Whoa! Canada

laurel l. russwurm's political musings

Posts Tagged ‘Canadian DMCA

Happy American Censorship Day

with 3 comments

American Flag hangs down

You know, as a Canadian growing up north of the 49th parallel, I learned an awful lot about freedom of speech from American Movies.   Films like

1984
and

Brazil

Were stunning. Although there was a particularly good French film, (based on the Ray Bradbury story) ofFahrenheit 451, too.

The Hollywood community knew all about censorship, you see. The Hollywood fight to prevent censorship from without by creating their own censorship in the form of the Hayes code is legendary. For decades film makers tried every ploy imaginable to sneak things past the Hays Office.

My own personal brush with industry self censorship was when I was working on Hot Shots and Night Heat, which were Canadian-American co-productions. I was never aware of any such directive from CTV, the Canadian network that ran the shows in prime time. But even though CBS ran the series’ as part of CBS Latenight (at a time when all the children ought to be asleep) although I don’t believe it was written down anywhere, I certainly recall the verbal ground rules we writers had to abide by. A 1 hour episode was allowed to contain as many as ten “hell”s and/or “damn”s, and one of either “bitch” or “bastard. All bets were off if a character could be legitimately talking about a female dog, or an ‘illegitimate’ child.

It always boiled down to the idea that self censorship would prevent externally imposed censorship. And films get banned in different places anyway, as can be seen from this Wikipedia list of banned films. (The most bizarre to me is the Manitoba ban on comedies.)

Free speech is something many Americans value in the extreme.

But it’s awfully hard to have either creative freedom or free speech if there is external censorship. The unique aspect of the proposed American SOPA (Stop Online Piracy Act) law isn’t that it allows the state to censor, it sounds as though it will allow anyone to censor anything. Some people think this is a good thing, because they will be able to stop the the free speech of others, speech they disagree with. Of course, they never realize that it can also be used to silence them.Maple Leaf that says "Oh! Canada"

If the American “Protect IP” or “SOPA” law passes by Christmas, as intended, the Internet as we know it will be over. I have to wonder, too, if the rush to get our Canadian DMCA, Bill C-31 passed by Christmas is connected.

The Irony, of course, is that all of this censorship, and all these repressive measures are being driven by Hollywood, the former champion of free speech.

This little (non-Hollywood) film explains it better than I can:

http://www.youtube.com/watch?v=yDX8Lyl16Qs

If you have video issues, you can watch the webm version here: https://s3.amazonaws.com/fftf-actionkit/Protect_IP_Act_Breaks_the_Internet.webm

If you’ve never read George Orwell’s book “1984”, or seen the movie “1984”, now would be a very good time. This is the “1984” movie trailer.

You can also follow the grass roots Occupy Wall Street Movement all over the interwebs (at least until they get shut down) at http://www.ustream.tv/TheOther99

In solidarity with our American friends trying to convince their government not to break the Internet with IP Protect, I have also posted “Stop Censorship” on my personal blog, the StopUBB blog and my family website.

go to American Censorship websiteCanadians: tell our government not to pass Bill C-11, which will have much the same effect on Canada. :(

a horizontal border of red graphic maple leaves

Written by Laurel L. Russwurm

November 16, 2011 at 10:54 am

Tie Theory

with 13 comments

Gladwell at a table, Los Angeles, January 2009

Malcolm Gladwell wrote a New Yorker article called Small Change: Why the revolution will not be tweeted, ostensibly about the superiority of “strong ties” versus “weak ties” in social activism. His premise is that “social media” — that is to say, Twitter and Facebook — are not able to effect real social change.

Telling us that social activism requires closely connected people, Gladwell devotes much of the article explaining how the students who began the Greensboro sit-in in 1960 were friends and roommates. They had strong ties. Then he introduces the “second crucial distinction between traditional activism and its online variant”, a centrally controlled hierarchical organizational system.

Twitter and Facebook aren’t hierarchies but loose networks of acquaintances and strangers, which result in weak ties, according to Gladwell. He contends these networks are “effective at increasing participation—by lessening the level of motivation that participation requires” which implies devaluation of this participation.

Gladwell dismisses an example of a digital “weak-tie” campaign that got people to sign up for a bone marrow registry.   Not because it wasn’t successful.   It was.   But because it somehow doesn’t meet with Gladwell’s criteria for social activism.   It lowered the barrier and made it too easy for people to participate.   I’m not quite sure what is wrong with lowering the barriers to participation.   Isn’t citizen engagement is a good thing?

Gladwell maintains that networks are not as effective or efficient as hierarchies because,

“How do you make difficult choices about tactics or strategy or philosophical direction when everyone has an equal say?”

Centralization can be more efficient because there is single decision maker.   It works the same in government, with an omnipotent ruler as the head of state decisions are easy.   It’s always easier to forcibly impose “discipline” than it is to build consensus.

friendship = “strong ties”

As Gladwell points out, real world friendship can make for some very strong ties.   The two examples cited show clearly what can result from the strong ties of friendship.   On one hand, you can have something as important as the Civil Rights Movement; on the other, strong ties of friendship can result in a frivolous campaign to punish the person who stole your friend’s cell phone and wouldn’t give it back.

Both examples demonstrate successful campaigns.   One used the strong tie hierarchy of the Civil Rights Movement, the other the weak tie network of social media.

So, what has been proven, exactly?

Probably the low point of the article was Gladwell’s repetition of the oft used Facebook meme:

The evangelists of social media don’t understand this distinction; they seem to believe that a Facebook friend is the same as a real friend…”

Malcolm Gladwell, The New Yorker: Small Change: Why the revolution will not be tweeted

Clearly, Gladwell doesn’t use Facebook.   Yesterday on the New Yorker live chat he admitted he’s not a Twitter user either, but that “I think someone created a twitter account in my name, and tweeted things a while back.”

Urban legends aside, the real point seems to be that Malcolm Gladwell doesn’t like Facebook or Twitter.   He doesn’t see the point.

Malcolm Gladwell:
I have nothing against Twitter. And I’d use it if I had more time. . . Here’s the deeper issue for someone like me or, for that matter, anyone contemplating using tools like Twitter. What is it you want to accomplish? Do you want a broad audience? Or a deep audience? In other words, would you rather do the best possible job engaging with a small but focused audience. Or would you rather spend your marginal hour reaching a large audience on a superficial level? There are lot of situations where the latter is a reasonable choice–like if I’m selling something, or announcing an event, or sharing a small but crucial bit of information. But I’m interested in exploring ideas in depth with the (small) group of people willing to geek-out with me. That makes strategy A a better choice.

—Malcolm Gladwell, The New Yorker Ask the Author Live: Malcolm Gladwell on Twitter

What caused the escalation from not wanting or needing a set of tools to attacking the validity of the tools?

Malcolm Gladwell makes it clear he is opposed to Facebook and Twitter.   There are all kinds of things wrong with these two “social media” platforms.

Yet to my great disappointment, Gladwell doesn’t seem to know what they are.

apples and oranges

For the argument to have had legitimacy, it should have compared tools with tools, or systems with systems. It would have been reasonable to compare social media with mass media, say.   Instead, Civil Rights Movement Activists are compared with Twitter and Facebook.   Gladwell isn’t proving a theory, he’s telling us what he believes an activist should be and we’re supposed to take it on faith.

All it takes to counter “tie theory” is a different incident from the Civil Rights Movement.

No central hiearchy told Rosa Parks to refuse to give up her seat on the bus.   Even though there were others on the bus who shared her plight, lived in the same geographic location, rode the same bus, suffered the same oppression— all presumably the stuff of “strong ties”— those people chose not to stand with her that day.   She made her decision to resist as an individual.   Strong ties or not, the others moved to the back of the bus.

Activism doesn’t have to the result of some grand design strategized by a central committee.   Quite often it just happens when people have reached their tipping point.

From the Live Chat:

[Comment From William Carleton: ]
Mr. Gladwell, the COO of Facebook and a Twitter exec both spoke at a marketing conference this week. In a way, they seem to be making your case for you, without much sense of irony. The description of the session led by the FB exec talks of “activisim” as a brand promotion tool. Do you think part of why social media reinforces the status quo may be because the stewards of the most succesful platforms seem to be selling them short?

Malcolm Gladwell:
That’s hilarious. If the civil rights movment were taking place today, do you think that some corporate entity would see it as a brand opportunity as well? Would Dr. King have done Nike ads? But yes, I’m not sure Facebook does much for real activism when they treat it as just another app.”

graphic reproduction of page one of Freedom's Journal

The printing press was a tool for social activism

activism IS just another app to a corporation

Neither Facebook or Twitter are activists; they are corporations. They are not forces for good or evil.
They exist to make a profit.   These are businesses that provide a platform and offer apps.   Corporations
don’t care about the environment, but they will
go “green” if it means an increase in profitability.

A long time ago, a man named Gutenberg invented a tool called a printing press.   Over the years, this invention has been used to print bibles, history books, political manifestos, novels, newspapers, wedding invitations and even magazines like the New Yorker.   A tool is only as good as the use to which it’s put.

So why is Malcolm Gladwell attacking “social media”?   Although asked to define “social media” it in yesterday’s chat, he declined.   In the article he says,

It shifts our energies from organizations that promote strategic and disciplined activity and toward those which promote resilience and adaptability. It makes it easier for activists to express themselves, and harder for that expression to have any impact. The instruments of social media are well suited to making the existing social order more efficient. They are not a natural enemy of the status quo. If you are of the opinion that all the world needs is a little buffing around the edges, this should not trouble you. But if you think that there are still lunch counters out there that need integrating it ought to give you pause.

Malcolm Gladwell, Small Change: Why the revolution will not be tweeted

According to Gladwell, social media tools are not only a waste of time which could be better spent making a real difference, but they bolster the status quo.   He doesn’t offer any support for this premise either, though.

During the article he raises the stakes so that we aren’t just talking about ‘activism, we’re talking about ‘high-risk activism.’   The implication being that social activism without a component of personal jeopardy is not important.   Which is kind of like saying journalism without jeopardy is valueless.

Like Gladwell, I too grew up with stories of the civil rights movement.   A lot was accomplished.   Great odds were overcome.   And of course it makes for high drama.   Which is great on a movie screen but for the people living it, not so much.   In fact, I’m guessing that most activists would prefer not to give up their lives or their freedom or their livelihoods to meet their goals.   Think how much more Mr. King might have accomplished had he lived.

White lowercase letter F on a blue field is the FaceBook logo

Many of the more than 200,000 Canadians who had felt increasingly disenfranchised by unresponsive government have been organizing under the Canadians Against Proroguing Parliament group on Facebook.

Because it IS “easier for the powerless to collaborate, coördinate, and give voice to their concerns.”   And that’s a good thing.

Ironically a high school student created a Facebook activist group that helped save a forest in Gladwell’s home town.

Without actually using digital media, it is easy to be ignorant of the fact that conversations are possible in 140 character bursts. Links to longer works or reference material can be transmitted if more depth is required.

Malcolm Gladwell should understand the importance of these communication media, as he says himself,

“Our acquaintances—not our friends—are our greatest source of new ideas and information. The Internet lets us exploit the power of these kinds of distant connections with marvellous efficiency.

Malcolm Gladwell Small Change

Yet he brushes it off as being important to business, not activism.   It seems that Malcolm Gladwell thinks we have all the information we need.   I think he’s wrong.   The older I get, the more there is to learn.

Particularly as we are smack dab in the midst of a digital revolution. It was fascinating to watch history being made as the UK’s Digital Economy Bill was debated in the House of Lords while being filled in on the background by UK citizens on an IRC channel.   Twitter and Facebook aren’t the whole story, there are blogs, and podcasts, and even other microblogging services like the non-proprietary Identi.ca.   There are a great many activists to be found on Twitter, and some of the ones I know are:

The blue Twitter bird mascot

@doctorow     @ninapaley     @JesseBrown     @Openattitude     @schestowitz     @PaoloBrini     @p2pnet     @jkoblovsky     @techdirt     @ZeroPaid     @Org9     @zotzbro     @mgeist     @GloriousAndFree     @zittrain     @Crosbie     @lessig     @jerezim     @_the_mad_hatter     @russellmcormond     @copyrightgirl     @crime_minister     @s_nunn     @mgifford     @EFF     @publicknowledge     @creativecommons     @juditrius     @StopActaNow     @OpenRightsGroup     @CETAWatch

Canada is very fortunate to have online activists.   This is especially important at a time when the main stream news media has failed to adequately inform citizens on a number of important topics.   Bloggers and online activists who broadcast and share information online have been picking up the slack.   We are also fortunate to live at a time when the barriers to assembly and partipation have been lowered by advances in digital technology.

In the absence of digital advocacy, Canadians could have been suffering under a Canadian DMCA as far back as 2005.   Bill C-32, the current incarnation of harmful copyright law we are facing, carries serious ramifications for Canada’s digital economy, as well as issues of cultural freedom, responsive government and even sovereignty.

Malcolm Gladwell may not find these issues as important as the Civil Rights Movement was, but they are of vital importance to Canada in the here and now.
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Image Credit: Malcolm Gladwell photo by bunnicula (cc by-nd)

Also: special thanks to John S, for his blog post Whose Ties Are You Calling Weak” for focusing my attention on the issue.

Three Strikes for Industry and Heritage

with one comment

Last year the Industry Ministry held a public Copyright Consultation, soliciting Canadian input on copyright reform. More than 8,000 Canadians made submissions in last year’s Copyright Consultation, and these submissions overwhelmingly said

“NO”

to Digital Locks, or anything resembling a Canadian DMCA.

Canadian DMCA logo

Strike One

Yet this year the government tabled their draft Bill C-32.  Clearly a Canadian DMCA. .

The outcry against Bill C-32 was loud. A fake grassroots movement was the only voice raised in support.  In spike of the universal opposition the Government forged ahead.

Canadians Count: Save The Census

The Minister of Heritage made intemperate remarks in his attempts to silence opposition.  Much worse, his attempts to suppress these remarks, captured on video and likely to haunt him to the end of his career, triggered an even LOUDER outcry.

The Government launched yet another consultation, The Digital Economy Consultation.  The premature digEcon launch was most likely intended to take the heat of Heritage Minister.

Strike Two

Problem was, mismanagement of the “idea-forum” voting caused its very own Census Long form Scandal again placing the Government under fire.

Canadian Flag Superimposed on American Flag

Strike Three

Industry Minister Tony Clement’s announced intent to review C-32 provisions, not because of Canadian concerns but because of an American DMCA  review has raised the ire of more than one Canadian.

More even than holding a press conference announcing Bill C-32 in the office of an American game manufacturer, this has exposed the absolute fiction of Mr. Clement’s promise of “Made In Canada” copyright reform.

The blue Twitter bird mascot

In Canada, both our Federal Minister of Industry and our Federal Minister of Heritage

@TonyClement_MP @mpjamesmoore

are more easily reached via the American microblogging service Twitter than by conventional means.

Yet neither have any presence on the Canadian micro-blogging service identi.ca

Industry and Heritage. For which country?

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#digicon

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was #copycon futile?

Last year the Canadian Government held a Copyright Consultation to ask Canadians what we thought was important for Canadian copyright law. More than 8,000 Canadians from all across Canada made #copycon submissions. We have yet to see if we were heard, although rumour has it that the legislature will be seeing a new Canadian Copyright bill soon… possibly for June 2010. Many of us have serious concerns about whether it was an exercise in futility or not.

No.

From my perspective, even if the government does not listen and learn from the #copycon, I know I have learned an enormous amount about copyright and how we think from other Canadians who made submissions. From things I’ve read and learned from the #copycon, if I were to make a copyright submission today it would be very different. But that’s another post.

Canadians are talking about copyright, and understanding the forces at play much better. The conversation is far from over, and we need to get a handle on things and come to a consensus about before law is made.

What was said by Canadians in the formal Copyright Consultation submissions has laid the foundation of a valuable resource for all Canadians. A reference primer of “What Canadians Want”.

we don’t want bad law

But the law may be made anyway. Rumours that the government will try to push through a Canadian DMCA (a Bill C61 clone) have many citizens worried. But sometimes that happens, bad laws get passed.

Probably one of the biggest exercises in lawmaking futility was the American 1919 Volstead Act which we know more familiarly as Prohibition. God fearing law abiding solid citizens— people who wouldn’t have so much as dreamt of jay walking before Prohibition— instantly transformed into criminals frequenting speakeasies when the American law outlawing alcoholic beverages went into effect. The roaring twenties came and went before Prohibition was repealed in 1933.

Because prohibition favored the goals of a special interest group over society’s mores it just couldn’t work. Aside from fostering near universal flagrant contempt for the law among citizens, a serious byproduct was the support this bad law gave to the growth of organized crime. Before American Prohibition, the mafia was just some petty disorganized criminals. After Prohibition gangsters became rock stars. How many books, articles, movies and even musicals have grown up out of the gangster mystique. Canada’s own gangster wannabes in The Boyd Gang seem to have hatched out of the gangster mythology. Folk heroes even.

Friar Tuck and Robin Hood in Sherwood Forest, Robin In The Hood Festival

Hundreds of years later we still idolize Robin Hood

What I know of history has shown that when bad laws are passed the populace initially chafes and suffers. Although the government passing the bad law hopes that people will put up with it, one thing that they never seem to expect is that bad laws provide their opponents with points of commonality.

Often people who are ideologically incapable of co-operating are galvanized into finding a way to work together when a bad law is passed. The bad law itself becomes a visible rallying point, a specific dragon to slay.

One of the most compelling things that any bad law provides to its detractors are the martyrs.

Although I talked about this story as an example of what to expect if the secret A.C.T.A. treaty is passed, it is a real life demonstration of what is happening right now in the US under the existing American DMCA. A young woman went to jail for the crime of recording her sister’s birthday party.

And although history shows that bad laws tend to be overturned in time, I still think it’s better not to have bad laws in the first place.

In the case of copyright, the people who will be most harmed by bad copyright law are the younger generation, many of whom have not attained voting age. As a mother, this special interest group is important to me, because I don’t want to see bad things happen to our best and brightest.

As a student of history I do know that there will very soon be a time when this generation will not only be able to vote but, may well be able to form a government. When I was a teenager we thought running for student council was a big deal. Today Canada’s newest political party has been formed largely by people barely old enough to vote.

Digital Economy Consultation

In the meantime the Canadian government has again asked us for our input.

This time it is for a Digital Economy Consultation. How the Canadian Government reacts to the changes caused by the digital world will have a huge impact on our future. Our economy.

A long time ago Canada had climbed to the forefront of the world of technology with the Avro Arrow. Yet an incredibly short sighted government pulled the plug on that and well and truly killed the project. Naturally it triggered a “brain drain”, as many of Canada’s best and brightest migrated to the United States to work at NASA. Surely we don’t want to go that route again.

Acryllic on Illustration board painting by Aviation Artist Lance Russwurm

Once Canada led the world in technology...

We certainly don’t want to end up in a legislative shambles the way the United Kingdom has. Their ill advised Digital Economy Bill (know to Twitterati as #DEBill) which was rushed through the legislative procedure without proper scrutiny resulted in a hung parliament and the fall of a Prime Minister. Surely Canada doesn’t want to go that route either.

All Canadians should try to participate…

…even if we say what we think and what we want, and they choose not to hear, the ideas will still be out there floating in the ether.

Judging by the quantity and passion of the comments I’ve been reading in online articles to do with weighty issues like UBB and copyright, many of us have thought about this and have a lot of good ideas. This is a good place to put them. And what better time to be heard than when we are lucky enough to have a minority government. At times like this, governments at least try to give the appearance of listening.

Maybe that doesn’t sound like much, but as a mom I can tell you, when you ask your kid to pretend to go to sleep, before long he really is asleep. Maybe if our government starts out by appearing to listen to our submissions they will accidentally find themselves actually listening.

It’s worth a shot.

#digicon

I think that the #digicon will be just as valuable for Canadians as the #copycon was. The process isn’t quite the same as the earlier consultation. As I understand it, off topic comments (such as talking about copyright reform) are likely to be moderated out of the forums.

Read the #digicon Consultation Paper
Participate in the digicon forums – see what other people have to say
DENT about #digicon
tweet about #digicon.
Talk about it on your wall.
Then write your own submission.
**Note: They want a 250 – 500 word summary of the submission as well. I assume to make it easier to sort the piles.

the process

It seems that although the 40 page Submission Guidelines can be downloaded as a PDF, they are also available in clear HTML on the website. Yay! I love that they are asking for submissions in

text-only format or as a document upload (e.g., Word, RTF or WordPerfect formats”

http://de-en.gc.ca/submissions/

Sounds like they’d rather not get stuck in the PDF morass they had for copycon. Deconstructing all the PDF submissions is probably the chief reason why it took so long for all the submissions to be posted online.
(I hate PDFs!)

time limit

As of today, there are 49 days to make a submission. But there’s a lot to think about, so don’t leave it until the last minute (as so many of us did with #copycon)

Things you might say today may help someone else develop a brilliant strategy that would benefit us all. (Hint: that’s why re:mixing is such a good idea)

back-up

I read a comment yesterday from someone who was concerned that the comment or link they’d posted to the #digicon page had been subsequently removed (or moved somewhere else).

If you’re concerned that may happen to your comments or links, or if you’ve something you want to say about the Canadian Digital Economy Consultation that you feel may not survive their moderation, feel free to put it in the #digicon links & comments
My only rules: no spam, no personal attacks/hate mongering.

Similarly, if you have pertinent links you think may help answer questions or examine the issues, feel free to include them. If they start to pile up, when I have a minute I’ll list them under #digicon links in the sidebar.

insurance

Because some Canadians are a bit cynical, we not only submitted our formal #copycon submission to the government, we also posted it on our blogs or websites as (ahem) insurance.

As any emerging artist knows, the wider you can disseminate your art the more people will have the opportunity to become a fan. Or in this case, the more people who can see and read the argument, the more can understand the argument.

to blog or not to blog

If you don’t have one, you can get a free blog from various sources; personally I’d recommend WordPress.
If you don’t want a blog, but want to be heard, I’m willing to post submissions on the Oh! Canada blog as a guest post.

Consultation Questions

Innovation Using Digital Technologies

  • Should Canada focus on increasing innovation in some key sectors or focus on providing the foundation for innovation across the economy?
  • Which conditions best incent and promote adoption of ICT by Canadian business?
  • What would a successful digital strategy look like for your firm or sector? What are the barriers to implementation?
  • Once copyright, anti-spam and data breach/privacy amendments are in place, are their other legislative or policy changes needed to deal with emerging issues?
  • How can Canada use its regulatory and policy regime to promote Canada as a favourable environment for e-commerce?

Digital Infrastructure

  • What speeds and other service characteristics are needed by users (e.g., consumers, businesses, public sector bodies) and how should Canada set goals for next generation networks?
  • What steps must be taken to meet these goals? Are the current regulatory and legislative frameworks conducive to incenting investment and competition? What are the appropriate roles of stakeholders in the public and private sectors?
  • What steps should be taken to ensure there is sufficient radio spectrum available to support advanced infrastructure development?
  • How best can we ensure that rural and remote communities are not left behind in terms of access to advanced networks and what are the priority areas for attention in these regions?

Growing the ICT Industry

  • Do our current investments in R&D effectively lead to innovation, and the creation of new businesses, products and services? Should we promote investments in small start-ups to expand our innovation capacity?
  • What is needed to innovate and grow the size of the ICT industry including the number of large ICT firms headquartered in Canada?
  • What would best position Canada as a destination of choice for venture capital and investments in global research and development mandates?
  • What efforts are needed to address the talent needs in the coming years?

Canada’s Digital Content

  • What does creating Canada’s digital content advantage mean to you?
  • What elements do you want to see in Canada’s marketplace framework for digital media and content?
  • How do you see digital content contributing to Canada’s prosperity?
  • What kinds of infrastructure investments do you foresee making in the future? What kinds of infrastructure will you need in the future to be successful at home and abroad?
  • How can stakeholders encourage investment, particularly early stage investment, in the development of innovative digital media and content?

Building Digital Skills

  • What do you see as the most critical challenges in skills development for a digital economy?
  • What is the best way to address these challenges?
  • What can we do to ensure that labour market entrants have digital skills?
  • What is the best way to ensure the current workforce gets the continuous upskilling required to remain competitive in the digital economy? Are different tactics required for SMEs versus large enterprises?
  • How will the digital economy impact the learning system in Canada? How we teach? How we learn?
  • What strategies could be employed to address the digital divide?

Improving Canada’s Digital Advantage

  • Should we set targets for our made-in-Canada digital strategy? And if so, what should those targets be?
  • What should the timelines be to reach these targets?

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There are a lot of questions. After reading the material, listening and/or participating in the forum discussions, chatting with co-workers around the water cooler or the oil rig, or the kids in your youth group, or with your e-friends on Identi,ca, Twitter or Facebook…

Say what you think.

Our government is asking us for input. Let’s give it to them.

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[Digital Economy Simulpost: Since this will affect all Canadians, I'm posting the same post in all three of my blogs, Oh! Canada, StopUBB, and in the wind]

Canada don’t need no stinkin’ DMCA

with 20 comments

Canada don’t need no stinkin’ DMCA
(or DCMA)

Title amendment at June 1st, 2010
Michael Geist says that they are planning to call the new “copyright” law
the
Digital Copyright Modernization Act or Canadian DCMA  
I guess that ways they can say it isn’t a “Canadian DMCA” with a straight face…. llr



Yesterday morning I was just taking a quick peek at Twitter before getting back to revisions when I saw a tweet from The Electronic Frontier Foundation:

Electronic Frontier Foundation logoRT@BoingBoing Canadian Prime Minister promises to enact a Canadian DMCA in six weeks http://bit.ly/c8Re4h

That did not sound promising. In fact it sounded downright scary. The Digital Millenium Copyright Act (DMCA) is widely known to be a deeply flawed draconian copyright law. And that isn’t just a Canadian perception, that’s an opinion shared by many people around the world. It is reasonable to assume that a good part of the citizen resistance to A.C.T.A. is a direct result of seeing the DMCA in action.

You might wonder why I am so concerned. After all, this is just the announcement of a bill that won’t even be available for First Reading before June. This bill is so new it doesn’t have a number yet. But previous drafts of so called Canadian “copyright reforms” have been bad. And the fact that representatives of this government are involved in the fast tracked secret A.C.T.A. negotiations does not instill confidence.

being heard

It seems that increasingly our elected representatives choose to ignore Canadians. After all, more than eight thousand concerned Canadians made submissions to the copyright consultation. What we said appears not to have been heard by our government.

As a mother, I have a powerful stake in the future. As a creator and a consumer, copyright is also very important to me. But I am only a private citizen. One person. So it takes a lot to make my voice heard.

When my government demonstrates its willingness to ignore not just my voice, but the voices of thousands of my fellow citizens, then I need to do my best to encourage even more citizens to speak up. That means starting now, before the new bill is released to public scrutiny because there must be time to inform many more Canadians of the issue.

In 2007, the architect of the DMCA and the WIPO Internet Treaties admitted:

“…our attempts at copyright control have not been successful…”

—Chairman Bruce Lehman, International Intellectual Property Institute March 24, 2007
boingboing: DMCA’s author says the DMCA is a failure, blames record industry

Like most Canadians, back then I was so busy with my life that I wasn’t paying much attention. I was leaving politics and lawmaking to the professionals. After all, that’s what they’re paid for, right?

American Flag hangs down

It seems that the politicians want Canada to ratify the WIPO treaties. But that can’t happen until we have enacted domestic laws to back them up. This is why first the Liberals, and now the Conservatives, are trying to put through copyright reform.

The thing of it is, according to Howard Knopf Canada has strong copyright Laws, maybe too strong. In many ways stronger than American Copyright Law.

Now, in 2010, the EFF has made this assessment of the DMCA:

  • The DMCA Chills Free Expression and Scientific Research.
    Experience with section 1201 demonstrates that it is being used to stifle free speech and scientific research. The lawsuit against 2600 magazine, threats against Princeton Professor Edward Felten’s team of researchers, and prosecution of Russian programmer Dmitry Sklyarov have chilled the legitimate activities of journalists, publishers, scientists, students, programmers, and members of the public.
  • The DMCA Jeopardizes Fair Use.
    By banning all acts of circumvention, and all technologies and tools that can be used for circumvention, the DMCA grants to copyright owners the power to unilaterally eliminate the public’s fair use rights. Already, the movie industry’s use of encryption on DVDs has curtailed consumers’ ability to make legitimate, personal-use copies of movies they have purchased.
  • The DMCA Impedes Competition and Innovation.
    Rather than focusing on pirates, some have wielded the DMCA to hinder legitimate competitors. For example, the DMCA has been used to block aftermarket competition in laser printer toner cartridges, garage door openers, and computer maintenance services. Similarly, Apple has used the DMCA to tie its iPhone and iPod devices to Apple’s own software and services.
  • The DMCA Interferes with Computer Intrusion Laws.
    Further, the DMCA has been misused as a general-purpose prohibition on computer network access, a task for which it was not designed and to which it is ill-suited. For example, a disgruntled employer used the DMCA against a former contractor for simply connecting to the company’s computer system through a virtual private network (“VPN”).”

— Electronic Frontier Foundation, Unintended Consequences: Twelve Years under the DMCA

Canada has been under heavy pressure from the United States to follow their legislative lead and create our own DMCA.

First, the Liberal Party of Canada gave it a try with Bill C-60. Fortunately for Canada, the Liberal Party had a minority government at the time and a non-confidence vote killed their Bill C-60. I have no doubt that this law would have passed had there been a Liberal majority.

Next, the Conservative Party of Canada put forth their own Bill C-61 in an attempt to create a Canadian DMCA. Canada was again lucky to have a minority government. There was an even greater outcry from the citizenry. Embarrassing articles in ars technica: “Canadian DMCA” brings “balanced” copyright to Canada and boingboing: Canadian DMCA is worse than the American one seem to have been prevalent. I have no doubt that this law would have passed had there been a Conservative majority.

Luckily for us, Bill C-61 was scrapped by Prime Minister Stephen Harper’s first premature prorogation. The Conservatives promised to re-introduce Bill C-61 if they were re-elected. But although they were re-elected, it was without the majority they expected.

but we can’t bank on being lucky

With a minority government, the Conservative government took the reasonable path of addressing one of the chief complaints about the previous attempts — lack of meaningful public consultation. The Ministry of Industry mounted a Canada wide Copyright Consultation. They held “Town Hall” meetings across the country. Unfortunately complaints of “stacking” the speakers, incidents of interested parties being prevented from disseminating literature, or citizens being denied access to the “town hall” venues of these “public” meetings were leveled throughout this part of the process.

But this is the 21st Century. They don’t call this the Information Age for nothing. And to their credit, Industry Canada’s web site hosted an online consultation that would accept submissions from any and all Canadians who cared to speak up. As a citizen, I thought this a good use of technology. This is a prime example of just how democracy can be fine tuned to accurately reflect the will of the people in the 21st Century.

Isn’t the point of a democracy the creation of laws that reflect society’s mores?
How better than to assess the wants and needs of Canadian society than by soliciting the input of concerned Canadians?

More than 8,000 Canadians made written copyright consultation submissions answering the handful of questions posed by the Ministry. Michael Geist provided a nice breakdown and this rebuttal of Robert Owen’s analysis is a good too.
[Mixed up links corrected above]

The Canadian government asked for citizen input and they got it. Instead of the few hundred submissions that I gather are a more common response, they received thousands of submissions. Many Canadians assumed that our government might actually consider what we told them. After all, they asked us what we thought.

Was the copyright consultation all smoke and mirrors?

no DMCA Canadian Flag

boingboingboingboing: Canadian Prime Minister promises to enact a Canadian DMCA in six weeks

Michael Geist

Michael Geist: PMO Issues The Order: Canadian DMCA Bill Within Six Weeks

p2pnet: It’s official – the United States of Canada

Zero Paid

Zero Paid: Canadian DMCA To Be Tabled Within Weeks

Forums » O Canada! » Canadian » Canadian Broadband
» PMO Issues The Order: Canadian DMCA Within Six Weeks!!


Millsworks: Canadian DMCA In 6 Weeks

ideas revolution: Canadian DMCA Bill Within Six Weeks?

Canadian Coalition for Electronic Rights: Dear Canada, your voices don’t really matter. Canadian DMCA in 6 weeks. Regards, Stephen Harper

Apparently the phrase “Canadian DMCA” got so much play yesterday that it actually became a Twitter trending topic. Hmmmm, sure sounds as though Canadians actually care about this issue.

the boingboing comment that got to me was


CG • #9 said:
“…they didn’t listen to the consultation; why would they listen this time?”

– boingboing: Canadian Prime Minister promises to enact a Canadian DMCA in six weeks”

If we look at it that way, and throw up our hands in disgust, THEY WILL HAVE WON.

How is the government looking at this? This is a protest by a “special interest group”. A mere handful of Canadians… less than 9,000… made submissions. Come on, out of 33 million? That’s only a tiny fraction. Do the math.

Prime Minister Harper doesn’t think it is enough opposition to make a difference. After all, it is ONLY some lowly radical tech people who are against it. And maybe a few of the musicians who have begun establishing recording careers without having to give record companies their copyright. [Did you know that 30% of the Canadian recording industry has gone independent? Is THAT the real reason the music biz wants to stop p2p?]

The problem is that the Government is correct. Most Canadians don’t understand what is happening or what this will mean.

Canadian Flag Superimposed on American Flag

Perhaps our government is counting on us getting angry at being ignored, and then frustrated beyond endurance, until we come to the point we have to give up and get on with our real lives, leaving them free to do whatever they want.

In this instance pandering to the American Government– who are in turn pandering to their own giant media corporations. Make no mistake– the American DMCA does not serve American citizens, it serves American corporations. You know the ones I mean. Corporations like Disney, who want copyright to never end. Corporations like the big music companies who used to control the entire recording industry of the entire world. In Canada, that’s the CRIA, the “Big Four” American branch plants that used to control 100% of the Canadian recording Industry.

Since the advent of the Internet, and p2p filesharing, Canadian musicians are going independent. Leaving the four CRIA record companies in control of only 70% of the Canadian recording industry.

That is probably the real reason Canada makes it onto the USTR watch list every year. That USTR list is one of the main reasons why Canada is perceived to be a haven of piracy when in fact there is far less infringement here than most places. Certainly less than the United States. On April 14th of this year, Michael Geist reported American government findings: U.S. Government Study: Counterfeiting and Piracy Data Unreliable, and on April 30th USTR’s Bully Report Unfairly Blames Canada Again. Yet the Canadian government didn’t even make an issue of this or make a submission to the USTR.

So the United States keeps putting Canada on their “watch list”. Our friendly neighbor to the south is accusing us — in the absence of credible facts — of being a pirate nation.

First they call us names, and malign our international reputation, but then they promise to stop if we give them what they want. Isn’t there a word for that?

All they want is our sovereignty.

This is why it so important to NOT GIVE UP.

Canadians can’t afford to give up in frustration. And there are things to do. If enough of us do them, we may be heard.
pile of Canadaina newspapers

  • 1. First: TELL everybody that you know. The mainstream news media isn’t talking about it, so we need to.
  • 2. EXPLAIN the issues to everybody who will listen. If you can’t explain it, (after all, how many of us are IP lawyers?) send them to any of the links above, send them to Michael Geist, Howard Knopf, BoingBoing, p2pnet, zeropaid, wikipedia… wherever, whatever it takes.
  • 3. Write letters to politicians.
  • Michael Geist recommends sending an actual paper mail letter via snail mail postal mail.   Right or wrong, politicians attach far more weight to paper letters than email. After all, anyone could say they were anyone on an email. (Like that doesn’t hold true for a paper letter.) But email is EASY. It takes so little effort for us to send that maybe it doesn’t mean we’re really serious. We haven’t showed our commitment to the issue by writing on actual paper and giving Canada Post something to do. Last year when I emailed politicians about an issue, some of them weren’t tech savvy enough to turn off the email confirmations. Of those, about half confirmed that my email was deleted without being read. So look at it this way, if you send them a paper letter, someone in the office has to at least open it before throwing it out.

    If you don’t know who your representative is in your riding, this is a link to the MP postal code look-up. Find your MP and the first letter should go to your own MP, but don’t stop there. Send letters to:

    Conservative Party of Canada logo

    Prime Minister
    The Right Hon. Stephen Harper, P.C., B.A., M.A.
    House of Commons
    Ottawa, Ontario
    K1A 0A6

    Minister of Industry
    The Hon. Tony Clement, P.C., B.A., LL.B.
    House of Commonscopyright symbol over a red maple leaf
    Ottawa, Ontario
    K1A 0A6

    Minister of Heritage
    The Hon. James Moore, P.C., B.A.
    House of Commons
    Ottawa, Ontario
    K1A 0A6

    Liberal Leader
    Michael Ignatieff, B.A., M.A., Ph.D.
    House of Commons
    Ottawa, Ontario
    K1A 0A6

    BLOC Leader
    Gilles Duceppe
    House of Commons
    Ottawa, Ontario
    K1A 0A6
    [*M. Duceppe would prefer communication in French, but I've heard that he's classy enough to respond to mono-lingual English speakers in English
    (in other words, English would be better than a bad Google translation]

    NDP Party of Canada

    NDP Leader
    The Hon. Jack Layton, P.C., B.A., M.A., Ph.D.
    House of Commons
    Ottawa, Ontario
    K1A 0A6

    NDP Technology Critic
    Charlie Angus
    House of Commons
    Ottawa, Ontario
    K1A 0A6

    Green Party LogoUnelected leader of the Green Party
    Elizabeth May
    http://greenparty.ca/contact
    [The green party of canada only makes phone and web contact information available on their site. I guess that's a reasonable stance for an environmental party.
    (Maybe I just couldn't find it since I'm tired, being up way past my bedtime to finish this.) You could call during business hours, but my guess is that emailing would be fine here.]

    The Unelected Leader of the Pirate Party of Canadapirate party of canada
    Jake Daynes
    Pirate Party of Canada
    43 Samson Blvd #165
    Laval QC H7X 3R8
    [Since the Pirate Party exists to promote copyright reform, it's reasonable to assume they oppose any DMCA like legislation, but it wouldn't hurt to discuss the issues with them. One reason I plug them is because they legally distribute music from some great Canadian bands free online through their p2p Pirate Tracker. Great for Canadian heritage, eh? Last I heard the PPOC was expecting the official party status notification which will make them eligible to field candidates for the next Federal Election.]

    Canadian Flag through tree

    It certainly wouldn’t hurt to ferret out any smaller political parties that may exist in your riding. Wikipedia of course has a list of canadian political parties which would be an excellent starting point. The more people we have talking about copyright, the better

  • 4. Submit letters to the Editor to your local newspaper, or one of the national ones, or magazines like MacLeans. Comment online (where appropriate). Talk to your local radio station– great interview topic, make for a good phone in show… Or find a local Indie band. Chances are they will know exactly how important this fight is. Maybe they’ll play a free concert in the park to raise awareness.
  • 5. Blog if you’ve got a blog. If you don’t, it’s really easy to start one. (most blogs are much shorter than this. Really.) If you really don’t want to start a blog, but you’ve got something to say, contact me (or another blogger of your choice) about doing a guest blog post.
  • 6. Use Twitter, Identi.ca, Facebook, IRC channel chat rooms– or any other internet information sharing thing you are part of– to spread the word. (Michael Geist has a Fair Copyright for Canada group on Facebook, and the Facebook CAPP group is still out there.
  • 7. There is also Fairvote Canada a grass roots non-partisan electoral reform movement which is growing local chapters across the country. On Wednesday May 12th the Waterloo, Chapter is hosting a debate Debate: Strategic Voting – What’s a voter to do?.

It has taken so long to get this article done that it’s Thursday… and I’m just about to post this monstrosity but I thought I’d include a link to Michael Geist’s latest on the subject Covering the Return of the Canadian DMCA as he’s included many links to articles I haven’t had time to look at yet both online and (ahem) in the mainstream news media.

(If there’s enough buzz, the mainstream HAS to follow.)

Get involved. There are many ways to participate. It’s for our future.



Update May 9th, 2010
It wouldn’t hurt to add two more to the list of letter recipients:

Liberal Industry critic
Marc Garneau
House of Commons
Ottawa, Ontario
K1A 0A6

Liberal Heritage critic
Pablo Rodriguez
House of Commons
Ottawa, Ontario
K1A 0A6

These late additions are courtesy of Canadian Coalition for Electronic Rights. This group has a nice form letter on offer so you can Send A Letter To Ottawa To Stop The Canadian DMCA. You can customize the letter in their online form, and when you submit it, they will electronically submit your letter to an array of politicians (a less extensive list than mine, which is a kitchen sink approach) and then the CCER also undertakes to forward a hard copy to these same politicians.

Certainly it is less work to allow someone else to do the mailing for you, but that’s always a bit dangerous. One of the simplest ways to protect yourself online–a simple internet security safeguard– is to not give out any more personal info than you absolutely have to online. There are times when we haven’t a choice. When dealing with my bank, I HAVE to identify myself to them if I want to be able to access my cash. But then, I only access my bank through their secure (read encrypted) web page.

I wouldn’t use a form myself, partly because I’m a writer, and partly because, like email, politicians assign less weight to a form letter. On the other hand, a form letter is much better than no response at all. Of course, I might cut and past their form letter into Open Office to use as a road map for writing my own.

This is not to malign the Canadian Coalition for Electronic Rights. They are just trying to make it as easy as possible for concerned citizens to put their two cents worth in, because the CCER understands the importance of speaking out. But ANY time you fill in a form like this and send your unencrypted personal information over the Internet it can easily go astray or be harvested by spammers. Especially in Canada where the CRTC has given Bell Canada permission to use Deep Packet Inspection on Canadian Internet traffic. DPI makes it possible for Bell to see anything unencrypted that we put online. Bell Canada assured the CRTC that it would not abuse this process, but there is no oversight or any meaningful complaint procedure in place should your personal information be compromised in any way.

I’ll opt for caution.


P.S. The bill is scheduled to be tabled (introduced into the legislature, I think that means first reading but I may be wrong) this afternoon.

For breaking news check Michael Geist’s blog. Curerently this is the latest:

“We Don’t Care What You Do, As Long as the U.S. Is Satisfied”

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