FYI: Canada knuckling under, may boot pirates off web

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Many say the movie and music industries are behind the talks, but Graham Henderson, president of the Canadian Recording Industry Association, said his organization has had little input on the trade agreement.

"We have been 'consulted' to exactly the same extent that everyone else in Canada has been consulted," said Henderson in an email from England.

He said his group joined academics and lobbyists at a handful of briefings on ACTA, but little was revealed.

-- Canwest News Service

Republished from the Winnipeg Free Press print edition November 21, 2009 H5