Post Tagged with: "prentice"

61 Reforms to C-61, Day 27: TPMs – Encryption Research Exception Restricts Peer Review

Bill C-61's encryption research exception also potentially creates a restriction on peer review, an essential part of the scientific process.  The current exception at Section 41.13(3) provides that circumvention devices (ie. software programs) may be distributed if for the purpose of encryption research and the researcher:

(a) uses that technology, device or component only for that purpose; or
(b) provides that technology, device or component only for that purpose to another person who is collaborating with the person

In other words, a circumvention device distributor can provide it to an encryption researcher and the researcher can provide it to other researchers with whom they are collaborating.  While this covers access to circumvention devices for encryption researchers and their research team, it would not appear to cover non-affiliated researchers who might be asked to conduct peer review on the encryption research.

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July 28, 2008 5 comments News

IT World Canada Launches C-61 Petition

ITWorldCanada has launched a new petition on C-61, focusing on anti-circumvention legislation. The petition adopts an approach that preserves permitted uses by calling for reform of the bill by amending the anti-circumvention provisions to read: "No person shall circumvent a technological measure within the meaning of paragraph (a) of the […]

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July 28, 2008 1 comment News

61 Reforms to C-61, Day 26: TPMs – Encryption Research Exception Requires Notice

As discussed in the last entry, Bill C-61 includes an exception for encryption research much like the U.S. DMCA.  The U.S. DMCA exception has been widely criticized as providing insufficient legal protection for legitimate encryption research, leading to significant concerns in the research community about the prospect for liability.  The […]

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July 28, 2008 16 comments News

Government Planning “Insider” ACTA Group

Prime Minister Stephen Harper and the leaders of G8 countries closed their recent summit in Hokkaido, Japan by encouraging "the acceleration of negotiations to establish a new international legal framework, the Anti-Counterfeiting Trade Agreement (ACTA), and seek to complete the negotiation by the end of this year."  The decision to fast-track the controversial ACTA has led to new momentum for the still-secret treaty as the Australian government recently disclosed that a new round of negotiations will commence this week.

My weekly technology law column (Toronto Star version, homepage version) reveals that alongside the negotiations, officials have been developing plans to establish an "insider" group comprised solely of government departments and industry lobby groups who would be provided with special access to treaty documentation and discussion.  According to documents obtained under the Access to Information Act, the government has been crafting an Intellectual Property and Trade Advisory Group. The initial plans for membership in the group were limited exclusively to 12 government departments and 14 industry lobby groups.  These include the Canadian Recording Industry Association, the Canadian Motion Picture and Distributors Association, and the Entertainment Software Association of Canada.

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July 28, 2008 14 comments Columns

Public Left Out Of ACTA Talks

Appeared in the Toronto Star on July 28, 2008 as Public Left Out of Anti-Counterfeiting Trade Talks Prime Minister Stephen Harper and the leaders of G8 countries closed their recent summit in Hokkaido, Japan by encouraging "the acceleration of negotiations to establish a new international legal framework, the Anti-Counterfeiting Trade […]

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July 28, 2008 4 comments Columns Archive