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I was trying to decide which parts of each report would be best suited for this post but there are so many shocking points it was a difficult decision:
The federal government is secretly negotiating an agreement to revamp international copyright laws that could make the information on iPods, laptops and other devices illegal, according to a leaked government document.
The deal could also force Internet service providers to hand over customer information without a court order.
From: Gov’t wants into your laptop – The Province (BC)
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The federal government is secretly negotiating a copyright agreement that could make some information on Canadian iPods, laptop computers or other personal electronic devices illegal.
Called the Anti-Counterfeiting Trade Agreement (ACTA), the new plan would see Canada join other countries, including the United States and members of the European Union, to form an international coalition against copyright infringement.
The agreement is being structured much like the North American Free Trade Agreement except it will create rules and regulations regarding private copying and copyright laws.
Federal trade agreements do not require parliamentary approval.
The deal would create an international regulator that could turn border guards and other public security personnel into copyright police. The security officials would be charged with checking laptops, iPods and even cellular phones for content that “infringes” on copyright laws, such as ripped CDs and movies.
The guards would also be responsible for determining what is infringing content and what is not.
The agreement also proposes that any content that may have been copied from a DVD or digital video recorder would be open for scrutiny by officials — even if the content was copied legally.
The leaked ACTA document states officials should be given the “authority to take action against infringers (i. e., authority to act without complaint by rights holders).”
Anyone found with infringing content in their possession would be open to a fine. They also may have their device confiscated or destroyed, according to the four-page document.
From: Border officials may seize iPods under trade deal – National Post
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According to a leaked document (available at Wikileaks and also at IP Justice), Canada and a number of other countries are planning to create a NAFTA-style body that would police copyright, and would be empowered to seize and/or destroy property without a court order. This agency — whose creation wouldn’t have to be approved by the legislature, according to some reports, because it deals with international trade matters — would also have the power to force Internet service providers to divulge information about their customers without requiring a warrant.
Past attempts by the Canadian record industry to compel ISPs to produce such information failed when the courts ruled that the Canadian Recording Industry Association didn’t have the authority to request that kind of private personal data.
The proposed multi-country agreement (which reportedly involves the U.S., Canada, the European Union, Japan, Mexico and South Korea) is called the Anti-Counterfeiting Trade Agreement, or ACTA. In addition to the ability to force ISPs to provide customer info, the agreement would also give border guards the right to inspect laptops, cameras, iPods and other devices for any illegal digital content, and would allow them to take action without requiring a complaint from a rights-holder. The agreement would permit guards and others to conduct “ex parte” searches of property or individuals, meaning a lawyer would not have to be present.
From: Do we need copyright cops? – Ingram 2.0/Globe and Mail
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The way Canadians use the Internet and technology – from downloading music to buying new cellphones – could face unprecedented restrictions under new federal policies that critics say are being decided behind closed doors.
The Conservative government has been involved in international talks in recent months to develop an international anti-counterfeiting strategy to reduce Internet piracy and the flow of counterfeit goods. But critics say that instead of cracking down on rogue Internet users heavily involved in illegal file sharing, the agreement seems poised to dramatically increase the government’s ability to police the activities of Canadians, even when they legally purchase music files, DVDs and electronic equipment such as cellphones and personal video recorders.
“This is an attempt here to create a very broad umbrella that strikes at the very heart of every day activities for millions of Canadians,” said Michael Geist, law professor at the University of Ottawa and Canada Research Chair of Internet and e-commerce law.
From: Anti-piracy strategy will help government to spy, critic says – Globe and Mail
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Leaked Document
Proposed US ACTA multi-lateral intellectual property trade agreement (2007) – WikiLeaks
Additional Coverage
Globe and Mail, Calgary Herald, Jamie Shaw,Torrent Freak,Tech Dirt,Daily Tech,Webhosting Poland,Slashdot
Michael Geist‘s past postings on ACTA can be found here, here, here, and here.
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