Reflections on the new CRTC CASL regulations

March 29th, 2012 by Barry Sookman No comments »

Earlier this month the CRTC published its final regulations under the new Canadian Anti-SPAM legislation (CASL). The regulations have now been published in the Canada Gazette. The Commission has now also provided an explanation of its reasons for why it made, or refused to make, changes to its previously issued draft regulations.

Industry Canada has followed a separate route. Rather than finalizing its regulations, it will publish a new set of regulations to obtain further feedback from the public. In view of the significant problems identified by approximately 60 associations, companies, and organizations as well as individuals that filed submissions with Industry Canada and the Commission this approach makes sense.

A Reply to William Patry

March 19th, 2012 by Dan Glover 3 comments »

The following is a reply to William Patry’s lengthy response to my blog of March 16. Both the blog and Mr. Patry’s response may be found here. Given the length of my reply, for ease of reading, I am posting my reply here and inserting a cross-reference to this page in the comments section of the March 16 blog.

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Mr. Patry,

I have the greatest respect for your knowledge and experience, and for your contributions to the copyright debate, both through your texts and through your lively blog. However, I sense a significant internal contradiction in your comment to my blogs that I would like to explore.

Misleading Parliament? Really?

March 16th, 2012 by Dan Glover 3 comments »

Early this week, I opened a lengthy response in Howard Knopf’s blog to my recent post in this blog. Never one to mince his words, Mr. Knopf suggests with sound and fury that I have sought to “mislead Parliament” by posting on the issue of the educational fair dealing provision. Although the House of Commons Committee on Copyright has completed its clause-by-clause review of Bill C-11 without touching this provision, there are certain statements in Mr. Knopf’s blog that need to be addressed.

CRTC finalizes CASL regulations

March 14th, 2012 by Barry Sookman No comments »

On March 5, 2012 the CRTC finalized its set of regulations for Canada’s new anti-spam bill, CASL. These regulations were revised following extensive consultations held separately by the CRTC and Industry Canada on previously published regulations. These consultations resulted in extensive recommendations for changes by more than 57 organisations.

Industry Canada is still considering what changes to make to its draft regulations. Unlike the CRTC, it intends to publish a new set of draft regulations, possibly next month, for comment before finalizing them. The bill will not be proclaimed into force until the Industry Canada regulations are finalized and the public is given some time to implement the processes needed to comply.

Bill C-11 ready for Third Reading

March 13th, 2012 by Barry Sookman No comments »

The Special Legislative Committee reviewing Bill C-11 is now finished its work. After voting on amendments to the Bill, the Committee voted to report the Bill back to the House of Commons for Third Reading. It is expected to be passed by Parliament and then sent to the Senate before becoming law.

For more information about the Copyright Modernization Act or Bill C-11 or copyright reform, see Change and the Copyright Modernization Act.

 

Michael Geist: A question of values

March 12th, 2012 by Barry Sookman 3 comments »

With Bill C-11, the Copyright Modernization Act, on its way to clause by clause review Canadians have a chance to think about what values they want copyright to reflect. Canadians are being bombarded with a dizzying array of information about amendments that have been proposed including amendments related to enablement, statutory damages, TPMs and fair dealing. Much of the information is inaccurate and emotionally super-charged to garner as much visceral reaction as possible. A significant portion of it originates from Internet activist Michael Geist and is repeated throughout the blogosphere and in the traditional news media, usually with no attempt at analysis.

Renewed Attacks on the “Effect on the Market” Factor

March 9th, 2012 by Dan Glover 1 comment »

Beware of misinformation masquerading as the correction of misinformation, a concept George Orwell labelled as “doublethink”. Michael Geist and Howard Knopf are engaged in it again in their blog articles “Bill C-11 Extremism Continues: The Attack on Fair Dealing” and “The Effect on the Market Factor in Fair Dealing/Fair Use Law – What IS the law?” In their crusade to open Canadian copyright law so wide that a convoy of army trucks filled with textbooks and DVDs could drive through it, they are suggesting that Parliament not clarify that “the effect of the dealing on the market for the original work” is the pre-eminent factor in the fair dealing test.

No freedom to hack access into the Internet, says US judge

March 3rd, 2012 by Barry Sookman No comments »

Information wants to be free. But, helping people to steal access to it is still a crime as an Oregon man just found out after being convicted of wire fraud for helping thousands steal internet service.

The defendant, Ryan Harris, ran a company called TCNISO. It distributed software and hardware tools that enabled customers to modify their cable modems to mask themselves as paying customers. In his defense Harris claimed assisting customers in their cable modem hacking activities was justified because it facilitated access to the internet. According to a report:

B-10 Outsourcing Guideline applies to cloud computing says OSFI

March 1st, 2012 by Barry Sookman No comments »

Yesterday, OSFI released a memorandum reminding financial institutions that its outsourcing B-10 Guideline applies to new technology-based outsourcing arrangements including cloud computing. In the short memorandum, OSFI stated the following:

Information technology plays a very important role in the financial services business and OSFI recognizes the opportunities and benefits that new technology-based services such as Cloud  Computing can bring; however, FRFIs should also recognize the unique features of such services and duly consider the associated risks.

Why is the EU asking the ECJ to review ACTA and does it matter?

February 27th, 2012 by Barry Sookman No comments »

Last week the European Commissioner for Trade, Karel De Gucht, released a statement announcing that the EU will refer the ACTA (Anti-Counterfeiting Trade Agreement) to the European Court of Justice (ECJ). The ECJ will be asked to assess whether ACTA is incompatible – in any way – with the EU’s fundamental rights and freedoms, such as freedom of expression and information or data protection and the right to property in case of intellectual property.

What reason did the Commissioner give to explain the referral to the ECJ?

  • A fear that ACTA will censor websites? No.