Whoa! Canada

laurel l. russwurm's political musings

Posts Tagged ‘Michael Geist

No More NAFTA ~ ACTA ~ Stop the TPP

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Canadian Flag Superimposed on American Flag

Do you remember NAFTA?

Canadians exercised our democratic right to fire Brian Mulroney and his entire political party (save 2) for inflicting NAFTA on Canada. We said NO to NAFTA.

In decimating the Progressive Conservative Party, we replaced Mulroney with a new Liberal Prime Minister.  PM Jean Chrétien took office with a decisive majority, because he had:

“…campaigned on a promise to renegotiate or abrogate NAFTA; however, Chrétien subsequently negotiated two supplemental agreements with the new US president.”

Wikipedia: NAFTA

No one doubted that the majority of Canadians emphatically said NO.  We did what we are supposed to: we changed the government to make our point.  Yet it didn’t help.  NAFTA is alive and well in Canada.

[And people wonder why so many Canadians don't vote.]

Casseroles Protest

It’s no wonder governments seek to negotiate trade agreements in secret; citizens might vote them out if we knew what they were doing. Even our protests might slow them down.

In spite of onerous non-disclosure agreements, information about the dreadful secret trade agreement ACTA (the so-called “Anti-Counterfeiting Trade Agreement”) kept leaking out. I blogged extensively about ACTA in my interweb freedom blog. Enough was known about it to frighten Europeans into taking to the streets. The result was that ACTA was rejected emphatically after European citizens took to the streets to tell their governments “NO!”

The ACTA agreement crumbled, or so the world thought . . .

The agreement was signed in October 2011 by Australia, Canada, Japan, Morocco, New Zealand, Singapore, South Korea, and the United States.[6] In 2012, Mexico, the European Union and 22 countries which are member states of the European Union signed as well.[7] One signatory (Japan) has ratified (formally approved) the agreement, which would come into force in countries that ratified it after ratification by six countries.

Wikipedia: Anti-Counterfeiting Trade Agreement

Casseroles demonstration

Although many people believe the world rejected ACTA, Canada has not. Some of the worst of the laws that erode civil rights that are being forged by Canada’s “majority government” are in service of the ACTA trade agreement. ACTA is alive and well in Canada.

And now the The TPP (Trans-Pacific Partnership is coming.

Governments and special interests  pursue these treaties in secret because the terms are detrimental to citizen interests. They then use the existence of such “trade treaties” to justify draconian changes they then make to our domestic laws. We are told they “have to do it” because of the treaty commitment. Funny how the Harper Government doesn’t “have to” live up to Canada’s Kyoto commitment.

Make A Difference

The Inter-Continental Day of Action, 31 January 2013 is gearing up across Canada, the United States and Mexico to protest the Trans Pacific Trade Agreement (TPP), the latest in the dizzying proliferation of “trade agreements” that sacrifice the public good in the interests of servicing the objectives of corporations.

Find your local event, or start your own!

Canadians Demonstrating

Canadians are getting better at demonstrating because we have to.

Why the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is a Bad Idea

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cows in an Ontario field

The Harper Government is giving Canada CETA, (the Canada-EU Comprehensive Economic and Trade Agreement) which they tell us is “the most ambitious [Free Trade Agreement] Canada has ever attempted, encompassing every sector of the economy from automobiles to financial services, intellectual property to government procurement” as reported by the CBC in Stephen Harper signs EU trade deal in Brussels. Although the details are sketchy, there is a slick website designed to sell CETA to Canadians. Canadian reporters were “briefed” with what the government wants them to know about the deal before today’s press conference.

It isn’t just reporters being kept in the dark.  As Michael Geist points out, Canadians don’t know what the actual terms of CETA are. Instead of releasing the full text of the agreement, our government has only issued summaries, essentially a press release. The deal has been in the works since 2008, and enough dribs and drabs of information have been leaked to raise quite a few red flags. This is the opposite of government transparency; instead of consultation, Canadians are being told in glowing terms what our government does in our name after it is already done.

Democracy?  I think not.

We are being told CETA paves the way for a large increase in Canadian meat exports to the EU, but it will come with a cost to the Canadian cheese industry which faces a dramatic increase in EU cheese imports.  Now we know which Canadian cows had the more powerful lobby group.

But a free market?  Hardly.  But CETA is so much more than that.

THE COPYRIGHT QUESTION

Last year there was a great deal of concern that CETA was being used as a backdoor mechanism to revive ACTA.

But now the Harper Government says CETA is in line with Canada’s current Copyright Law. We are told we won’t need to implement the onerous copyright provisions once contemplated in order to make Canada ACTA compliant in earlier CETA drafts.  These provisions were supposed to have been removed because of strong ACTA opposition in the EU.  

Apparently the EU listens to its citizens.  Democracy, eh? 

Since they have not released the text of the CETA agreement, the reality is that we won’t know what CETA will do to Canadian Copyright Law until after the deal is ratified and made public.

COUNTERFEIT LAW

CETA is expected to increase border powers to seize counterfeit goods that allegedly infringe trademark, copyright or patent law without a court order.

This is the physical good equivalent to DMCA take downs, which treat copyright infringement allegations as though they are evidence.  This streamlines the process, dispensing with that inconvenient idea of innocence until guilt is proven.  After the web page or website has been taken down, (and your business is disrupted, and its reputation damaged) the accused must demonstrate innocence to get their website restored. But at least people can get it back.

Will the same be true at the border? Or will the seized goods be destroyed ~ as counterfeits routinely are ~ before it can be shown they have not infringed anything?

BRANDS

The sparkling wine pioneered in Champagne, France came to be known throughout the world as “champagne.” But the vintners in the Champagne region felt hard done by when sparkling wines made elsewhere were called “champagne,” so in recent years the LCBO has labelled it “sparking wine” at the LCBO unless it actually comes from France.  Hundreds of European items enjoy this kind of “brand protection” and CETA will extend it further.

They call this “Geographical Indications,” and what it means governments are dictating what language we humans are allowed use.

INTERNET SURVEILLANCE

Electronic commerce (page 27)
“Canadians shop and plan holidays online, and buy and download software and entertainment content, including movies, television and music. Advertisers are making increased use of “smart advertising” on the Web to track our shopping habits and promote specific deals likely to interest us.”

Do Canadian citizens really need to be subjected to even more internet surveillance?

TELECOM

Improved competition ensures greater choice for consumers  (Page 24)

“CETA will ensure that all players in the telecommunications market have fair access to networks and services, and ensure that regulators act impartially, objectively and in a transparent manner. Service providers and investors will benefit from increased transparency and predictability of the regulatory environment and secure, competitive marketplaces.”

Many Canadians know the CRTC has not protected our interests, effectively putting us at the mercy of the telecommunication companies for Internet, Broadcast television or Cell phone systems.  We already pay some of the highest prices in the world for insufficient to mediocre service.   Sounds like CETA will only make this worse.

PATENT LAW

CETA will allow large pharmaceutical companies to extend patent terms and keep generic medicines off the market for longer.  But instead of reinvesting increased revenues in advances, Michael Geist points out that the research and development in the Canadian pharmaceutical industry has decreased as patent “protection” increases.

Critics say this “could drive up costs for provincial drug plans and consumers by about $1 billion.”

FREE TRADE

Canadian Flag

The Harper Government is talking about compensating the industries for the losses CETA will cause as though this is a reasonable solution.

This means the same taxpayers who have not been consulted will foot the bill for CETA’s corporate welfare.

Canadians have seen the damage so-called free trade agreements can do.  Free Trade has made Canada the sixth most sued country in the world.

But CETA doesn’t just give away our natural resources, it threatens our health care.   Why do our governments keep doing these things?  It isn’t about free markets, or democracy, this is another winner takes all tale.  Once agaisn the most powerful lobby group wins, and leave the citizens to pay the piper.

Canadians need Proportional Representation if we’re ever to have democracy.

“If signed, CETA could unfairly restrict how local governments spend money and ban “buy local” policies, add up to $3 billion to the price of drugs, create pressure to increase privatization of local water systems, transit and energy, and much more.”

— The Council For Canadians: Canada-EU (CETA)

The only question Canadians need ask is, who will CETA benefit?

Not us, certainly.

a horizontal border of red graphic maple leaves

Further Reading:

Proposed CETA deal will put small cheesemakers out of business—DFC

Harper’s CETA Priority Is to Protect Big Corporations, Not Human Rights

Canada-EU Free Trade Deal: European Drug Demands Would Cost Canadians Up To $2B A Year

Excessive corporate rights in Canada-EU trade deal are unacceptable to broad section of European, Canadian and Quebec society

Michael Geist: Canada – EU Trade Agreement Reached “In Principle”, Part One: Now Release the Text

Canada – EU Trade Agreement Reached “In Principle”, Part Two: The Intellectual Property Provisions

CETA Reached “In Principle”, Part Three: Meaningless Claims on Telecom & E-commerce
CETA Reached “In Principle”, Part Four: Pharma Gets Patent Extension Despite Declining R&D in Canada

Canada-EU trade deal: Sell-out or celebration? Public needs a veto on massive corporate rights treaty

The Council of Canadians: Canada-EU (CETA)

a horizontal border of red graphic maple leaves

This is a Poll … A WHAT? … A Poll!

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Our government is in the midst of making a law called Bill C-11, the “Copyright Modernization Act”, which will have serious consequences to all of us. But I’m wondering: how many of us actually understand what it is all about?

All the Canadians who responded to the government’s copyright consultation have some idea of the importance of the issue. The people who read Michael Geist, Russell McOrmond’s Digital Copyright Canada, ZeroPaid, p2pnet, itworld, Tech Dirt or Boing Boing will know something about it. If you make a living from one of Canada’s many copyright collectives or from the mainstream CRIA, RIAA or MPAA — you’ll probably know the company line and will have some understanding of what its all about. There are even some creators — the people who create the work that is “protected” by copyright — who understand the issues.

But I’m wondering if most Canadians are tired of hearing about copyright law it, or because they have no idea what it’s really about. This matters because the changes to Canada’s copyright law will effect the lives of every Canadian, not just those involved in the copyright industry.

You may recall reading how much I hate polls. But the polls I hate are those used as marketing rather than for information gathering. I want to gather information for that last few posts I will be writing before the government passes Bill C-11. And a poll seems the best way to proceed. I’m putting polls anywhere I can to find out if my assumption that most Canadians have been left out of the loop is correct. So I hope you’ll help me out here by answer my three little questions. And by the weekend I’ll write an article incorporating the results.

And now you can listen to Jesse Brown’s Audio Podcast #127: Digital Locks have Nothing to do with Copyright

Yesterday’s Search Terms …. #SOPA

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I am not an expert on SOPA, PIPA, or American Censorship of the Internet; but I do know quite enough about the issue to be extremely concerned.  This blog got an awful lot of traffic yesterday, and it seems that there were a lot of unanswered questions about how this all will affect Canadians.

The following are many of the search queries — what people type into the “search” bar in their browsers — that brought people to this blog yesterday:

  • will sopa affect canada
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American Flag

SOPA and Protect IP (PIPA) will most certainly affect Canada.  These bills assume American governance over all of the Internet used by Canadians.   Under these laws, an American allegation will result, not just in blocking Americans access to Canadian sites accused of infringement, but in Canadian website takedowns.  This is simply unacceptable.  Last time I looked, Canada was a sovereign nation.

If I haven’t answered your questions, please let me know in comments or email (click my avatar image; my email address is posted in my profile), and I’ll address any unanswered questions next week.

In the meantime, for information about the legal ramifications of SOPA/PIPA on Canada, Michael Geist wrote a pretty extensive explanation of the legalities for Canadians in Why Canadians Should Participate in the SOPA/PIPA Protest

You can find information about SOPA from http://americancensorship.org/

… and, of course, Wikipedia has clearly stepped up to the plate on this.

Yesterday, while the US portion of Tumblr was dark, I posted a fair number of screen caps of blacked out sites, as well as reblogging Tumblr SOPA protests on my Tumblr blog.

SOPA and PIPA are bad laws that will very definitely impact on Canadians and our Internet.

flag in winter

Written by Laurel L. Russwurm

January 19, 2012 at 5:44 pm

Bill C-32 and the Environment

with 3 comments

AT

One of the brilliant online activists I “subscribe to” on Identi.ca and “follow” on twitter is Techrights founder Dr. Roy Schestowitz.

Roy passed along the link to this excellent The Story of Stuff video:
The Story of Electronics:
Why ‘Designed for the Dump’ is toxic for people and the planet

The Story of Stuff with Annie Leonard image features Annie Leonard photo holding ipod is integrated with black and white line drawing of Stuff

Because an increasing number of people use GNU/Linux operating systems, or simply resist using the proprietary Flash software, I’ve made a tinyogg conversion which I’ve hosted on my website here: The Story of Electronics – OGG conversion

You can read more of what Ms. Leonard has to say in her
The Huffington Post piece, or read what Geek Dad had to say in Wired about Annie Leonard’s latest film.

Find out more about Annie Leonard’s The Story of Stuff Project including steps that we can take to get involved on her website.

I think that this film is brilliant in its simplicity; it explains exactly what is wrong with what Annie Leonard calls the Electronics industry’s “Designed for the Dump” strategy.
They try to make this sound palatable by calling it “planned obsolescence”.

Deliberately manufacturing short lived physical materiel is not environmentally sustainable.

Bill C-32 legislates stuff to the Dump

Canadian DMCA

This Canadian DMCA will be WORSE than the American DMCA

Bill C-32, the so-called “Copyright Modernization Act,” has finished Second Reading and is in committee.

In spite of near universal opposition to this legislation which continues many bad elements first seen in its predecessors, Bill C-60 and C-61, the draft Bill C-32 ignores the majority of citizen input provided through the 2009 Copyright Consultation.

Michael Geist told Jesse Brown Bill C-32 will probably pass this time in the November 9th TVO Search Engine podcast.

But as bad as the American DMCA is, Bill C-32, the Canadian version will be much worse.

The DMCA does not make any aspect of their Fair Use regime subservient to technical measures, making the DMCA closer to the intent of the 1996 WIPO treaties to tie TPMs to infringing activities than C-32.

Russell McOrmond, Bill C-32 Frequently Asked Questions

My biggest problem with Bill C-32 as written is that it makes it illegal to circumvent “digital locks,” which are often called DRM (Digital Rights Management) or TPM (Technical Protection Measures), this latter being the language favored by Bill C-32. These “digital locks” are placed on our media and devices by manufacturers to control how we consumers can use the digital media and devices.

Q: How does “The Story of Electronics” tie in to the draft Canadian Bill C-32?

A: Making repair and recycling illegal will legislate Electronics to the Dump

By making circumvention of digital locks illegal for any purpose, electronics and media that still work, or that could be made to work, will now be legally consigned to the dump. Format shifting, recycling and repair of electronics with digital locks will be illegal.

Digital Locks prevent format shifting.

Unlike videotape, DVDs will play in any DVD player. At least until manufacturers add region encoding (digital locks/DRM/TPM).   When a Florida company shipped me a European DVD instead of the region 1 DVD that I would have been able to play on a Canadian DVD player, for me the DVD was garbage. I couldn’t play it the first time.

The company was aware that it was an error and shipped me a new copy of the DVD that was Region 1, so I wasn’t out of pocket. (They did not want the DVD back.) But the environment was.

When people move geographical locations if they move to a different “DVD region,” suddenly all their old technology and media can no longer be used because of digital locks. The ONLY reason that this is so is because of the digital locks applied by the manufacturer. Their idea is, as always, to sell more stuff. Wringing extra money from the consumer.

Consumers want to format shift, again for personal use, so that they can access their legally purchased content on their different devices.

When media and the devices we play it on become obsolete they proliferate in our dumps.

Digital Locks prevent us from repairing problems caused by DRM/TPM

Nobody seems to talk about the fact that the addition of digital locks/DRM/TPM quite often makes our media and devices not work. Ever had trouble playing your home burned home movie DVD in your DVD player. Or your grandmother’s DVD player? How about burning home movie DVDs at all.

Chances are that your digital stuff doesn’t work/is broken BECAUSE of digital locks. DRM. TPM,

If Bill C-32 passes as is, it will be illegal to fix it.

line drawing of a fat screen TV or monitor in a blue box

reusing, recycling

I foolishly bought an HP bubble printer without realizing the ink cartridges have DRM. It doesn’t matter how much ink is actually left in the cartridge, my cartridges are empty when the digital locks say they are. Which means, among other things, that I can’t save money and the environment by refilling them.

But I expect that refilling printer toner cartridges that have TPM will be illegal under Bill C-32 too.

No one is talking about this. Are they copyright issues? They should not be. But it once circumventing digital locks becomes illegal across the board I would expect they would be covered by Bill C-32.

Then there are all the OTHER uses of digital technology. Digital elements exist in refrigerators and cars, not just music and movies. If there aren’t TPMs on these things now, there will be once Bill C-32 becomes law. Because if circumventing digital locks is illegal, manufacturers would be foolish not to put digital locks on anything they can.

Which would be an even worse environmental catastrophe. Governments should not be legislating anti-interoperability.   For the good of the environment.

Canada’s technology will not just be

“Designed For The Dump”

but

“Legislated To The Dump”

by Bill C-32

a horizontal border of red graphic maple leaves

[[Note to Malcolm Gladwell: yes Malcolm, there are online activists, and you know what? They do good work!]



The Story of Stuff Project’s “The Story of Electronics” is licensed under a Creative Commons BY NC ND license

Bill C-32 can be found online,
as can Digital Copyright Canada’s: Bill C-32 Frequently Asked Questions

Book Policy Review

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Canadoan flag overlaid with the text title: Canada's Book Policy Review

Between July 20 and September 18, 2010 the Canadian Government accepted submissions for yet another consultation — a book policy review.   Right now Canadians can comment on the submissions until October 31st, then it will be on to “Phase 3: Roundtable discussions will be held in the coming months.”

I get most of my news online but the first I heard of it was in Michael Geist‘s blog last night.   Since this is a Department of Heritage consultation, I assume the Minister of Canadian Heritage and Official Languages probably “tweeted” about this on Twitter, but I can’t say for sure since @mpjamesmoore has blocked me (and other Canadian citizens) from following his Twitter tweets.

I don’t know how this public consultation was promoted or even if it was.   Maybe after the Copyright Consultation where most submissions gave opinions the government didn’t want to hear and the Digital Economy Consultation’s Long Form Census debacle, the Honourable James Moore prefers low profile “public consultations.”

Since I am working to Self Publish my debut novel “Inconstant Moon” as well as outlining my next (which I intend to write during NaNoWriMo) I don’t have time to even read all the consultation submissions right now.   For that matter, I don’t have time to write this.   But it was important so I’ve read some of them.

The Submissions

“Canadians are avid readers.   Recent research shows that Canadians spend at least six hours per week reading books for leisure and interest, while 85% of Canadians link reading to improved quality of life.”

Investing in the Future of Canadian Books: Review of the Revised Foreign Investment Policy in Book Publishing and Distribution – PART I: INTRODUCTION

Because of the very low profile, there was very little response, unlike, say, the Copyright Consultation.   In spite of the fact that Canada is clearly a nation of readers, only a single “reader” made a a submission.   Running the numbers there were submissions from:

  • 20 Publishers and/or Distributors
  • 10 Industry Associations (I’ve included the Union des écrivaines et des écrivains québécois here since it is a submission made by a union of writers)
  • 9 “Others”, organizations and individuals who may or may not fit in some of the listed categories
  • 3 retailers including Amazon, Chapters/Indigo and Association des libraires du Québec
  • 1 reader
  • 1 writer
  • —————————-
    44 Submissions Total

I was surprised not to see any submissions from Independent retailers, either.   Amazon.ca made some excellent points.

Consultation Question 7. Are there any new or emerging issues in the book industry, including those mentioned in the discussion paper, that are not sufficiently addressed by the current policy? If so, how should a modernized policy respond to these?
amazon.ca logo
Amazon.ca answer:
We agree with views expressed in the Discussion Paper that great change in the industry has come from the increased role of digital technology.   As evidenced by our own operations, the emergence of digital technology has introduced significant new creative developments and improvements in the distribution and sale of books.

In particular, new and emerging digital technologies have enabled different models of book publishing and distribution, such as print-on-demand and electronic books. The print-on-demand publishing model allows publishers to reduce costs by printing only in response to demand, to keep low-volume titles in print and available virtually forever, with very little cost, and to publish a broader variety of titles with less financial risk.

Additionally, when combined with a self-publishing platform, print-on-demand enables the wide distribution of relatively unknown authors who may otherwise entirely lack distribution.   The introduction and growth of digital content through such devices as Amazon’s own Kindle e-reader has created new opportunities for authors, publishers and distributors.   In light of our experience, we believe revisions to the Policy must take into account the significant role such technology plays today and will play in the future of the Canadian book industry.

Digital technology has effectively eroded many of the problems that the current policy seeks to address.   With the advances in technology, the choices available to Canadian authors, publishers and consumers are no longer local or national but global.   As stated by the Competition Policy Review Panel in its Report, “a country’s competitiveness depends on governments welcoming, rather than seeking to control, the new freedom of choices brought by the Internet as an agent of change.”   We believe that the Government should ensure that its policies remain responsive to changes in this industry.   The growing presence of the Internet, the significance of electronic books and the new channels for publishing and distributing books are important changes that emerged after the Policy was last revised in 1992.   We believe it is therefore necessary to update the Policy to account for these changes and remove the restrictions in the current Policy that seek to limit foreign investment in a digital age.

Submission from: Amazon.com.ca, Inc.

print on demand

“Before the law was brought in to restrict retailers to sourcing books from Canadian sources, orders could be sourced from Ingram Distributing in the US within 3 days where an order in Canada takes multiple weeks in most cases.”
Submission from: bookworm

The single Canadian writer to manage a submission was Wayne Kehl who addresses the P.O.D. issue and a few others in a submission I wholly agree with.   Wayne Kelh makes a lot of sense.   He also provides a bit of information that is actually pretty staggering:

The book-world has moved to Print on Demand publishing and even Canadian publishers have most of their books published in that format by Lightning Source Printing in the United States.”

Submission from: Wayne Kehl

If I had Made A Submission….

I would have done so as a consumer, a writer, and a self-publisher.

I might have mentioned some important facts gleaned from the Investing in the Future of Canadian Books position paper, Review of the Revised Foreign Investment Policy in Book Publishing and Distribution PART III: BOOK POLICY FRAMEWORK, such as “Currently, Canadian-owned publishers represent 96% of publishers operating in the domestic market” or that “Large multinational publishing houses represent 3.75% of the publishers operating in Canada, and generate 44% of industry revenues.”

But right now, my focus would clearly be on:

self publishing

Since I am working to self publish my debut novel “Inconstant Moon” (while outlining my next which I intend to write during NaNoWriMo) I don’t have time to even read all the consultation submissions right now.   For that matter, I don’t have time to write this.

Aside from the fact that I’ve always been a reader, this issue holds particular interest for me as a writer  as I’m about to self publish my debut novel, Inconstant Moon.   Just now I’m at the point of making final corrections to the proof, and when it’s ready, I will be uploading it to CreateSpace.   At that point I’ll be able to sell it as a Print On Demand (P.O.D.) book through Amazon.com.

reading the proof copy

It is rather irritating that although I am a Canadian writer, I will not be able to sell my novel through Amazon.ca as a P.O.D. book.   As I understand it, Canadian Government policy dictates that before I can sell my Canadian novel through Amazon.ca I would first have to provide inventory.   To my way of thinking that defeats the point of P.O.D.

This policy probably exists to “protect the Canadian Publishing Industry”, in this case specifically the printer/distributors.   It doesn’t do much to encourage Canadians to self publish.   Every Canadian grown option for self publishing P.O.D. requires a substantial cash outlay up front.   This policy may also help Canadian publishers by suppressing the ability of writers choosing to self publish independently.   This type of policy may have been effective in pre-Internet times, but today it negates the benefits to publishing that P.O.D. provides.

P.O.D. and digital distribution of literature are two new ways of publishing that the Canadian government must support if our book industry is to “remain current, effective, and responsive to a changing world.”

These are issues of grave importance to all Canadian authors and consumers, yet we have been seriously underrepresented in this public consultation.

a horizontal border of red graphic maple leaves

p.s. Of utmost importance to Canadian publishing is the Copyright reform: Bill C-32

The most pressing issue in the Canadian book world is the tabled Bill C-32.   Again, as a self publisher reliant on digital promotion and distribution methods, changes to Canadian copyright law like Bill C-32 pose an incredible danger to all types of digital production and distribution by making DRM circumvention illegal, when in fact it would be more reasonable for the government to make external DRM warning labels mandatory for any media or device encumbered with it.   Making DRM “sacrosanct” in copyright law would undoubtedly lead to universal application of DRM on all devices and media sold in the Canadian Market.

This kind of control could very easily be used to prevent the Independent production of digital work.   But that’s another issue for another day.


[I intend for this to be my last Oh! Canada post until December, as I plan to devote all of November to NaNoWriMo. Fingers crossed. :D ---Laurel L. Russwurm]

 

a horizontal border of red graphic maple leaves

ACTA and democracy

with 3 comments

graphic shows Mouse Ears adorning the globe over tagline ACTA attacks Internet

[note: if you don't know what the fuss is about, a lovely short film explains concisely here.]

The ZeroPaid article ACTA Still Hasn’t Been Seen by Any UK MPs makes the excellent point that ACTA negotiations are ongoing, continuing on their fast track with the intent of being concluded by the end of October prior to the American US election.

“There has been no democratic scrutiny of the text, Parliament has been shut out of this process,” laments the UK’s Open Rights Group (ORG). “This draft agreement lacks legitimacy before it is even agreed.”

— Zeropaid ACTA Still Hasn’t Been Seen by Any UK MPs

isn’t the same true in Canada? Parliament hasn’t seen it, I don’t know if any ordinary MPs have. I recall MP Charlie Angus pressing Industry Minister Tony Clement to make ACTA public, but it hasn’t been, probably because of the stringent non-disclosure requirements. In fact, none of the elected governments of the ‘democratic’ countries involved in ACTA negotiations have been made privy to ACTA. This means that our elected representatives don’t have any idea what is actually being negotiated.

That in itself ought to have been a red flag. In fact, Canada’s ACTA negotiators were working for ACTA even when our Government was prorogued early in the year.

Of course there’s nothing stopping politicians and citizens from reading Michael Geist’s blog (as our Minister of Industry himself advised. To that end, yesterday Michael Geist launched a new public service ACTAwatch blog. Still, that is no substitute for democratic scrutiny.

drooping

The main European ACTA site, La Quadrature du Net, along with the openACTA: Stop ACTA Now site from Mexico have been working tirelessly to keep citizens informed. We have been fortunate that in spite of powerful disincentives, there has been a steady stream of leaks from within the ACTA negotiations, so the secret treaty is not as secret as they would have liked.

As ZeroPaid points out, The European Parliament adopted Written Declaration 12, yet still ACTA marches on.

Particularly disturbing in all of the “copyright law” being peddled these days is the eagerness to throw out previously existing legal safeguards that have evolved over decades or centuries of democratic law. Like this:

ACTA in Art 2.7 (Ex-Officio Action) would also establish a ‘IP border police’,” adds the ORG. “It goes beyond the provision in existing international agreements such as TRIPs which provides that prima facie evidence is required to seize goods (Art 58). It also limits the time the border authority can seize goods for to ten days (Art 55). ACTA has none of these safeguards.”

I’d like to think that Canada’s ACTA involvement was done to exert a calming effect and to make sure what comes out the other end would be sane and balanced. Sadly, the fact that our government is continuing to push Bill C-32 in the face of near universal citizen opposition has disabused me of the notion.

The WIPO process wasn’t perfect, but at least it was transparent. Secret trade treaties have no business in democratic nations. I always thought that a key element of lawmaking in a democracy was to ensure any new law would reflect accepted societal norms.

We are still a democratic nation.
Aren’t we?

a horizontal border of red graphic maple leaves

Astroturf: promoting Bill C-32

with 4 comments

AstroTurf: Since 1965 -  logo
Astroturf is a kind of simulated grass that was invented to cover sports playing fields. Particularly in the spring rainy season. Astroturf’s synthetic grass surface is desirable because it is better to play football on than mud.

Lately I’ve learned that “astroturf” has also come to mean a simulated grassroots movement.

grass

In today’s world, grassroots movements have become increasingly important because the Internet allows communities to spontaneously unite far more quickly and effectively than ever before. Now that the news media is online many online articles provide ordinary people an opportunity to comment on the news. Quite often you’ll find trolls or shills talking against the natural flow.

Some trolls are just in it for the fun of wreaking havoc… in exactly the same way some children behave badly because bad attention is better than no attention. But an increasing number of Trolls seem to be shills.

When a corporation or a government (or both) is doing something that they know will be bad for people, they try to deflect or derail public outcry by contracting shills. These paid lobbyists masquerade as disinterested parties in order to promote their master’s agenda through the simulation of community support.

On CBC Usage Based Billing article comments I’ve often noticed people claiming to be ordinary consumers arguing Canadian Internet costs should be doubled. Reasonable assumption: not just a troll, but a shill.

dandilion in the grass

The Internet gives citizens a voice.

In this day and age the Internet has brought down the physical barriers to both organizing and advocacy.

Today we can blog about bad stuff.

Or create a website to push for change.

When laws detrimental to us are tabled, in today’s world citizens can TWEET our displeasure.

And organize on a Facebook page.

One of the reasons real grassroots movements can be so powerful is that they are made up of people who believe in something. They may not have much money but they have commitment and passion.

Powerful corporate interests try to drown us out the way they have always drowned us out: with money.

They have to pay for astroturf. Being a shill must be a growth Industry with the armies of shills repeating misinformation. They try to convince us that an agenda which benefits them at our expense is a good thing. Left unchallenged repeated misinformation can very easily come to be accepted as fact.

Call it spin, doublespeak or propaganda. What it boils down to is a con.

Campaigns of misinformation exist because they work. Calling something by the wrong name enough times starts by confusing the issue, but it really doesn’t take long before people start believing it. Especially if they have a limited knowledge of the subject. This is why it is critically important to challenge misinformation.

Because except for the misinformed, the only supporters of an agenda contrary to the public good are those who will profit from it.

blades of grass

political astroturf?

In January I saw a photo picturing three Regina protesters carrying pro Harper placards in support of Prime Minister Harper’s premature prorogation which provided a counterpoint to Regina’s hundreds out protesting the prorogation. Were these three a Conservative Party attempt at astroturfing?

The same way powerful interests purchase advertising they purchase astroturf. The biggest difference is that advertisements are more honest– they are clearly advertisements.

“Astroturfers attempt to orchestrate the actions of apparently diverse and geographically distributed individuals, by both overt (“outreach”, “awareness”, etc.) and covert (disinformation) means. Astroturfing may be undertaken by an individual promoting a personal agenda, or highly organized professional groups with money from large corporations, unions, non-profits, or activist organizations. Very often, the efforts are conducted by political consultants who also specialize in opposition research. Beneficiaries are not “grass root” campaigners but distant organizations that orchestrate such campaigns.”

Wikipedia on astroturfing

misinformation

The Office of the United States Trade Representative‘s infamous USTR Watch List is a prime example of misinformation mongering. The USTR has been making a point to include Canada on their watch list as a “haven for piracy” for years—- as long as the MPAA/RIAA has been lobbying Canada to pass copyright law beneficial to them.

The USTR watch list is supposedly a list of countries that don’t play by the rules. Canada’s inclusion on this list has been debunked by a whole host of authoritative voices speaking against it — including Michael Geist, Howard Knopf, as well as the American advocacy groups Electronic Frontier Foundation and Public Knowledge. It seems the United States itself is much more of a “Pirate Haven” than Canada is (with some evidence suggesting that the DMCA may be a contributing factor to American IP piracy).

Yet because of the USTR’s watch list there have been a continuous stream of articles quoting the misinformation that Canada is a “pirate haven”.

United States Pirate Party logo... stylized Stars and Stripes overlaid on Pirate Party logo

Of course, Canada does have the Pirate Party of Canada. Like all the other Pirate Parties, the PPoC seeks balanced copyright legislation. They are a registered Canadian Political party who will no doubt field candidates for the next federal election. At this point Pirate Parties have sprung up in virtually every country in the world because “copyright” is being used as an excuse to assail freedom in every part of the world. And the United States has TWO: The American Pirate Party and the United States Pirate Party.]

the line in the grass

Probably the most famous astroturf group in the world today is “Balanced Copyright For Canada” who seem to be merrily astroturfing in support of Bill C-32, the supposed Copyright “Modernization” Bill. And you can bet they are seeding their website with as many mischaracterizations of Canada as a “pirate haven” as they can find. Of course, this is exactly the point of the USTR watch list. The USTR’s agenda is the supremacy of the United States in the world market.

The Balanced Copyright for Canada website is shrouded in mystery. Jesse Brown has been investigating trading tweets with CopyrightCanada since Monday. Apparently 130 members were initially listed on the site as members but that list seems to have vanished after Jesse tweeted that “everyone seems to work for a major music label”. So Balanced Copyright for Canada may well be made up of CRIA members along with employees economically influenced to join.

Jesse Brown's Twitter avatarJesse Brown seems to be pretty certain that the CRIA is behind the Balanced Copyright for Canada group. That would make sense since the CRIA is certainly one of the strongest proponents of Bill C-32. More than anyone The part of the Canadian music industry represented by the CRIA (which is to say the four music industry giants which happen to be the Canadian offshoots of the American RIAA) have been most affected by technology improvements. The CRIA used to control 99% of the Canadian recording industry but today their share of the market has dropped to a mere 70%. Although the CRIA proclaims piracy is why their profits have reduced they seem to ignore the fact that they’ve lost 30% of the market to Independents. A growing number of Canadian recording artists prefer to record their music independently and retain control of their own copyright. Perhaps it’s time for the CRIA to truly modernize their own business model instead of squandering their resources trying to legislate Canada back into the twentieth century.

istockphoto_8506505-happy-young-men-and-women-standing-together

Go to istockphoto for Royalty Free images

[I have to put “modernization” in quotations because Bill C-32 is antithesis of "modernizing"... but then the routine assignment of misleading names to legislation is another trend I could do without.]

boingboing logo

US record labels starts fake “citizen’s group” to support Canada’s DMCA article prompted boingboing reader Mark‘s comment that the photo used on the front page is a commercial image licensed from istock photo: Happy young men and women standing together – at least I hope they licensed it legally. If you look at the tiny “approval” Thumbnail to the right you can see that the image is not distorted, while the image used on the Balanced Copyright for Canada is distorted, most notably in the women at either end, which may well be copy protection.

You have to wonder if Balanced Copyright for Canada is a real grassroots group made up of artists, independents & folks involved in the recording industry as they claim, why did they have to buy an image?
I have yet to meet any kind of artist or creator who was limited to a single discipline. Surely if this is actually a coalition of creatives they would have somebody who could have taken a real picture?

A real grassroots movement would be unlikely to seeking out a commercial photo or justifying the expense when they could easily snap a shot of actual members. Astroturfers tend to be long on funds and short on committed members, so naturally they would have the necessary funds to purchase a commercial photo.

pirate party of canada

Shall I mention the irony of a group fighting for copyright (and royalties) opting for a one time cash flat rate that is conveniently royalty free?

This secretive http://balancedcopyrightforcanada.ca/ was forced to settle for the very long domain name since the Pirate Party of Canada had already registered the sleeker http://balancedcopyright.ca/ domain, which was apparently also sought by the Government of Canada earlier in the month.

soccer ball

More than eight thousand Canadians who made submissions to the 2009 Canadian Copyright Consultation, most of which opposed to a reprise of Bill C-61. Michael Geist’s breakdown shows “6641 Submissions were against anti-circumvention or in favour of limiting DRM/Digital locks”, yet Bill C-32 has actually made the digital lock provisions even more onerous than those in their previous Bill C-61.

Canadian DMCA

The Canadian Government elected not to make a submission to the USTR in protest of Canada’s specious inclusion on the USTR 301 watch list, nor have they emitted a peep to defend Canada’s right as a sovereign nation to draft our own laws.

Instead, the Canadian Government has tabled Bill C-32. Incredibly,

“The Tories held a press conference on the bill at the Montreal office of a U.S. video-game software developer Wednesday, a move intended to drive home the message that cracking down on copyright infringement protects investment in Canada.”

Globe and Mail, Tory bill cracks down on copyright pirates

Canadian Flag Superimposed on American Flag

Would you hold a press conference announcing “made in Canada” copyright legislation in the business office of a corporation from a foreign nation?

What kind of message would that send about our country’s sovereignty?

The thing that bothers me the most about THAT is the fact that it hasn’t raised an eyebrow.

Whose law is it anyway?

Hello?   Before Canada starts passing American legislation, perhaps we ought to have a referendum to decide if we wish Canada to become an American protectorate.

In Reality check: Anti-consumer copyright bill: written for the US, undermined by Ministers’ own behaviour the NDP showed the PMO’s position to be:

“We don’t care what you do, as long as the U.S. is satisfied.”

soccer balls interspersed with the feet of a few soccer players on a practice field

Heritage Minister James Moore dismissed the concerns of Mme. Lavallée, the Honourable Member from Saint- Bruno—Saint-Hubert when she questioned him about C-32′s failure to serve consumers with assurances that the Canadian Chamber of Commerce supported C-32. Moore’s apparent lack of comprehension that the Chamber of Commerce is a business lobby group rather than a consumer one sparked a letter refuting Moore’s claims that Canadian consumers support Bill C-32 reported in the CBC story Consumer groups blast Moore over copyright.

Citizens don’t want this law.

A great many creators don’t want it.   In fact, the only real support that Bill C-32 has seems to stem from the CRIA and the American USTR, RIAA and MPAA.

Why is the Canadian Government pursuing this so strongly?

Perhaps it’s time our Government started thinking about what legislating Canadian Copyright Law to appease foreign Interests will do to Canadian Heritage.
a horizontal border of red graphic maple leaves

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”

Democracy #fail

with 4 comments

In my experience, every time anyone suggests “Strategic Voting” a closer look shows that the real reason someone is telling me to vote strategically is because I will be voting in their candidate, not mine.

graphic logo depicting parliament suspended by a noose from a gibbet

I haven’t had time to look into this exhaustively   (after all I’m supposed to be revising my first draft not blogging)   but this morning I just heard about something that sounded like strategic voting being suggested in the UK — where the ill advised Digital Economy bill was rushed through the legislative procedure without anything resembling proper scrutiny — on the eve of an election.   Since there’s a Fair Vote Canada debate on the topic of Strategic Voting scheduled this month I thought I’d take a quick peek at Hang ‘em

It looks like the UK’s “Hung Parliament” idea is a bit different than Canadian strategic voting.   The idea of this seems to be prevention a majority government.

Once installed, majority governments have a nasty tendency to rule dictatorially.

Because they can.

The reasons for promoting a “Hung Parliament” seem much the same as mine for opposing majority government here in Canada.   We need to achieve something a lot closer to democracy, and so long as Canada has alternating ruling parties we are unlikely to get the electoral reform we so desperately need.

This is definitely something to look into further, and watch very carefully, since all the pundits seem to be fortelling a 2010 Canadian Federal Election.   This is a crucial issue, particularly at a time when the entire world is undergoing such revolutionary changes courtesy of the Internet.   Clearly a great majority of the UK Members of Parliament who rushed to implement their Digital Economy Bill did not understand it.

Minority governments, elections and prorogations have thus far saved Canada from being been victimized by bad copyright reforms.   Last year’s Canada wide copyright consultation process seemed very positive.   Yet there have been indications that the magnificent outpouring that the copycon prompted from informed citizens may well have been a sham, and there are very real fears that this government intends to ignore this democratic input.   The fact that Canadian Heritage Minister James Moore’s recent behaviour has prompted Michael Geist to dub him the iPadlock minister seems to indicate that bad laws similar to the DEBill may well be coming down on Canada.

Canadian politicians, like politicians the world over, are being mercilessly pressured by foreign interests.   American tools like the USTR Watch List exist simply to try to intimidate other countries into legislating against their own sovereign interest and in favor of American corporate interests.   Adding secret copyright treaties like Anti-Counterfeiting Trade Agreement (A.C.T.A.) to the mix only makes it worse.

Not so Secret A.C.T.A. Treaty negotiations

Oh, yes, they did make one draft public, but only because of continuous advocacy by concerned people like:

along with organizations like

These three organizations are all American based, which seems a clear indication that one of the worst things about this American driven Intellectual Property or Copyright Reform is that it’s a case of the American government effectively working against American citizens in favor of American corporate interests.

The point is, that most of the people promoting and passing the legislation don’t understand the issues.   It is bad enough to be saddled with bad laws because the government thinks they are good. It is inexcusable to be saddled with bad laws because of government ignorance.   If it’s worth making the laws, its worth understanding them. But the bottom line is that all of this concern for IP is an excuse to attempt to impose government control over the Internet.   Rushing to push through laws to control the internet — without understanding the Internet– is simply madness.

This type of lawmaking is clearly a failure of democracy. Many citizens are unhappy with the democratic erosion that seems to be increasing exponentially. Democracy is important to us.

I think this “Hang ‘Em” idea may have potential.

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