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Canada Considering A Three Strikes And You're Off The Internet Policy?

Techdirt is reporting that Canada may be considering a "three strikes" policy which could see users internet access privileges revoked for file sharing violations. "Given how secretive the industry and the government have been about new copyright laws, perhaps this isn't too surprising. We do know that the industry was pushing for greater ISP liability as part of copyright law changes a few months back, so it wouldn't be surprising if ISPs were negotiating a "three strikes" type rule to avoid the liability issues. Of course, they probably want to keep it secret, as publicity (and resulting anger) about these types of laws in Europe has at least some politicians moving away from them. However, as the entertainment industry does keep succeeding in getting these types of laws to move forward, how long will it be before similar laws are proposed in the US, with "everyone else is doing it" as part of the reasoning?"

25 of 470 comments (clear)

  1. Sounds good by decipher_saint · · Score: 4, Interesting

    I'll just switch to filing my taxes electronically...

    --
    crazy dynamite monkey
    1. Re:Sounds good by SatanicPuppy · · Score: 5, Interesting

      What about free wifi? That's the real issue. I used to live in an apartment building, and all my neighbors sprung for a business-grade internet connection, and we set it up on wifi and went nuts while all the other poor bastards in the building were stuck with the crap cable connection.

      If we'd been banned, we'd have just switched the cable to someone elses name. What are they going to do? Search my house weekly to make sure I don't have a wireless card?

      Completely pointless.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    2. Re:Sounds good by kwandar · · Score: 1, Interesting

      I'm not so sure that internet usage isn't a civil right, actually.

      The Canadian Charter of Rights and Freedoms lists freedom of association, freedom of assembly and freedom of "thought belief and expression" as a fundamental freedoms in Section 2.

      Withdrawal of internet services would severely inhibit a number of fundamental freedoms and I'm not sure it would withstand a court challenge.

    3. Re:Sounds good by digitrev · · Score: 2, Interesting

      Not really. Do some research on the Canadian Human Rights Commission. Your speech is free only so far as it doesn't offend anyone.

      --
      Cynical Idealist
    4. Re:Sounds good by mckorr · · Score: 2, Interesting

      When is the last time you looked up something in a "phone book" made of paper?

      Saturday. Trying to find Chinese delivery. Some of us live in small towns where not every local business is on the Web.

      It is certainly possible to live without the net. Just because we are all technophiles here does not mean everyone is.

    5. Re:Sounds good by PopeRatzo · · Score: 2, Interesting

      Banning someone from internet access for something so trivial would severely restrict their life, IMHO
      I wonder if there have been any cases of people forbidden from using the mail who have been convicted of mail fraud.
      --
      You are welcome on my lawn.
  2. First they came for the pirates... by Anonymous Coward · · Score: 4, Interesting

    Can the government really strip you of your right to speak for breaking a civil statute? Or is copyright infringement without profit motive a criminal offense in Canada as well as the US?

    1. Re:First they came for the pirates... by Kompressor · · Score: 4, Interesting

      Everyone has the following fundamental freedoms:
      ...
      b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
      Is it not possible to consider that one "other media of communication" would be communication that occurs online, for example a blog, e-mail, slashdot postings, etc?

      As I understand it, denying someone the right to print an article, or to have an article published, would contravene this section of the Charter (discussion about the right for a private party to refuse to publish someone elses article notwithstanding). Thus, I believe that it would be difficult to implement something like this as a law.

      Now, I could see an ISP having a list of disenfranchised users, and possibly (although I would be disgusted by it) the ability for ISPs to share the lists of these people between each other. For a similar example that already exists, look at the requirements that many bars in Edmonton and Vancouver have for scanning your drivers license before you are allowed in. This system checks against a shared database that confirms you aren't listed as a "troublemaker" (AKA haven't been blackballed). The logic behind this system might be simple enough to apply to a shared blacklist at ISPs.

      --
      kmem russian roulette: Aquillar> dd if=/dev/urandom of=/dev/kmem bs=1 count=1 seek=$RANDOM
  3. sigh.... by Jaysyn · · Score: 3, Interesting

    Dear Everyone,

    Please stop voting shills, shysters & despots into power.

    Thanks

    --
    There is a war going on for your mind.
    1. Re:sigh.... by Anonymous Coward · · Score: 1, Interesting

      Dear Everyone,

      I already did.

      Thanks,
      Jeanine Myhre
      Councillor
      City of Whitehorse

  4. Zombies? by linuxpyro · · Score: 2, Interesting

    Just a thought, but what about doing this for zombie machines? I think an idea like that has been brought up here on Slashdot before, like if your machine is not up to date patch-wise you get booted or restricted to say Windows Updates. But what about actively going after people who fail to maintain their computer to the point that it harms others?

    Well, truthfully I guess it wouldn't be right in either case. It could still be abused. But given the choice I would rather have a rule that would hopefully cut down on the size of the botnets.

    --
    Saying "I'll probably get modded down for this" in a post is the best way to get it modded up.
  5. Illegal? by Anonymous Coward · · Score: 2, Interesting

    internet access privileges revoked for file sharing violations Well since the levy makes all file sharing legal, i guess this three strikes thing can be implemented without anyone ever getting struck.
  6. Is that even enforcable? by wattrlz · · Score: 2, Interesting

    On a small scale they could assign an officer to follow you around and make sure you don't borrow someone's cell phone or use a public kiosk to check your mail, but keeping track of everyone who's downloaded more than three mp3s or unlicensed videos would require some sort of national ID system... perhaps they could put all of Canada on a proxy server?

  7. Absolutely Impossible! by Doug52392 · · Score: 3, Interesting

    This is not possible. From a legal standpoint, if the government goes through the right loopholes to get these laws passed, it's possible, but the consequences it would create would cause nothing but trouble. Almost 50% of the Internet users in Canada would most likely get their first "strike" in just one week because they probably consider anyone using file-sharing "pirates", regardless of the legality of what their downloading. From there, I would predict that about 20% would abide by the warning and stop file-sharing, but 30% would continue regardless of the system until they're eventually taken offline, which would have substantial effects on the economy and e-commerce (not as many people buying things online, for instance).

  8. Re:Considering? Sure. Gonna happen? NOPE. by PC+and+Sony+Fanboy · · Score: 4, Interesting

    I don't think the blank cd tariff is such a bad thing. It basically legalized file sharing. It has made it possible for us to avoid such draconian laws like the DCMA. Besides, without us canadians, you americans wouldn't get any of your pirated movies (according to the MPAA).

  9. Re:Recipricol Three Strikes by Sique · · Score: 5, Interesting

    Why not simply have the same rules for companies? Every company that has been found guilty in court of copyright, trademark or patent infringment at least three times is banned from the Internet.

    Good bye, Sony BMG! Good bye, Microsoft! Good bye about nearly every larger editor or company!

    The internet will be again as we knew it in the pre-1990ies.

    --
    .sig: Sique *sigh*
  10. Stop buying CDs by Chicken_Kickers · · Score: 2, Interesting

    Thats right. Just stop buying their products. Don't pirate them either. I think its high time we move away from the so-called entertainment drivel that the industry produces. That way you won't get in trouble with what ever draconian laws that they implement and your IQ will improve as well. I have never bought a music CD since 1997 and I borrow from my local library any movies that I want to watch. Sure, the library have a limited selection but I think this is actually good since it filters out most of the crappy ones. I haven't gone to the cinemas since 2000 either since my home TV is loud enough for me. Alternatively, go and support your local indie bands.

  11. I would be much less opposed to such an idea... by jd · · Score: 2, Interesting
    ...if the same sorts of things applied to the music industry. If they were banned from the Internet for illegally distributing files, violating copyright (say, the GPL) or distributing malware, then it would seem equitable for others to suffer likewise. Strange how no such provision exists. It's ok for person/group A to violate person/group B's copyright, but not for B to violate A's. Two wrongs never make a right, but if something actually is a wrong, in and of itself, then what possible contribution is offered by allowing the more serious offender off?

    Yes, I said the more serious offender. The purpose of copyright is to ensure that originators are protected against the abuses of others. Music labels are forever being sued for contract violations, although only artists who are rich enough can afford to do so. The number of poor artists who cannot sue is unknown. Given that price increases in the stores have generally not translated into royalty increases for artists, it can be assumed that the number of poor artists being stiffed by the music industry is substantial. (Most sane artists start their own label as soon as they can afford to, because running such monsterous overheads is still more profitable than continued servitude to the major operators. That should say something, given the promotional muscle of a giant and the benefits of scale efficiency.) Copyright violations, say of "The Lion Sleeps Tonight" or the Bannana Boat Song, hit the headlines, but didn't hit any studio's wallet or lead to Internet access being withdrawn. Why not? Artists in Africa probably ARE starving. If artists are who matters, then why the Scrooge impersonations?

    Major music and film corporations are reputed to have links with organized crime, are quoted by foreign artists and foreign directors (in the case of the movie industry) of supplying drugs and prostitutes to people considered key, and other sordid stuff. It's one thing to have liberal leanings (which I don't believe Hollywood has), it's another to be considered by outsiders as racketeers who'd supply a kid with cocaine if it meant they could earn more money.

    Those accusations may be true, they might not be, but I don't expect to be seeing the FBI plough much in the way of resources there.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  12. Re:The Empire strikes back in the great white Hoth by PopeRatzo · · Score: 3, Interesting

    As an American who has liked to think of Canada as a somewhat enlightened cousin to the North, the news that their government can be every bit as clueless and corrupt as our own is a little bit disconcerting.

    Like Aranykai above, the potential for fleeing over the border if things got much worse down here (say if another GOP administration was elected) seems to have been just another dream that is dying a sad (if clarifying) death.

    --
    You are welcome on my lawn.
  13. I hope they will send real mail by hesaigo999ca · · Score: 2, Interesting

    Most people that have their pcs p0wned dont know they do, and the only way this would work is if they were to get a letter in the REAL mail not email, stating they have a virus or malware etc...
    Seeing as most botnets have progs that track all emails sent, they could filter out anything that would let someone know they are infected...and keep sending till the end spam.

  14. Well.. by VeNoM0619 · · Score: 2, Interesting

    At the risk of losing karma, I dare to speak the truth.

    Does anyone feel that this actually might be a "good" thing in a sense that this could be a wake up call to force encryption on every single packet being sent online so that the government/ISPs/average Joe cop doesn't see what you're doing every day?

    Imagine a world where you actually spoke to just 1 other computer...

    --
    Disclaimer: I am not god.
    We may not be created equal
    But we can be treated equal.
  15. Re:An outdated view of technology by iCEBaLM · · Score: 2, Interesting

    The analogy falls on it's face: as much as some corporations would like to believe, the internet is not a big store. Nor is information analogous to physical property.

    This analogy would be more apropos: Not allowing someone who has duplicated an item three times from walking on any street.

  16. privilege? by nguy · · Score: 2, Interesting

    The ability to contract for Internet access is not a "privilege", it's a right.

  17. Re:"May be considering" == Vaporlaw by Eco-Mono · · Score: 2, Interesting

    Right. And when/if it appears in committee, I'll certainly pay attention. But this isn't even a glint in Parliament's eye yet; this "news article" can be traced back to speculation in the French government as to what other nations might be doing/planning. Again, this is an important issue. But there's no reason to whip ourselves into a nerdrage when the law hasn't even been proposed yet.

    --
    (rot13) rpbzbab@tznvy.pbz
  18. Finally, but this needs to be expanded... by slashname3 · · Score: 2, Interesting

    This is an excellent idea! But this needs to be expanded to solve the problem of spam. Send out the typical spam messages. But when some id10t responds to the spam message they are tracked down and their Internet access is suspended.

    If this is done then spam will go away. Right now there must be enough id10ts out there that actually respond and buy stuff that it makes sending out spam worth the effort. If you take away enough of the idiots out there that spend money based on spam then the monetary reason for sending spam will go away and the problem will finally be solved.