Canadian Internet Policy and Public Interest Clinic (CIPPIC)

An Italian judge has found six Google executives criminally liable for the content of a video uploaded to Google Video by a user.  Google, in accordance with its policies and applicable safe harbour laws for internet service providers, had taken the video down within hours of it being posted. 

• BBC News, Google bosses convicted in Italy
• Google Policy Blog, Serious threat to the web in Italy

The Privacy Commissioner of Canada is asking questions about Google Buzz, Google's latest attempt to build social networking tools into its services (in this case, Gmail).  Complaints and a law suit about the privacy impacts of Google Buzz have already prompted Google to change some features.

The Office of the Privacy Commissioner of Canada is holding public consultations on the privacy implications of the online collection of personal information by commercial entities for the purpose of tracking, profiling and targeting individuals in the home computing and mobile device environments. Submissions are due on March 15, 2010.

• Commissioner's Message
• News Release: Privacy Commissioner launches public consultations on emerging technologies
• Notice of Consultation and Call for Submissions

The Liberal Party today released its responses to a list of questions put to it by SaveOurNet.ca and intended to clarify its net neutrality policy.  Among other things, the Liberals state clearly that ISPs "must treat all lawful content, applications and services in a non-discriminatory manner".  The Liberlas, the NDP and the Green Party have now all come out in favour of Canadian network neutrality.

The Supreme Court in Grant v. Torstar has held that "responsible communications" by journalists, bloggers, and others who  disseminate matters of public interest will qualify as a defense to a defamation action.  To make out the defense, a publisher must show that the publication was on a matter of public interest and that the publisher was diligent in ensuring the veracity of the publication.

The University of Ottawa recently became the first Canadian University to join the Compact for Open Access Publishing, joining Cornell, Dartmouth, Harvard, MIT, and Berkeley and adopted the most comprehensive Open Access policy in Canada!

Yesterday, the Electronic Privacy Information Centre and nine other privacy organizations in the US filed a complaint with the FTC against Facebook's recent drastic changes of its privacy settings.  The complaint alleges Facebook's recent changes were unfair practices and demands injunctive reliefe, demonstrating the international scope of concerns over privacy on social networking sites.

A leaked draft of the Canada-EU Comprehensive Economic and Trade Agreement's intellectual property chapter indicates that, as in ACTA, Canada appears to be negotiating away control over domestic IP policy.  The draft chapter covers copyright, patents, plant production, geographical indications, industrial designs and trade-marks, greatly expanding on standards set by existing international law. 

Today, the Public Interest Advocacy Centre released a comprehensive report on the state of net neutrality in Canada.  The report shows consumer concern over ISP interference with network traffic and calls for greater protection of consumer's rights.

A number of advocates issued a statement calling for restraint and transparency with respect to escalating security measures being adopted in preparation for the Vancouver Olympics. The statement points out that the Olympics should not occur in a climate of fear antithetical to the purpose of these games, and should not leave behind a legacy of surveillance in the cities that host them.

The federal government has introduced Bill C-58, legislation requiring Canadian Internet intermediaries to report suspected offences involving child pornography. The Bill applies to Internet Service Providers and hosting businesses, social networking sites and other providers of online services and imposes penalties for failing to report, including imprisonment for multiple failures.

• Bill C-58, Child Protection Act (Online Sexual Exploitation)
• Justice Department Media Release
• Backgrounder

NDP Heritage Critic Charlie Angus is calling for national hearings to lay the foundation for digital culture and new media rules that serve Canadian creators' interests.  Angus launched the initiative with a press conference featuring British artist and creators' advocate Billy Bragg and Canadian music creator groups the Songwriters Association of Canada and the Canadian Music Creators Coalition.

Today, the Liberal party called for a true digital strategy to return Canada to its prominent position in the global digital economy.  The statement called for strong rules establishing an open and neutral network for Canada so as to stop ISPs from discriminating against content.  The statement also cited studies showing Canada as home to some of the highest average Internet cost per speed ratios in the developed world. 

On Tuesday, October 13, 2009, UOttawa's Centre for Law, Technology & Society will be presenting William Patry, Senior Copyright Counsel for Google.  Mr. Patry will be speaking about his exciting new book "Moral Panics and the Copyright Wars".  The talk will begin at 5 pm, in Fauteux Hall Rm 147 and will be followed by a reception. 

The report, available here, focuses on online privacy and has a section devoted to canvassing particular concerns over the impact of the Internet on interactions between youths and children.

A number of independent Internet Service Providers are petitioning government for access to new Internet facilities.  Currently, Incumbent ISPs must give independent ISPs access to most of their Internet facilities, but not to those needed for the newest and fastest services.  The petition states that this lack of access will mean less competition and higher prices for all Canadians.  CAIP and other Independents ask Canadians to let the government know they care about this issue.  Only 66 days remain!

Ontario's Information and Privacy Commissioner has ordered Crown attorneys to cease collecting any personal information of potential jurors, beyond that which is necessary under the Juries Act and Criminal Code. The Commissioner has called on the Ministry of the Attorney General to implement a standardized juror screening process that will put an end to the practice of the police investigating potential jurors through techniques that included accessing confidential databases.

• Media Release
• Executive Summary
• Report

The British Columbia Court of Appeal has affirmed, in a divided decision, a lower court decision that merely linking to a webpage that may contain defamatory content does not amount to "publication" and so cannot support a claim for defamation.  The majority characterized a browser's active decision to click on a link as a "barrier" between the linking and linked sites that the overcome reader overcomes, not the linking site.

Industry Minister Tony Clement and Heritage Minister James Moore have announced the launch of cross-country consultations on copyright law in the form of a series of round tables taking place between July 20 and September 13.  The round tables will be supplemented by an online consultation, open to all Canadians, and also starting July 20.  Anyone may participate in the online discussion forum or post a formal submission.  More information,  including dates, locations and live streaming of hearings is avialable at the government's consultation site.

CIPPIC will be representing the Campaign for Democratic Media in hearings next week that will determine the future of internet traffic management in Canada.  The hearings will run from Monday, July 6 until Tuesday, July 14.  CIPPIC will be appearing on Thursday, July 9, and will be live blogging the entire hearing on our twitter feed: cippic.

The government is indicating that lawful access legislation will be introduced in the House of Commons this week.

Update:  The government has introduced two bills:

• Bill C-46, the Investigative Powers for the 21st Century (IP21C) Act, and
• Bill C-47, the Technical Assistance for Law Enforcement in the 21st Century Act.   

Government backgrounders:

• Backgrounder:  Public Safety Canada, Technical Assistance for Law Enforcement in the 21st Century Act
• Media Release:  Public Safety Canada, Government Of Canada Introduces Legislation To Fight Crime In The 21st Century 
• Backgrounder:  Department of Justice, Investigative Powers for the 21st Century (IP21C) Act

The CRTC released Broadcasting Regulatory Policy 2009-329, stating that content broadcast over new media such as the internet should remain exempt from the regulations it would be subject to were it broadcast under traditional means such as television. The CRTC has, however, taken steps to address undue preference and the role of ISPs as broadcasters and has called for a national digital strategy to address new media in the future.

• CRTC Media Release
• Broadcasting Regulatory Policy 2009-239
• Consultation 2009-330

New Democratic Party Digital Affairs Critic Charlie Angus, M.P. for Timmins-James Bay, has re-introduced his Net Neutrality bill. Re-numbered Bill C-398, the bill seeks to amend the Telecommunications Act to prohibits network management practices that favour, degrade or prioritise any content, application or service based on its source, ownership or destination.

Industry Minister Tony Clement has introduced the Electronic Commerce Protection Act, Bill C-27, offering a legislative approach to combating spam, counterfeit websites and spyware.

• Bill C-27
• Media Release and Backgrounder

The Office of the Privacy Commissioner of Canada has published a collection of essays by leading academics, lawyers, researchers, activists and industry professionals on the topic of deep packet inspection. The website is intended to serve as a resource to help Canadians understand the potential impact of this technology on our networked society.

The CRTC is currently reviewing the internet traffic management practices of Canadian ISPs with a view to understanding the legal, technical and economic implications of ISP practices that interfere with the traffic that passes through their pipes. The CRTC has decided to open that process to the public through an online public consultation, open until 30 April. CIPPIC and others have already weighed in on this issue, but greater public participation is needed. Log on and make your views known.

The Canadian Identity Forum - a partnership of researchers and privacy advocates - will host a national public forum on “enhanced” drivers licences (EDLs), privacy and state surveillance under the new Canada-U.S. border regime. These new licences raise important civil liberties and privacy-related concerns, as they include radio-frequency identification (RFID) and biometric capabilities.

• When: March 24, 2009 from 9:00 to 12:15
• Where: Ottawa Library Auditorium, 120 Metcalfe

Facebook, the popular social networking site, has set up a Town Hall to solicit its members' thoughts on governance of the site.  Facebook has published two documents - a Proposed Facebook Principles and a Proposed Statement of Rights and Responsibilities - to replace its current Terms of Use, Developer Terms of Service, and the Facebook Advertising Terms and Conditions.

The Globe and Mail has reported that Public Safety Minister Peter Van Loan has informed a Parliamentary committee that his government intended to introduce legislation to ease the ability of law enforcement to intercept online communications and obtain subscriber data.  In response to comments from Canada's Privacy Commissioner, Jennifer Stoddart, requesting consultation, Mr. Van Loan subsequently stated that no bill was "imminent".

Heritage Minister James Moore, in his first appearance before the Standing Committee on Canadian Heritage, tipped his hand on the likely timing of the successor to Bill C-61 suggesting that a bill is "more likely" in fall than spring.  The Minister confirmed that Heritage and Industry would take "shared responsibility" for the bill.  The Minister's comments appear at 01:02:45 of the video stream and following.

On February 4, 2009, private member Bill C-285 received its first reading in Parliament. The bill is the latest attempt to introduce the Modernization of Investigative Techniques Act, an act designed to expand police powers by granting various agencies access to subscriber information without the need for a search warrant. It also aims to impose obligations on telecommunications service providers to monitor activity of subscribers and disclose it upon request from ‘authorized’ persons.

• Bill C-285
• CIPPIC's Lawful Access Page

Details of the content of ACTA, the Anti-Counterfeiting Trade Agreement, are beginning to leak out.  While the document remains subject to negotiation, many of the fears of civil society representatives appear to be justified.  Some participants are pushing for the extension of criminal sanctions beyond commercially motivated infringement.  Michael Geist and Knowledge Ecology International offer details.

Professor Michael Geist's film canvases Canadian creators, academics, scientists and businesses to answer the question, Why Copyright?  The film has been made available to the public under a Creative Commons license, and invites the public to comment and remix the film.

Having decided that Bell's throttling of competitor P2P traffic does not violate existing net neutrality rules, the CRTC has initiated a new proceeding to examine the issue of ISP traffic-shaping practices more broadly.  The CRTC is seeking more evidence regarding the effects of traffic-shaping and alternative solutions to network congestion problems. Written comments from the public are due by Feb.16, 2009.  An oral hearing will be held in July 2009.

In a decision that has disappointed many internet users and public interest groups, the CRTC has found that Bell Canada's controversial throttling of competitor P2P traffic is neither anti-competitive nor unjustly discriminatory. The decision has renewed calls for Canada's policymakers to protect "net neutrality," the principle that all online content and services should be treated equally without discrimination. 

• SaveOurNet.ca News Release

The Conservative government's Throne Speech promises - as expected - that the 40th Parliament will see copyright legislation:  "Cultural creativity and innovation are vital not only to a lively Canadian cultural life, but also to Canada’s economic future. Our Government will proceed with legislation to modernize Canada’s copyright laws and ensure stronger protection for intellectual property."

Despite a surge of public opposition to Bill 85 (the Photo Card Act), the Ontario Legislature yesterday moved ahead with plans to introduce "enhanced drivers' licences" for use at the border, in accordance with standards set by the U.S. Department of Homeland Security.  The initiative has been criticized as unnecessarily privacy-intrusive and insecure.

In an important win for free speech online, a B.C. court has ruled that merely linking to defamatory content on another website does not create liability, as long as the hyperlink is not made in a context that endorses the defamatory material.  The judge stated "although a hyperlink provides immediate access to material published on another website, this does not amount to republication of the content on the originating site.  This is especially so as a reader may or may not follow the hyperlinks provided."

Telecommunities Canada today launched the "Internet for Everyone" campaign, calling for a comprehensive and innovative federal ICT strategy to bring open, high-quality, affordable Internet connections into every home, school, library and community center in Canada, and to offer support for community programs that enable effective use of such tools.
Campaign News Release

A deluge of calls and website requests to the new national "Do Not Call" registry established by the CRTC overwhelmed the service on day one of operations, as Canadians expressed their eagerness to stop unsolicited telemarketing phone calls at the rate of over 1500 calls per minute.  The new registry has been criticized for its limited scope, leading many people to sign up to Michael Geist's open source ioptout.ca service as well.