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IP: Canadian "DMCA" in the Works - Short Deadline


From: David Farber <dave () farber net>
Date: Sat, 08 Sep 2001 03:33:32 -0400



ALERT: Canadian "DMCA" in the Works - Short Deadline

  Tell Canada to Reject Anti-Technology Bans

    Electronic Frontier Foundation ACTION ALERT

    (Issued: Friday, September 7, 2001 / Deadline: Saturday, September 15,
    2001)

    Introduction:

   Canadian citizens, and others, are urged to contact the Canadian
   government and express their opposition to legislation, similar to the
   Digital Millennium Copyright Act (DMCA) in the U.S., that would outlaw
   circumvention of technological restrictions put in place by copyright
   holders. The Canadian government is accepting public comment until
   September 15, 2001 on its proposed "Consultation Paper on Digital
   Copyright Issues" which considers such measures.

   These anti-technology bans violate the Canadian Charter of Rights and
   Freedom's guarantee of freedom of speech, and similar guarantees in
   the UN Universal Declaration of Human Rights, since such tools are
   necessary to exercise lawful uses, including fair use. They would turn
   scientists, fair users, journalists, programmers, and archivists into
   criminals. While protecting copyright is important, passing measures
   that also censor much lawful speech goes too far, without ever
   achieving its objective.

   Canada is considering adopting anti-circumvention legislation in
   response to the World Intellectual Property Organization's (WIPO) 1996
   Copyright Treaty. This treaty, however, does not require enacting
   national legislation that outlaws technology with many lawful uses.
   Given the dismal US experience with the DMCA, other countries should
   learn from and steer clear of the U.S. Congress's mistake.

    What YOU Can Do:

   EFF calls upon the citizens of Canada, and other interested parties
   around the world, to submit comments by Sept. 15, urging the Canadian
   agency Intellectual Property Policy Directorate to remove the
   provisions of the Consultation Paper on Digital Copyright Issues that
   outlaw the act of circumvention and forbid providing tools for
   circumvention of technological protection measures restricting use of
   copyrighted works.

   Comments, to be received by the government by September 15, 2001,
   should be submitted to:

   Comments - Government of Canada Copyright Reform
   c/o Intellectual Property Policy Directorate
   Industry Canada
   235 Queen Street
   5th Floor West
   Ottawa, Ontario K1A 0H5 Canada
   fax: (613) 941-8151
   copyright-droitdauteur () ic gc ca (text, HTML, WordPerfect and MSWord
   formats accepted)

    Sample Letter:

   This is just an example. It will be most effective if you send
   something similar but in your own words.

     To Industry Canada, the Department of Canadian Heritage, the
     Intellectual Property Policy Directorate and other concerned
     agencies:

     I write to express my grave concern regarding the extreme
     intellectual property provisions of the Consultation Paper on
     Digital Copyright Issues (CPCDI).

     These measures, based on the US Digital Millennium Copyright Act
     (DMCA), give far too much power to publishers, at the expense of
     indivdiuals' rights. The DMCA itself is already under legal
     challenge in the US, has gravely chilled scientists' and computer
     security researchers' freedom of expression around the world for
     fear of being prosecuted in the US, and resulted in the arrest of a
     Russian programmer. The CPDCI provisions, which serve no one but
     (largely American) corporate copyright interests, are just as
     overbroad as those of the DMCA.

     These provisions would amend the Canadian Copyright Act to ban,
     with few or no exceptions, software and other tools that allow copy
     prevention technologies to be bypassed. This would violate the
     Charter of Rights and Freedoms guarantee of freedom of speech, and
     similar guarantees in the UN Universal Declaration of Human Rights,
     since such tools are necessary to exercise lawful uses, including
     fair use, reverse engineering, computer security research and many
     others.

     I urge you to remove these controversial and anti-freedom
     provisions from the CPDCI language. The DMCA is already an
     international debacle. Its flaws should not be imported and forced
     on Canadians.

     Sincerely,
     [Your full name]
     [Your address]

    Background:

   For more information about the Canadian Copyright Act amendment
   process, including the proposed digital copyright measures and how
   Canadian citizens can become involved, see the following Web site:
     http://strategis.ic.gc.ca/SSG/rp01100e.html

    About EFF:

   The Electronic Frontier Foundation is the leading civil liberties
   organization working to protect rights in the digital world. Founded
   in 1990, EFF actively encourages and challenges industry and
   government to support free expression, privacy, and openness in the
   information society. EFF is a member-supported organization and
   maintains one of the most linked-to Web sites in the world:
     http://www.eff.org

    Contact:

     Will Doherty, EFF Online Activist / Media Relations
     wild () eff org
     +1 415 436 9333 x111

     Robin Gross, EFF Intellectual Property Attorney
     robin () eff org
     +1 415 436 9333 x112

                                  - end -



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