Island Linux Bits and Bytes of Technology

islandlinux: European Commission Slip Reveals Censorship In ACTA http://t.co/yNX7Ubf2

islandlinux: Website gives Vancouver startups a leg up http://t.co/wCc0mca2

islandlinux: Rogers to cease 'throttling' Internet traffic http://t.co/f2yB6Uuz

islandlinux: Generation Y works by different set of rules http://t.co/cmRS6jRz

islandlinux: Facebook on collision course with new EU privacy laws http://t.co/quj4ESYz

islandlinux: The Behind-the-Scenes Campaign To Bring SOPA To Canada http://t.co/A7lBO8XX

Polish Prime Minister Donald Tusk has announced the country is suspending its ratification of the Anti-Counterfeitint Trade Agreement. The announcement comes following huge protests in cities across the country.

Last week, I delivered a keynote address on copyright issues at the University of South Florida St. Petersburg. The talk focused on the activism around SOPA and assessed the global strategies employed by the U.S. and copyright lobby groups of shifting away from WIPO toward closed negotiations such as the Anti-Counterfeiting Trade Agreement.

Slovenia's Ambassador to Japan offers a full explanation for why she signed ACTA:

I signed ACTA out of civic carelessness, because I did not pay enough attention. Quite simply, I did not clearly connect the agreement I had been instructed to sign with the agreement that, according to my own civic conviction, limits and withholds the freedom of engagement on the largest and most significant network in human history, and thus limits particularly the future of our children.

The Economist reports on the growing boycott of Elsevier by thousands of academics over open access issues.

islandlinux: Is Canada's Internet Awesome or Awful? Well, That Depends on Who You Ask http://t.co/YL9PjcsW

islandlinux: Golfer Phil Mickelson wins lawsuit to identify author of 'vicious' online comments in Canada http://t.co/ebvrdoFh

islandlinux: Made in Vancouver? Get on This Startup List Now http://t.co/YfBxwoKg

islandlinux: Beyond ACTA: next secret copyright agreement negotiated this week - in Hollywood http://t.co/HVdhMCeQ

islandlinux: Megaupload data saved by EFF, Carpathia - Carpathia promises to help users http://t.co/4rcWUIw4

islandlinux: Microsoft touts plugin-free web, offers desktop fallback for Flash lovers http://t.co/oTexkeYo

Transport Canada has reportedly issued a DMCA takedown notice to Scribd over an on-the-record response it provided to a journalist. The move is particularly odd (though not unprecedented, see here and here) given the document was issued to a journalist and the government changed its crown copyright licence last year to allow for private and non-commercial public use without the need for further permission.

The reports that the music industry lobby (along with the Entertainment Software Association of Canada and the movie lobby) is seeking the inclusion of SOPA-style provisions into Bill C-11 has generated considerable discussion online and in the mainstream media (CBC, Financial Post). Yesterday, Balanced Copyright for Canada, the group backed by the music industry, fired back with several tweets claiming that opposing their reforms would benefit "illegal BitTorrent sites"and "illegal hosting sites." Leaving aside the fact that if these sites are illegal, they are by-definition already in violation of current law, the claims point to what seems likely to become a SOPA-like scare campaign that seeks to paint skeptics of CRIA demands as supporters of piracy.

These claims involve two different issues with Bill C-11. The first are the digital lock provisions, which dozens of organizations (including businesses, the Retail Council of Canada, creator groups, consumer groups, and education associations) have argued are overly restrictive. The proposed solution is to link circumvention of a digital lock with actual copyright infringement, an approach that is consistent with the WIPO Internet treaties and has been adopted by trading partners such as New Zealand and Switzerland (Canada even proposed the approach in Bill C-60). These amendments would not legalize hacking businesses, but rather ensure that the same balance that exists offline is retained in the digital environment.


The second issue involves expansion of the "enabler provision" currently proposed in Bill C-11. I have pointed out that Canadian law appears to effectively address these sites as the music industry is currently suing isoHunt for millions of dollars based on the current law. In the event that more certainty is needed, the current enabler provision would grant even more powers to rights holders to target these sites. Yet that is apparently not good enough for the music, software, and movie lobby groups, who want to expand the enabler provision to include SOPA-like liability as well as add website blocking injunctions to Canadian law. The danger with this approach is that it threatens to target perfectly legitimate websites. Arguing against an overbroad enabler provision is not siding with illegal sites, but rather ensuring that legal ones are not caught by the dragnet.

The music industry claims to be a big supporter of Bill C-11, yet few groups have demanded more changes. In fact, when it appeared before the House of Commons committee reviewing the bill, one MP noted that their demands were "substantial" and "anything but minor." Their demands include:

• expansion of the enabler provision to include SOPA-style expanded liability
• create new injunction powers to block websites
• create new injunction powers to remove content from websites
• require ISPs to implement a policy on repeat infringers that could include Internet termination
• remove the non-commercial liability cap for statutory damages
• restrict the user-generated content provision
• create new limits on personal copying exception
• create new limits on time shifting exception
• create additional limits on backup copy provision
• limit the safe harbour for ISPs
• limit the safe harbour for caching activities
• limit the safe harbour for hosting content
• limit the search engine (ILT) exception
• eliminate the ephemeral recording amendment

The music industry is seeking a huge overhaul of Bill C-32 that makes any requests for adjusting the digital lock rules look minor by comparison. As it escalates the rhetoric by claiming critics stand with piracy, it is apparent that the lobby groups' fight to blend a Canadian DMCA with a Canadian SOPA will only intensify in the weeks ahead.

Reports indicate that Industry Minister Christian Paradis could unveil the government's spectrum auction and telecom foreign ownership policies this month. My weekly technology law column (Toronto Star version, homepage version) provided a preview of some the key issues. While interest in spectrum auction policy is typically limited to telecom companies and business analysts, all Canadians have a stake in this decision. The available spectrum - known as the 700 MHz spectrum - opens up a host of possibilities for new innovation, competitors, and open Internet access. It is viewed as particularly valuable spectrum since it easily penetrates walls, making it ideal for delivering wireless high-speed Internet services.

Auctioning the spectrum raises a host of critical policy choices.


Topping the list is whether the government tinkers with the auction framework to help foster greater marketplace competition. Some of the large incumbents unsurprisingly favour an “open auction” with no bidding limits, but assuming Paradis concludes that some measures are needed, the choice will likely come down to either a spectrum set-aside that reserves some spectrum for new entrants and smaller companies or spectrum caps.

The last spectrum auction included a set-aside, which opened the door to a handful of new competitors such as Globalive, PublicMobile, and Mobilicity. A further set-aside may make sense since this round of new entrants may look to use the spectrum primarily for wireless broadband services, providing a potential alternative to the cable and telecom dominance.

If another set-aside proves too unwieldy, a spectrum cap, which would limit the amount of spectrum any single company could hold, may emerge as the alternative. A spectrum cap might prove effective if combined with two additional conditions.

First, the implementation of a use-it-or-lose it principle that would require all bidders to use the spectrum within a defined period. The use-it-or-lose-it approach would help guard against the hoarding of spectrum, particularly for incumbents who may overbid in the hopes of keeping new competitors out of the market.

Second, safeguards against opportunistic flipping of the spectrum with the prohibition on its sale within the first five years of the auction. The trio of policies – caps, mandatory use, and a block on transfer, may increase the number of successful bidders.

Another critical issue is who should be entitled to bid for the spectrum. The last spectrum auction featured Canadian ownership requirements, thereby limiting potential entrants. Given that Canada is one of the only developed countries that has retained significant telecom foreign ownership restrictions, the auction provides a tailor-made opportunity to eliminate the restrictions by opening the market to all bidders.

The spectrum policy decision will also determine which spectrum is available for auction and which is reserved for alternate purposes. The government has already indicated that it plans to grant some of the spectrum to law enforcement agencies, which intend to create their own emergency wireless network.

Many leading technology companies have recommended allocating some of the spectrum for unlicensed purposes. This spectrum, which would be free to anyone to use without the need for licence or government approval, could yield new services and technologies.

Beyond the technical details of the spectrum auction, the final billion-dollar question is what the government should do with the auction proceeds. While the $4 billion in proceeds from the last auction went into general revenues, this auction represents the best – perhaps only – opportunity to access billions of non-tax dollars for the digital economy.  The money could be used to support broadband initiatives, digital content creation, and digital skills programs. 

Canadian superstar Neil Young on piracy:

It doesn't affect me because I look at the internet as the new radio. I look at the radio as gone. [...] Piracy is the new radio. That's how music gets around. [...] That's the radio. If you really want to hear it, let's make it available, let them hear it, let them hear the 95 percent of it.