 2014 Canadian Heritage committee study on the industry. For Canadians, the extension could cost millions of dollars as works that were scheduled to come into the public domain will now remain locked down for decades. -
Copyright For Sale: What the Sony Docs Say About MPAA Buying Political Influence
An anonymous reader writes: The linkage between political funding and the major copyright lobby groups is not a new issue as for years there have been stories about how groups like the MPAA and RIAA fund politicians that advance their interests. Michael Geist digs into the Sony document leak to see how the MPAA coordinates widespread buying of politicians with political funding campaigns led by former Senator Christopher Dodd to federal and state politicians. The campaigns include efforts to circumvent donation limits by encouraging executives to spend thousands on influential politicians, leading to meetings with Barack Obama, the head of the USTR and world leaders. -
Privacy Commissioner of Canada Rules Bell's Targeted Ad Program Violates the Law
An anonymous reader writes: The Privacy Commissioner of Canada has released the long-awaited decision on Bell's targeted ads program. The Commissioner's press release soft-pedals the outcome — "Bell advertising program raises privacy concerns" — but the decision is clear: Bell's so-called relevant ads program violates Canadian privacy law. As Michael Geist explains, the key issue in the case focused on whether Bell should be permitted to use an opt-out consent mechanism in which its millions of customers are all included in targeted advertising unless they take pro-active steps to opt-out, or if an opt-in consent model is more appropriate. The Commissioner ruled that opt-in consent is needed, but Bell is refusing to comply with the ruling. -
Quebec Plans To Require Website Blocking, Studies New Internet Access Tax
An anonymous reader writes: Michael Geist reports that the Government of Quebec released its budget (PDF) yesterday featuring two Internet-related measures that are sure to attract attention and possible litigation. First, it is moving forward with plans to study a new tax on residential Internet services in order to provide support for the cultural sector. Second, the government says it will be introducing a new law requiring ISPs to block access to online gambling sites. The list of blocked sites will be developed by Loto-Quebec, a government agency. The government views this as a revenue enhancing measure because it wants to channel gamblers to its own Espacejeux, the government's own online gaming site. -
Defending Privacy Doesn't Pay: Canadian Court Lets Copyright Troll Off the Hook
An anonymous reader writes: A Canadian court has issued its ruling on the costs (PDF) in the Voltage — TekSavvy case, a case involving the demand for the names and address of thousands of TekSavvy subscribers by Voltage on copyright infringement grounds. Last year, the court opened the door to TekSavvy disclosing the names and addresses, but also established new safeguards against copyright trolling in Canada. The court awarded only a fraction of the costs sought by TekSavvy, which sends a warning signal to ISPs that getting involved in these cases can lead to significant costs that won't be recouped. That is a bad message for privacy. So is the likely outcome for future cases (should they arise) with subscribers left with fewer notices and information from their ISP given the costs involved and the court's decision to not compensate for those costs. -
Defending Privacy Doesn't Pay: Canadian Court Lets Copyright Troll Off the Hook
An anonymous reader writes: A Canadian court has issued its ruling on the costs (PDF) in the Voltage — TekSavvy case, a case involving the demand for the names and address of thousands of TekSavvy subscribers by Voltage on copyright infringement grounds. Last year, the court opened the door to TekSavvy disclosing the names and addresses, but also established new safeguards against copyright trolling in Canada. The court awarded only a fraction of the costs sought by TekSavvy, which sends a warning signal to ISPs that getting involved in these cases can lead to significant costs that won't be recouped. That is a bad message for privacy. So is the likely outcome for future cases (should they arise) with subscribers left with fewer notices and information from their ISP given the costs involved and the court's decision to not compensate for those costs. -
Defending Privacy Doesn't Pay: Canadian Court Lets Copyright Troll Off the Hook
An anonymous reader writes: A Canadian court has issued its ruling on the costs (PDF) in the Voltage — TekSavvy case, a case involving the demand for the names and address of thousands of TekSavvy subscribers by Voltage on copyright infringement grounds. Last year, the court opened the door to TekSavvy disclosing the names and addresses, but also established new safeguards against copyright trolling in Canada. The court awarded only a fraction of the costs sought by TekSavvy, which sends a warning signal to ISPs that getting involved in these cases can lead to significant costs that won't be recouped. That is a bad message for privacy. So is the likely outcome for future cases (should they arise) with subscribers left with fewer notices and information from their ISP given the costs involved and the court's decision to not compensate for those costs. -
Secret Memo Slams Canadian Police On Inaccurate ISP Request Records
An anonymous reader writes Last fall, Daniel Therrien, the government's newly appointed Privacy Commissioner of Canada, released the annual report on the Privacy Act, the legislation that governs how government collects, uses, and discloses personal information. The lead story from the report was the result of an audit of the Royal Canadian Mounted Police practices regarding warrantless requests for telecom subscriber information. Michael Geist now reports that a secret internal memo reveals the situation was far worse, with auditors finding the records from Canada's lead law enforcement agency were unusable since they were "inaccurate and incomplete." -
The Disastrous Privacy Consequences of Canada's Anti-Terrorism Bill
An anonymous reader writes "Canada's proposed anti-terrorism legislation is currently being debated in the House of Commons, with the government already serving notice that it plans to limit debate. Michael Geist argues that decision has enormous privacy consequences, since the bill effectively creates a "total information awareness" approach that represents a radical shift away from our traditional understanding of public sector privacy protection. The bill permits information sharing across government for an incredibly wide range of purposes, most of which have nothing to do with terrorism and opens the door to further disclosure "to any person, for any purpose." The cumulative effect is to grant government near-total power to share information for purposes that extend far beyond terrorism with few safeguards or privacy protections." -
Canada, Japan Cave On Copyright Term Extension In TPP
An anonymous reader writes Last month, there were several Canadian media reports on how the work of Ian Fleming, the creator of James Bond, had entered the public domain. While this was oddly described as a "copyright quirk", it was no quirk. The term of copyright in Canada (alongside TPP countries such as Japan and New Zealand) is presently life of the author plus an additional 50 years, a term that meets the international standard set by the Berne Convention. Those countries now appear to have caved to U.S. pressure as there are reports that they have agreed to extend to life plus 70 years as part of the Trans-Pacific Partnership. -
Canada Upholds Net Neutrality Rules In Wireless TV Case
An anonymous reader writes Canada's telecom regulator has issued a major new decision with implications for net neutrality, ruling that Bell and Videotron violated the Telecommunications Act by granting their own wireless television services an undue preference by exempting them from data charges. Michael Geist examines the decision, noting that the Commission grounded the decision in net neutrality concerns, stating the Bell and Videotron services "may end up inhibiting the introduction and growth of other mobile TV services accessed over the Internet, which reduces innovation and consumer choice." -
Canada's Copyright Notice Fiasco: Why the Government Bears Responsibility
An anonymous reader writes Canada's copyright notice fiasco, with false and misleading notices being sent to thousands of Internet users, has attracted growing attention with the government promising to address the issue. This morning, Michael Geist posts internal government documents that show that the government was aware of these risks before launching the system, but did nothing about it. The documents show that the government decided to forge ahead with the system without any regulations, despite repeated warnings that additional rules on the scope of the notices was needed. -
Canadian Government Steps In To Stop Misleading Infringement Notices
Dangerous_Minds writes: Recently, misleading notices were spotted being sent out by Rightscorp. Michael Geist posted the letter which, among other things, cites U.S. laws, says the Canadians could be on the hook for $150,000 (does not actually exist in the recent copyright reforms now in force), and that payments should be made directly to the company. Apparently, the Canadian government was not amused and has announced that they will be speaking with rightsholders and ISPs to address the concerns that were raised. The government says, "These notices are misleading and companies cannot use them to demand money from Canadians." -
Canadian Copyright Notice-and-Notice System: Citing False Legal information
An anonymous reader writes Canada's new copyright notice-and-notice system has been in place for less than a week, but rights holders are already exploiting a loophole to send demands for payment citing false legal information. Earlier this week, a Canadian ISP forwarded to Michael Geist a sample notice it received from Rightscorp on behalf of BMG. The notice falsely warns that the recipient could be liable for up to $150,000 per infringement when the reality is that Canadian law caps liability for non-commercial infringement at $5,000 for all infringements. The notice also warns that the user's Internet service could be suspended, yet there is no such provision under Canadian law. In a nutshell, Rightscorp and BMG are using the notice-and-notice system to require ISPs to send threats and misstatements of Canadian law in an effort to extract payments based on unproven infringement allegations. -
Canadian Anti-Piracy Firm Caught Infringing Copyright
An anonymous reader writes: Canipre, a Montreal-based intellectual property enforcement firm, yesterday issued a press release announcing an infringement monitoring program designed to take advantage of the Canada's new copyright notice-and-notice system. Yet a new report indicates that the company may itself be engaged in copyright infringement, with a director's blog posting dozens of full-text articles from media organizations around the world, often without attribution and some that are subscription-only content." -
Govt Docs Reveal Canadian Telcos Promise Surveillance Ready Networks
An anonymous reader writes "Michael Geist reports that Canadian telecom and Internet providers have tried to convince the government that they will voluntarily build surveillance capabilities into their networks. Hoping to avoid legislative requirements, the providers argue that "the telecommunications market will soon shift to a point where interception capability will simply become a standard component of available equipment, and that technical changes in the way communications actually travel on communications networks will make it even easier to intercept communications." -
Canadian Supreme Court Rules In Favor of Warrantless Cellphone Searches
An anonymous reader writes In a surprising decision, a split Supreme Court of Canada ruled this morning that police can search cellphones without a warrant incident to an arrest. The majority established some conditions, but ultimately ruled that it could navigate the privacy balance by establishing some safeguards with the practice. Michael Geist notes that a strongly worded dissent disagreed, emphasizing the privacy implications of access to cellphones and the need for judicial pre-authorization as the best method of addressing the privacy implications. The U.S. Supreme Court's June 2014 decision in Riley addressed similar issues and ruled that a warrant is needed to search a phone. -
Canadian Police Recommend Ending Anonymity On the Internet
An anonymous reader writes "Michael Geist reports that last week the Ontario Provincial Police, one of Canada's largest police forces, recommended legally ending anonymity on the Internet. Noting the need for drivers licenses to drive or marriage licenses to get married, the police suggested that an Internet license that would reveal all users is needed to address online crime. The Canadian Supreme Court strongly endorsed a right to anonymity earlier this year." -
How Lobby Groups Rejected the Canadian Government's Plan To Combat Patent Trolls
An anonymous reader writes Michael Geist reports that according to documents recently obtained under the Access to Information Act, the Canadian government quietly proposed a series of reforms to combat patent trolls including new prohibitions on demand letters, powers to the courts to stop patent forum shopping, and giving competition authorities the ability to deal with patent troll anti-competitive activity. The problem? Business lobby groups warned against the "unintended consequences" of patent reforms. -
Not Just Netflix: Google Challenges Canada's Power To Regulate Online Video
An anonymous reader writes Yesterday's report on the regulatory battle between Netflix and Canada's broadcast regulator has now grown as Google has jumped into the fight. Faced with similar demands from the CRTC, Google has refused to provide it with requested information, arguing that it is not part of the Canadian broadcast system and not subject to CRTC regulation. "The Google position is notable because it is presumably not based on the question of presence within Canada, since Google maintains a significant Canadian presence. Rather, the core challenge will likely focus on whether a service such as Youtube (which once went by the slogan “Broadcast Yourself”) can properly be characterized as broadcasting for the purposes of current Canadian law." -
Netflix Rejects Canadian Regulator Jurisdiction Over Online Video
An anonymous reader writes "Last week's very public fight between the CRTC and Netflix escalated on Monday as Netflix refused to comply with Commission's order to supply certain confidential information including subscriber numbers and expenditures on Canadian children's content. While the disclosure concerns revolve around the confidentiality of the data, the far bigger issue is now whether the CRTC has the legal authority to order it to do anything at all. Michael Geist reports that Netflix and Google are ready to challenge it in a case that could head to the Supreme Court of Canada. -
Canadian Regulator Threatens To Impose New Netflix Regulation
An anonymous reader writes: Netflix appeared before the Canadian broadcast regulator today, resulting in a remarkably heated exchange, with threats of new regulation. The discussion was very hostile — the CRTC repeatedly ordered Netflix to provide subscriber information and other confidential data. As tempers frayed, the Canadian regulator expressed disappointment over the responses from a company that it said "takes hundreds of millions of dollars out of Canada." The CRTC implicitly threatened to regulate the company by taking away its ability to rely on the new media exception if it did not cooperate with its orders. -
Ontario Government Wants To Regulate the Internet
An anonymous reader writes This afternoon, the Ontario government appeared before the CRTC as part of its future of television hearing. Michael Geist reports that it issued a clear call for new regulation of so-called new media companies such as Netflix and Google. The government states: "In order to create a more level playing field, the ministry recommends decreasing this regulatory imbalance. The ministry believes the best way to accomplish this is to expand the regulation of new media TV, rather than by lightening the current regulation of traditional TV." What does the expansion of regulation involve? For the Ontario government, it includes regulating foreign online video services such as Google and Netflix, but exempting Canadian services. -
Plan Would Give Government Virtual Veto Over Internet Governance
An anonymous reader writes The debate over Internet governance for much of the past decade has often come down to a battle between ICANN and the United Nations. The reality has always been far more complicated. The U.S. still maintains contractual control over ICANN, while all governments exert considerable power within the ICANN model through the Governmental Advisory Committee (GAC). Now governments are looking for even more power, seeking a near-complete veto power of ICANN decisions. -
Canadian ISP On Disclosing Subscriber Info: Come Back With a Warrant
An anonymous reader writes "Canadian ISP Rogers has updated its privacy policy to reflect last month's Supreme Court of Canada Spencer decision. That decision ruled that there was a reasonable expectation of privacy in subscriber information. Canada's largest cable ISP will now require a warrant for law enforcement access to basic subscriber information, a policy that effectively kills the Canadian government's efforts to expand the disclosures through voluntary means." -
Canadian Court Orders Google To Remove Websites From Its Global Index
An anonymous reader writes In the aftermath of the European Court of Justice "right to be forgotten" decision, many asked whether a similar ruling could arise elsewhere. While a privacy-related ruling has yet to hit Canada, Michael Geist reports that last week a Canadian court relied in part on the decision in issuing an unprecedented order requiring Google to remove websites from its global index. The ruling is unusual since its reach extends far beyond Canada. Rather than ordering the company to remove certain links from the search results available through Google.ca, the order intentionally targets the entire database, requiring the company to ensure that no one, anywhere in the world, can see the search results. -
Canadian Supreme Court Delivers Huge Win For Internet Privacy
An anonymous reader writes For the past several months, many Canadians have been debating privacy reform, with the government moving forward on two bills involving Internet surveillance and expanded voluntary, warrantless disclosure of personal information. Today, the Supreme Court of Canada entered the debate and completely changed the discussion, issuing its long-awaited R. v. Spencer decision, which examined the legality of voluntary warrantless disclosure of basic subscriber information to law enforcement. Michael Geist summarizes the findings, noting that the unanimous decision included a strong endorsement of Internet privacy, emphasizing the privacy importance of subscriber information, the right to anonymity, and the need for police to obtain a warrant for subscriber information except in exigent circumstances or under a reasonable law. -
Canada Introduces Privacy Reforms That Encourage Warrantless Disclosure of Info
An anonymous reader writes "Earlier this week, the government introduced the Digital Privacy Act (Bill S-4), the latest attempt to update Canada's private sector privacy law. Michael Geist reports that the bill includes a provision that could massively expand warrantless disclosure of personal information. Organizations will be permitted to disclose personal information without consent (and without a court order) to any organization that is investigating a contractual breach or possible violation of any law. This applies both past breaches or violations as well as potential future violations. Moreover, the disclosure occurs in secret without the knowledge of the affected person (who therefore cannot challenge the disclosure since they are not aware it is happening). Consider it a gift to copyright trolls, who won't need the courts to obtain information on thousands of Internet users." -
Canada & Korea Show Trade Treaties Can Skip Copyright Rule Changes
An anonymous reader writes "Canada and South Korea announced agreement on a comprehensive trade agreement earlier today. Michael Geist reports that the intellectual property chapter is significant for what it does not include. Unlike many other trade deals — particularly those involving the U.S., European Union, and Australia — the Canada-South Korea deal is content to leave domestic intellectual property rules largely untouched. Instead, the approach is to reaffirm the importance of intellectual property and ensure that both countries meet their international obligations, but not to use trade agreements as a backdoor mechanism to increase IP protections. That means no copyright term extension, no three-strikes and you're out rules, and increase to pharma patents." -
Why Copyright Trolling In Canada Doesn't Pay
An anonymous reader writes "In the aftermath of the Canadian file sharing decision involving Voltage Pictures that includes an order to disclose thousands of subscriber names, the big question is what comes next. Michael Geist examines the law and economics behind file sharing litigation in Canada and concludes that copyright trolling doesn't pay as the economics of suing thousands of Canadians for downloading a movie for personal purposes is likely to lead to hundreds of thousands in losses for rights holders." -
Canadian Court Tries to Dampen Copyright Trolls In P2P Lawsuits
An anonymous reader writes "The Canadian federal court has released its much-anticipated decision in Voltage Pictures v. Does, a case involving demands that TekSavvy, a leading independent ISP, disclose the identities of roughly 2,000 subscribers alleged to have downloaded movies without authorization. Michael Geist notes that the court was sensitive to the copyright troll concern, noting that 'given the issues in play the answers require a delicate balancing of privacy rights versus the rights of copyright holders. This is especially so in the context of modern day technology and users of the Internet.' In order to strike the balance, the court required full court approval of the content of any demand letters and bold warnings that no court had found a recipient liable for any damages." -
Canadian Music Industry Calls For Internet Regulation, Website Blocking
An anonymous reader writes "Canadian law professor Michael Geist reports that the Canadian arm of the RIAA is calling for new Internet regulation, including website blocking and search result manipulation. While the Canadian music industry experienced increased digital sales last year (sales declined in the U.S.) and the Ontario government is handing out tens of millions of tax dollars to the industry, the industry now wants the government to step in with website blocking and ordering search companies to change their results to focus on iTunes and other sales sites."