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View Full Version : New copyright law could cut families off Net for year



dan9999
11-06-2009, 07:37 PM
Ouch!!! This one's gonna hurt!

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New copyright law could cut families off Net for year
Canadian officials in secret talks; Internet service providers would police illegal downloading of copy-protected material
VITO PILIECI
Canwest News Service
November 6, 2009

Canadian officials are taking part in negotiations for a top-secret copyright treaty that could see families barred from the Internet for a year if someone in the household is suspected of illegal downloads.

Under the worldwide rules of the Anti-Counterfeiting Trade Agreement (ACTA), Internet service providers such as Bell and Rogers in Canada would be required to become copyright police and filter out pirated material from their networks, hand over the identities of customers believed to be infringing copyrights and restrict the use of identity-blocking software.

ACTA would employ a three-strikes policy. People believed to be regularly downloading copyright-protected material, such as movie and music files, could have their Internet connection severed for up to 12 months and forced to pay a fine.

"It's incredibly disproportionate. Three unproven allegations of infringement will cut off Internet service for a year for an entire family," said Michael Geist, who holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa.

"It's not based on the individual user, it's based on the connection," Geist said, adding he has received details of the proposals from people closely associated with drafting the agreement.

The treaty, which is being pushed forward by the Office of the United States Trade Representative, closely mimics the controversial Digital Millennium Copyright Act (DMCA) that governs copyright issues in the U.S.

It puts in place measures that would make it illegal for consumers to make backup copies of DVDs or other media with built-in copy-protection technology.

Other provisions could make information on iPods, laptops and other personal electronic devices illegal and force travellers to prove to border officials that the content on such devices was acquired through legal channels.

The U.S. has been particularly vocal about Canada's lack of copyright reform. The U.S. Trade Representative placed Canada on its piracy "priority watch list" this year, labelling Canada a piracy haven alongside Algeria, Indonesia, China and Russia.

After less than a week on the job, the new U.S. ambassador to Canada, David Jacobson, scolded Canada for what he said were lax copyright laws.

The Canadian Copyright Act has not been amended since 1997, two years before the Napster file-sharing site forever changed the way people obtain music and movies online. An attempt to update the act in 2005 was abandoned, and amendments proposed last year were stalled by a federal election.

The government now is polling citizens on copyright issues and collecting opinions on how best to amend Canadian laws. But the introduction of ACTA, which would force Canada to adopt international copyright standards, would likely make those discussions meaningless.

"We are looking at a global DMCA," said Geist. "From a Canadian perspective, having just conducted a copyright consultation and having ministers talk about a 'Made in Canada' copyright solution, what it actually represents is a loss of Canadian sovereignty over its copyright policies."

ACTA negotiations continue today in South Korea with representatives from Canada, the European Commission, Japan, Switzerland, New Zealand, Australia, Mexico, Morocco, Singapore, the Republic of Korea and the United States.

According to the website of Foreign Affairs and International Trade Canada, participants in the talks have confirmed "their intention to conclude the agreement as soon as possible in 2010."

Federal trade agreements do not require parliamentary approval. Only the signature of a government representative is needed for an agreement to be passed as law.

According to leaked documents, ACTA would operate under a governing body overseen by a committee of representatives from member nations.

News of ACTA negotiations spurred widespread concern in May 2008 when a draft version of the treaty was leaked on the Internet. Subsequent demands by opponents to open the contents for public scrutiny have been repeatedly denied.