No More NAFTA ~ ACTA ~ Stop the TPP

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.

Canada Post Strike

The day before the strike, I went to the post office to mail a copy of my novel to a friend in Brampton. I was more than a little surprised to discover that this would cost about twice what it cost to have a copy of my novel shipped by courier from where it’s printed by CreateSpace in the United States.

The postal worker told me my package would have to both weigh less and fit through a certain sized hole before the price would drop. It would have been nice to be made aware of the strike before they took my money.

It is a serious problem when postal rates are so ambiguous that they can’t be posted or published online but require a quote. This must be a nightmare for Canadian mail order businesses.  They used to be able to consult guidelines so customers could know going in what postage would cost.

Another thing: Canada post is supposed to operate for the public good, not for profit. Yet it’s posting yet another profit year… during the recession… well what is that all about?

[FYI: gouging the citizens is *not* “the public good”

April’s stats showed the lowest rate of unemployment in Saskatchewan at 5.0% with the highest being 11.2% in PEI. Regardless of what anyone says, Canada is continues to suffer from the recession. I wonder how many unemployed Canadians aren’t factored in due to previous government alterations to the terms of Unemployment Insurance, reducing benefits while raising the barriers to qualification.

According to About.com’s Canada Online Minimum Wage in Canada in June 2011, current Canadian minimum wages range from a low of $8.80 in Alberta to a high of $11.00 per hour in Nunavut.

With numbers like these, I doubt many citizens will be feeling very supportive of the Postal Workers fight against the proposed rollback from a starting salary of $23.00 per hour.

That is more than twice the highest minimum wage rate in Canada. A living wage is one thing; pricing our postal service out of the market is something else again.

In light of all this, I am delighted to be able to share Joe Johnson’s memo:

4 Canada Post Stamps

Joe Johnson’s Memo

Hey, all:

As we all know, scheduling is important in the world.

The current lock out of Canada Post workers is having a significant impact on communications in this country.

Billions of tons of useless junk mail is going undelivered, and thousands of businesses are marginally affected, what with not having to pay for the mailing of tons of useless junk mail.

Mass mailing businesses sit with tons of undeliverable mass mail from Rogers that will mean they lose business and their technicians will not be arriving at as many people’s homes between 9am Monday and 5pm Friday.

The lumber and paper industry will suffer greatly as vast swaths of old-growth forests continue uselessly growing instead of being turned into countless ads for profitable fast food restaurants of all kinds!

And those restaurants will suffer a loss of business as people slowly begin to forget about the many ways they can order junk food instead of making a home cooked meal.

People might not see the ad for a brand new plasma screen TV for just $2000, and might not think  “hey, I can mortgage my house… again, for that deal!” So the bankers suffer there too.

No one is going to realize that they can join the gym for just $20 and get a free gym bag, no, they won’t think of that on their own; instead, they might just decide to go for a walk or jog, or do some aerobics at home.

Join me in ensuring that the mail strike ends now, and let the junk mail roll!

Human Rights and the TSA

Embossed United Nations symbol engraved or etched on white on a copper colored plaque,
United Nations HQ, behind the podium, General Assembly Hall

The United States is signatory to the Universal Declaration of Human Rights.

I would think that should afford their citizens a reasonable expectation that the American Government would take these human rights into account when drafting government policy.

Before stripping these inalienable rights from citizens.

Of course I’m not a lawyer.
I’m just a mom.
A person.
But I can read.
And watch Youtube.
(At least as long as I can afford it… until Usage Based Billing is implemented.)

What is happening under government auspices at TSA (Transit Security Administration) checkpoints in airports across the United States is wrong.

At best, the “BS Scanners” are an invasion of privacy, at worst, a serious health risk.

Clearly what is being done to citizens by the TSA contrary to the Universal Declaration of Human Rights.

Here, for your information, is the Universal Declaration of Human Rights; I’ve taken the liberty of highlighting some of the bits both the American Government and the TSA need to remember:

Universal Declaration of Human Rights

Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights, the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.”

PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,

The General Assembly

Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

  • Article 1
    All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
  • Article 2
    Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
  • Article 3
    Everyone has the right to life, liberty and the security of person.
  • Article 4
    No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
  • Article 5
    No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
  • Article 6
    Everyone has the right to recognition everywhere as a person before the law.
  • Article 7
    All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against all types of discrimination in violation of this Declaration and against any incitement to any form of discrimination.
  • Article 8
    Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
  • Article 9
    No one shall be subjected to arbitrary arrest, detention or exile.
  • Article 10
    Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
  • Article 11
    (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
    (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
  • Article 12
    No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
  • Article 13
    (1) Everyone has the right to freedom of movement and residence within the borders of each State.
    (2) Everyone has the right to leave any country, including his own, and to return to his country.
  • Article 14
    (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
    (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
  • Article 15
    (1) Everyone has the right to a nationality.
    (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
  • Article 16
    (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
    (2) Marriage shall be entered into only with the free and full consent of the intending spouses.
    (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
  • Article 17
    (1) Everyone has the right to own property alone as well as in association with others.
    (2) No one shall be arbitrarily deprived of his property.
  • Article 18
    Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
  • Article 19
    Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
  • Article 20
    (1) Everyone has the right to freedom of peaceful assembly and association.
    (2) No one may be compelled to belong to an association.
  • Article 21
    (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
    (2) Everyone has the right of equal access to public service in his country.(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
  • Article 22
    Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
  • Article 23
    (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
    (2) Everyone, without any discrimination, has the right to equal pay for equal work.
    (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
    (4) Everyone has the right to form and to join trade unions for the protection of his interests.
  • Article 24
    Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
  • Article 25
    (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
    (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
  • Article 26
    (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
    (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
    (3) Parents have a prior right to choose the kind of education that shall be given to their children.
  • Article 27
    (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
    (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
  • Article 28
    Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
  • Article 29
    (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
    (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
    (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
  • Article 30
    Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Universal Declaration of Human Rights Wikipedia

a live turkey with the stars and stripes flying overhead

To my American friends
and family:

Happy Thanksgiving

I hope none of you need to fly.

 

Additional Resources:
The United Nations Association in Canada: The Universal Declaration of Human Rights Guide

Office of the High Commissioner for Human Rights, United Nations



Credits:
The Universal Declaration of Human Rights is excerpted from an official document of the United Nations. The policy of this organization is to keep most of its documents in the public domain in order to disseminate “as widely as possible the ideas (contained) in the United Nations Publications”.

UN crest photo by Sunil Garg on Flickr under a Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Generic License

Vintage Thanksgiving Greeting Card licensed under a Creative Commons Attribution-NoDerivs 2.0 Generic (CC by-nd) License by riptheskull on Flickr

ACTA W5

When I was a kid there was an excellent Canadian news magazine television series called W5 which taught me (and probably other Canadian watching) about the five spokes of journalistic inquiry.

Since the mainstream news media has declined to cover ACTA in any meaningful way, I thought I’d say a few words here.

WHO

Participating in ACTA

mouse ears on the world: text says ACTA ATTACKS INTERNET

  • Australia
  • Canada,
  • the European Union
  • Japan
  • South Korea
  • Mexico
  • New Zealand
  • Switzerland
  • United States

American Flag hangs down

ACTA came with heavy duty Non-Disclosure penalties. Which is why most if not all of the elected representatives of the participating governments were kept in the dark about what was even on the table. This includes elected representatives of the American Government. If they were made privvy to the negotiations, they were legally restrained from talking about it. Not very democratic, eh?

Of the few Americans who were at all aware of ACTA, most believed that Congressional oversight would protect them, and if conditions were untenable to American citizens it would have been possible to stop ACTA at that point. The problem was, however, that ACTA was proceeding under an executive order, so only the president’s signature would be necessary for ratification.

WHAT

ACTA stands for Anti-Counterfeiting Trade Agreement.

The problem is, that is only part of it. The scope of ACTA is actually much wider.

ACTA was supposed to be negotiated in secret.
Presumably to keep out the riff raff (i.e. citizens, consumer interest groups)

Although deliberately not mentioned in the title, it seems clear that the primary purpose of ACTA was always to deal with copyright enforcement. The intent was to do an end run around WIPO, the successor to Berne, which was previously the International means of achieving copyright treaties. The WIPO process was transparent, so that everyone knew what was being negotiated. ACTA was secret, so that no one would know.

The United States Trade Representative (USTR) selected the countries they believed it would be possible to pressure into signing an agreement beneficial to certain American Corporate Interests.

WHERE

The negotiation “rounds” took place around the world.

WHEN

Begun by the Bush administration in 2007, continuing until now, ACTA has been pushed equally hard by the Obama administration, and in the current president invoked national security as a means of keeping the terms secret.

ACTA was put on a fast track in an effort to shoehorn it’s passage in time for it to become a “done deal” before the American federal elections in November.

One of the chief sources of information and organization in the fight against ACTA has beenLa Quadrature Du Net whose latest word on the subject is: ACTA is No Done Deal.

WHY

cheese and crackers on a tray

The USTR wants the entire world to conform to their agenda, which is dictated by American corporate interests.

Issues the United States would not give in on included recognizing and paying royalties for American use of European geographical trademarked names for types of cheese (like “Parmesan”) or alcoholic beverages (“Cognac” or “Champagne”)

The copyright terms of ACTA appear to have been largely dictated by the MPAA and RIAA, and in many ways seek to impose DMCA like copyright conditions on the rest of the world. Yet the DMCA has not actually been good for American citizens or culture, in fact causing many unintended chilling effects. Over the course of the DMCA’s existence, it has undergone repeated constitutional challenges which has resulted in changes that lessen it’s grip.

In the mean time, there has been an unprecedented amount of American lobbying efforts directed at influencing the copyright law of other countries, I think to alter their domestic copyright law in order to make signing ACTA work. The Digital Economy Act was rushed though the U.K. Parliament without the usual level of democratic scrutiny or debate under the “wash-up” process.

Canada has been subject to USTR pressure and lobbying efforts for nearly a decade. Repeated spurious inclusion on the USTR’s piracy watch list has provided a patina of legitimacy to completely unfounded rumours of Canadian copyright infringement, when in fact a growing body of evidence indicates Canada’s incidence of copyright piracy is far lower than American. As well, this false allegation has been used over and over again to fuel misinformation and propaganda in lobbying attempts to force Canada to rewrite our copyright law to American specifications.

Nowhere is this more clearly evident than in the fact that first the Liberal Party of Canada and then the Conservative Party of Canada have tabled draft legislation that mirrors American copyright law. Some have said these three are close enough to the American DMCA to be themselves considered infringing on it’s copyright.

Yet that isn’t really a charge that could stick, because unlike Canada, the United States does not have “Crown Copyright.” Any Intellectual Property generated by the American Government goes directly into the public domain under the assumption that having alreasdy been paid for, it should not be paid for again. In this way everything from NASA photos to American legislation are not protected by copyright.

This is just one of the ways American copyright law is “weaker” than Canadian existing copyright law.

the real “why”

Commercial counterfeiting, also called “bootlegging” most probably does cut into MPAA/RIAA profits. And like me, most people opposing ACTA and laws like the UK DEA or Canada’s Bill C-32 don’t have a problem with cracking down on commercial bootlegging.

My problem is they are trying to change the laws of ownership to make sharing illegal.

The people pushing for these laws have indicated they think personal back-ups and format shifting should be illegal. I’ve also heard it said that consumers shouldn’t be allowed to lend their digital books or CDs or DVDs to others; the Industries want every person who gets access to these works of “Intellectual Property” to pay for the access. In the extreme this means that both parent and child will require a license in order for the parent to read their child a story.

Some would say that this is the extreme, and that it hasn’t yet happened under the DMCA.

But ACTA has NOT passed.

Once laws like this are universal those things will start becoming accepted. ludicrous or not. The fact that a young Chicago woman spent two nights in jail for videotaping her sister’s birthday party under the existing DMCA is proof enough for me.

From an industry standpoint, that would be the icing on the cake, but is not the real goal.

Stopping “piracy” is another red herring.

While Industry studies may show vast losses of income due to peer to peer (p2p) filesharing, independent studies have shown that p2p actually increases industry profits because it increases exposure. The same way that radio airplay increases exposure and sold records, and now CDs.

The real goal of draconian copyright measures being contemplated or implemented is to stop independent access to distribution.

The combination of vast decrease in the costs to production of digital media with the ease of Internet distribution is the true menace to the media giants represented by the MPAA and the RIAA.
NO Canadian DMCA

In Canada almost a year ago, This Magazine reported that 30% of the Canadian Recording Industry is now Independent. Independent Canadian Artists no longer have to barter away their copyright in order to record or distribute their music. This is the real threat to the Incumbents. Ultimately the goal of the copyright law they want to pass is to stop this Independent erosion of their control of these Industries.

This trend is not confined to music. Internet video productions are beginning to become more common, and excellent feature films like Sita Sings the Blues and Die Beauty are being made by independent creators and distributed legally via p2p online.

It’s the LEGAL p2p traffic that they really need to stop.

Because the best way for Independent Artists to distribute their digital wares is through the Internet.
Which is why ACTA is bad.
This is why p2p is actually good for culture, and Net Neutrality must be protected.

Canada don’t need no stinkin’ DMCA

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

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» 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”

A.C.T.A.: Anti Counterfeiting Trade Agreement (double speak)

This is terribly important information for all Canadians.

Wikipedia: Double speak language that deliberately disguises, distorts, or reverses the meaning of words.”

Since 2007 Canada, Australia, the European Union, Japan, South Korea, Mexico, New Zealand and Switzerland have been participating in secret negotiations initiated by the United States for a supposed “Trade Treaty” called A.C.T.A., an acronym for the misleading “Anti-Counterfeiting Trade Agreement”

The American copyright lobby, made up of media corporations, trade associations and copyright collectives representing the Movie and Music recording industries have somehow convinced the American government that this would be a good thing for the United States. On the American side, the treaty is being pursued under an executive order, which means that the American president has the authority to ratify it on behalf of the United States without first subjecting it to congressional scrutiny or vote. A.C.T.A. negotiations are continuing at break neck speed under heavy non-disclosure agreements which mean that most of the elected representatives of the countries involved in the negotiations are not privy to the terms under negotiation.

President Obama has denied Freedom Of Information inquiries on the basis of National Security. This type of treaty negotiation is not only wholly unprecedented, but possibly illegal as well under 19 U.S.C. 2902(b)(2).   Although it purports to be primarily about counterfeiting, the ACTA secret treaty negotiation seeks to regulate the Internet on a global scale.

I have spent a great deal of time attempting to make sense of this, since it will have serious consequences not only on Internet users but also huge impacts will be made on culture and economies around the world. The intent appears to be to legislating anti-progress by imposing strict control over the Internet.

A.C.T.A. “ stands to fatally wound all user-generated content sites from mailing lists to YouTube; which stands to criminalize kids for noncommercial file-sharing; which stands to put your internet connection in jeopardy if anyone in your house is accused of infringement, and much, much more.”

Cory Doctorow: Everything you want to know about the scary, secret copyright treaty

The media isn’t talking about A.C.T.A. which is possibly the most important and under-reported news story in the world so it is left to us to spread the word. Contact your elected reprentatives and tell them that A.C.T.A. is bad.

For more information on ACTA:

I have been blogging about A.C.T.A. in an effort to help other non-technical people understand what the issues are.

A.C.T.A. is BAD

errata: A.C.T.A. is BAD

A.C.T.A. is still BAD

Much Ado About A.C.T.A.

As well as some of the underlying issues: Nutshell Net Neutrality

D: BitTorrent

Personal Use Copying vs. Bootlegging

Free Culture, Copyright and Open Video

DRM is BAD

I’ve blogged a great deal more about copyright in the wind
This might explain why my novel “Inconstant Moon” is not finished yet.

Weightier A.C.T.A. Sources

Michael Geist, University of Ottawa Law Professor and Copyright Reform Proponent has laid it out in detail.

The ACTA Guide, Part One: The Talks To-Date

ACTA Guide, Part Two: The Documents (Official and Leaked)

ACTA Guide, Part Three: Transparency and ACTA Secrecy

ACTA Guide: Part Four: What Will ACTA Mean To My Domestic Law?

The quantity of leaked material seems to be increasing, so the latest info can usually be found in Michael Geist’s blog

Cory Doctrorow reports steadily on A.C.T.A. developments in his , and recently wrote a summary which can be found at Copyright Undercover: ACTA & the Web for Internet Evolution and he

Other excellent sources of information about A.C.T.A. include the digital liberty proponents: