Canadian Coalition for Electronic Rights
 

Industry Minister Tony Clement hosted Canada’s Digital Economy Conference today which brought together 150 of the country’s most notable corporate leaders. Although the demographics of the invited group failed to even remotely represent that of Canada (only 1 of the 18 speakers was female) the event appears to have achieved its primary goal which was to lay the groundwork for a national digital strategy.

Clement vowed to move forward with several aspects of a digital strategy including privacy legislation, improved broadband availability and most importantly copyright reform. In his closing remarks Clement commented that much has changed since the introduction of Bill C-61.

When we look at where we were with Bill C-61 for instance on copyright just about a year ago or more than that and where we are now. I think it at least a somewhat different environment, public policy environment, in just the space of a year.

Most notably the Minister of Industry confirmed that he and the Minister of Canadian Heritage, James Moore will be dedicating at least part of their summer to consulting Canadians on copyright reform. The duo will be traveling to “a city, town, village and pasture near you”. In addition one can only hope that Clement and Moore will also consider using conduits such as Facebook and Twitter to consult all Canadians on copyright reform and how it stands to impact them as consumers and creators.

Clement has certainly talked the talk, it remains to be seen whether he will walk that walk on this one. There is little doubt some sort of iteration of Bill C-61 will be presented by the Conservatives this Fall, will they learn from the mistakes of the prior Bills and will there be fair and open consultations accessible to every Canadian?

It’s official, Tony Clement is now the Minister of Industry as Jim Prentice is shuffled to the Environment portfolio. This means Prentice will not get the chance to see the Canadian DMCA through to fruition. Will Clement pick up where Bill C-61 left off??? most likely!

Although Industry pretty much spearheaded C-61, Copyright is still jointly controlled by Industry and Heritage. We see Josee Verner out as Heritage Minister and James Moore is in.

There has been no shortage of spin surrounding the introduction of Bill C-61 – the Canadian DMCA over the past week. The Bill had barely even hit the table and those who had lobbied feverishly for its introduction and its made-in-America anti-circumvention provisions we applauding the government and its fine work.

CRIA: “To maximize the benefits for all parties – consumers, creators, businesses and other stakeholders – the legislation must provide clear rules so that all Canadians can understand what is acceptable on the Internet and other digital media.”

Unfortunately for consumers this legislation provides an obscure set of rules and regulations that confuse most Canadians.

The ESA Canada: “The Entertainment Software Association of Canada (ESAC) has long been an advocate of updated copyright rules, and is pleased to see the government take action to protect our nation’s industries and artists from theft.”

Unfortunately for consumers this legislation is of little benefit to artists and creators and has been designed with the purpose of propping up dying business models and providing new revenue streams through litigation.

Fortunately the media was not buying into all the glossy provisions engineered by the Conservatives to win public support for the Canadian DMCA. This was made clear in several mainstream media reports.

The Ottawa Citizen: “The complex bill continues to be the subject of considerable discussion, much of it technical. Its full implications may not be completely understood for some time, but a few things are becoming clear: Enforcement will be difficult, if not impossible, and it will limit uses of digital material that have nothing to do with piracy.”

The Vancouver Sun: “The fact that the bill relies on the American method is not just a coincidence, either, as it is almost entirely the result of the intense pressure U.S. authorities placed on Ottawa. In contrast, there was precious little public consultation during drafting of the proposed law.”

One can only hope that Canadians see through the smoke and mirrors of this supposed made-in-Canada bill and take it for what it’s worth, a made-in-America bill made worse.

Defending Bill C-61 today during question period was a piece of 8 1/2 by 11 and Colin Carrie, the Parliamentary Secretary to the Minister of Industry. Carrie responded to NDP criticism that Bill C-61 was modeled after the flawed American DMCA by highlighting the made in Canada user rights included in the Bill. Reading from his script Carrie stated that the educational, format shifting, time shifting, private copying of music and ISP liability exemptions along with the statutory damages provision were made in Canada.

What Carrie failed to highlight is the fact that the core of Bill C-61, the anti-circumvention provisions were born in the United States and made worse in Canada. It is the anti-circumvention provisions that undermine each of the glossy exceptions and provisions the Conservative government is using to sell this legislation to Canadian consumers.

David Fewer, Staff Counsel at the Canadian Internet Policy and Public Interest Clinic (CIPPIC) appeared opposite of Seamus O’Regan on Canada AM this morning. Although primarily focused on the implications this reformed law will have on music downloaders and Canadian iPod listeners. David Fewer does well to discredit the Conservatives’ so-called “Made in Canada” spin they are attempting to paint this legislation with and points out this is simply an extension of the flawed US DMCA into Canada.