Debrah Nesbit

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Libraries are about democracy, not just books

October 10, 2018

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CRTC Website Blocking Submissions Confirm Over-Blocking Risks: “Every Blocking Technique Suffers from Over-blocking and Under-blocking”

With broad-based criticism of the Bell website blocking plan, supporters have tried to dismiss the opposition by characterizing much of their analysis as “misinformation”. Yet a review of many expert submissions reveals widely held concerns regarding the proposal. Many point to the absence of court orders as a key flaw and no one – whether supporter or critic – disputes that the majority of countries that have used site blocking require court orders. Further, claims that human rights concerns are unfounded ring hollow in light of the critical submission from the U.N. Special Rapporteur on Freedom of Expression . Efforts to dismiss the cost implications of site blocking are undermined by the clear position of the majority of Canadian Internet providers that the expenses associated with blocking are likely to lead to increased consumer costs and reduced competition. Many submissions similarly point to the risks of over-blocking legitimate content. For example, CIRA’s technical review ...

The LawBytes Podcast, Episode 16: The Copyright Review Report – Carys Craig on the Roadmap for the Future of Canadian Copyright Law

In December 2017, the Canadian government launched its much-anticipated and much-lobbied review of Canadian copyright law, tasking the Standing Committee on Industry, Science and Technology to lead the way. After months of study and hundreds of witnesses and briefs, the committee released its authoritative report with 36 recommendations earlier this month. Carys Craig , a law professor at Osgoode Hall Law School and one of Canada’s leading copyright law experts, joins the podcast to help sort through the report and to consider what it means for the future of Canadian copyright law. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here . Subscribe to the podcast via Apple Podcast , Google Play , Spotify or the RSS feed . Updates on the podcast on Twitter at @Lawbytespod . Episode Notes: Standing Committee on Industry, Science, and Technology, Statutory Review of the Copyright Act The Authoritative Ca...

Fool’s Gold: Why a Federal Court Judge Was Wrong To Issue a Website Blocking Order Against GoldTV

A Federal Court of Canada judge issued a major website blocking decision late Friday, granting a request from Bell, Rogers, and Groupe TVA to block access to a series of GoldTV streaming websites. The order covers most of the Canada’s large ISPs: Bell, Eastlink, Cogeco, Distributel, Fido, Rogers, Sasktel, TekSavvy, Telus, and Videotron. The case is an important one, representing the first extensive website blocking order in Canada. It is also deeply flawed from both a policy and legal perspective, substituting the views of one judge over Parliament’s judgment and relying on a foreign copyright case that was rendered under markedly different legal rules than those found in Canada. Perhaps most troubling is that the judge has created a substantive new policy framework for site blocking, an issue that given the many complex policy issues (including copyright enforcement, freedom of expression, net neutrality, and telecom competition) is best left to Parliament. Indeed, the activist judi...

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Libraries are about democracy, not just books

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