To my readers. I will be moving off of digital policy exclusively, and I will be relaunching my Mind Bending Politics blog to follow more political and policy stuff, especially with the 2015 election gearing up. You can sign up through e-mail to be subscribed to the new blog on the blogs homepage located: https://mindbendingpolitics.wordpress.com/
I’ve also created a facebook page for the blog, located: https://www.facebook.com/mindbendingpoltics
Twitter will remain the same.
I recently wrote about how BMG/Rightscorp have been providing false and misleading notices for ISPs to hand over to users suspected of downloading. While most are focusing on the Government, questions have arisen on what role these ISPs have in the new copyright legislation yet again. Those questions became quite the discussion in the comments section of Micheal Geists latest blog. One poster identifying himself as an ISP insider from an indie ISP came out stating that most agreed the legal risk to ISPs on withholding these notices was minimal:
I think that most people would agree, including I suspect most lawyers, that if it were tested in court that ISPs would probably be exonerated for not forwarding these notices.
So why the public fiasco? Well turns out after a lengthy discussion on Geists blog, that indie ISPs seem to want a zero risk approach when dealing with consumer related issues. They wanted complete clarification within law, so that there was no inherent risk to the ISP for not forwarding these notices. Not even a 0.01% risk. So they piped up, made the issue public in an effort to use public discourse to essentially lobby government for a zero risk approach to protect their own business interests, rather than assuming a small amount of risk in these copyright complaints.
Openmedia has come out with an interesting tool today supporting those lobby efforts, asking people to sign a petition to get Government to stop misleading copyright notices in law. The government has already responded, by posting information on those notices to consumers. There are also reports that most if not all ISPs are not forwarding off these misleading notices with the governments blessing.
The problem for this Openmedia petition though, is the government is in the process putting in laws which may allow for the sharing of your personal information by Industry Canada under bill S-4. Presumably, those who write in concerned about misleading copyright notices would be those that would be affected by those notices (ie. peer to peer users). Bill S-4 proposes:
an organization may disclose personal information without the knowledge or consent of the individual… if the disclosure is made to another organization and is reasonable for the purposes of investigating a breach of an agreement or a contravention of the laws of Canada or a province that has been, is being or is about to be committed and it is reasonable to expect that disclosure with the knowledge or consent of the individual would compromise the investigation;
Government could very well disclose the information you provide through this tool to rights holders to some day identify repeat offenders, or even breach of an Internet providers contract without your knowledge or consent. This tool is an inherent risk to users privacy as a result, and not a very well thought out process by Openmedia who should be putting internet users above the lobby efforts of it’s telecom financial supporters. Openmedia should be very well aware of inherent risks this tool poses with proposed legislation in the pipeline. Openmedia should also be re-thinking it’s approach to supporting a telecom sector, which has no intentions of sticking their necks out for consumers as long as there is risk involved in doing so. To continue support for this sector, contravenes the very values this organization is fighting for.
Last week I wrote about music publisher BMG and copyright troll Rightscorp sending threatening copyright notices to Canadians suspected of peer to peer downloading, and demanding payment. On Friday, the government responded and isn’t very happy about the situation. Jake Enright, a spokesman for Industry Minister James Moore stated in an interview with Reuters News Service on Friday:
These notices are misleading and companies cannot use them to demand money from Canadians
Enright also stated that the Ministry would be in contact with the ISPs and representatives of the entertainment lobby in the coming days to discuss the issue. Internet law expert and U of O law professor Micheal Geist fired back in his most recent post on the subject stating:
While that is encouraging, the reality is that this is a mess of the government’s own making. In fact, according to documents obtained under Access to Information, the government previously dismissed calls for changes to the system from Internet providers. Moreover, Industry Canada officials conducted consultations that were designed to create reforms that might have stopped these practices. Moore decided to forge ahead with the notice-and-notice system without any additional regulations, however, a decision that lies at the heart of the current problem.
Geist also said that just stating that government disapproves of this practice is not enough, and the government should rectify the situation through legislation and a possible complaint into the Competition Bureau.
The NDP has chimed in as well on the issue of these false and misleading notices. NDP Industry Critic Peggy Nash said:
The Conservatives are letting these companies send false legal information to Canadians in order to scare them into paying settlements for movies or music no one has even proved they’ve actually downloaded
With an election looming in the coming months, will the Government push through legislation to stop this practice? What are the platforms all parties are committed to on this issue? What I find very interesting about this situation politically, is that the Liberals so far have been largely silent on it. I wonder why that would be? Depending on how this all plays out, copyright may once again become an election issue in the near future.
Glen Canning, the governments’ sales person on the controversial cyber-bullying bill has received a lot of flak recently from internet users over the past few days, for tweeting out a compromising picture on social media of an MSVU professor. Those that have followed the cyber-bullying legislation through committee know that Canning was a stark defender of the cyber-bullying bill; often coming out strongly against those who had privacy concerns on the bill.
Canning’s daughter killed herself when compromising pictures of her were circulated online, and was aggressively cyber-bullied as a result of those pictures. The Conservative Government had a hard time getting victims’ rights groups to fully support the controversial bill which enshrined into law lawful access provisions allowing the police warrant-less access to an internet users information. Eventually they put Canning (a grieving father) front and center on the bill which polarized the debate around the bill. Canning became a supporter of lawful access, and quickly became a polarizing figure in the debate surrounding the cyber-bulling bill as a result of his support for police access to information without judicial oversight.
Canning was recently approached by a female student at MSVU as a result of one of her professors trying to engage in sexual activity with her. The professor sent her a nude photo of himself, in which landed in the hands of Canning, and was also sent to media outlets. Canning (who I believe was well intentioned) tweeted out the photo prior to media reports on the story to try and gain public attention to this students’ case. This lead to a lengthy discussion on reddit, social media, and blogs regarding Cannings’ actions since the cyber-bulling bill that was recently passed has a provision dealing with unauthorized sharing of intimate images. Canning quickly removed the tweet, and continued to defend his actions.
Section 162.1 of the new cyber-bulling bill states:
162.1 (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty
It’s important to note that the cyber-bullying bill has yet to come into effect, so questions and debate around this case would be purely speculation, and whether the Canning image tweet qualifies as enforceable under the act, is also entirely open for debate. One thing is clear cut though. From the back lash that Canning is getting surrounding this issue, it’s clear that many Canadians have been closely following developments surrounding the new cyber-bullying bill, and the take home from all of this should be that Canadians are very concerned about their rights regarding this bill.
What I don’t agree with; the Government using a grieving parent to play politics and sell a bill that attacks Canadians rights. Canning has become a polarizing figure in this debate around cyber-bullying that I believe was intentional by design regarding the politics of the situation. It’s quite easy for Government to distance themselves from Canning now that the bill has been passed, and I would strongly suspect that this will happen as a result of the online debate around Cannings’ tweets that will most certainly continue into the halls of parliament.
While I’m not defending Cannings’ move in tweeting these photos’, it’s apparent that there are underlying political issues surrounding this bill, and the debate needs to be focused away from grieving parents, and on to a so called “responsible” government who’s used Canning in an attempt to deflect political attention away from the Conservative party on a controversial bill that the population is extremely concerned about.
I quite strongly disagree with Cannings’ views regarding internet privacy, as a father myself I have a great amount of respect for this person. If I had lost a child in the way Canning did, I couldn’t care less about privacy. That would be fraternal instinct, and I would be acting in much the same way Canning has been throughout the debate. The government knew this on the political side of things, which is why Canning became front and center on this bill. The new cyber-bullying bill C-13 is a bill that’s been sold on emotion, not substance, and those that disagree with the bill should note we have an election in a few months’ time. Rather than attacking a grieving parent, Canadians should be using their right to vote to signal their discontent.
Any politician that has used grieving parents in the way the government has done to sell C-13, in my opinion doesn’t have the moral authority to lead, nor should command our respect at the voting booth.
Since January 1st 2015, Canadians that download off of bit-torrent started to get “copyright infringement” notices. I’ve even questioned the amount of money Canadian Internet providers could make on the process. The questions I raised ended up being used in court. Today however, many Canadian Internet users are not getting notices of infringement from music publisher BMG. They are receiving legal threats through this system only eight days in. As Micheal Geist (emphasis added) reports:
The notice falsely warns that the recipient could be liable for up to $150,000 per infringement when the reality is that Canadian law caps liability for non-commercial infringement at $5,000 for all infringements. The notice also warns that the user’s Internet service could be suspended, yet there is no such provision under Canadian law. Moreover, given the existence of the private copying system (which features levies on blank media such as CDs), personal music downloads may qualify as private copying and therefore be legal in Canada.
BMG is using a company called Rightscorp to track infringing users online. Rightscorp is a well known name in the US for helping launch massive copyright lawsuits against internet users, and is on the brink of bankruptcy.
The notice sent by BMG/Rightscorp (which is viewable on Geist’s post) also threatens to cut off infringing users Internet access (which the law doesn’t permit) and falsely informs Canadian Internet users on the new law. Users that receive these notices are also asked to pay a $20 fee to make these problems go away. It’s important to note that if you have received this notice or any other through e-mail, your identity is not currently known. Geist summarizes:
In a nutshell, Rightscorp and BMG are using the notice-and-notice system to require ISPs to send threats and misstatements of Canadian law in an effort to extract payments based on unproven infringement allegations. Many Canadians may be frightened into a settlement payment since they will be unaware that some of the legal information in the notice is inaccurate and that Rightscorp and BMG do not know who they are.
With Canadian Internet providers making a nice profit off of disclosing their customers information with a court order, will Canadian ISPs stand up to this abuse of the system, or as the case with US telecom, leave Internet users to their own devices and cash in on disclosing their users identities?
Users should not respond to these types of notices or attempt to settle. It would provide information about you to copyright holders that they don’t currently have, which could include financial information, your address and phone number.
(Credit: Olive Bites Blog)
Yesterday like many across the world, I became glued to newscasts as events unfolded in France regarding the shooting of satire cartoonists, and journalists. These innocent lives were gunned down in a rampage because a newspaper decided to publish satire portraits of the prophet Mohammad. What followed was an immediate and swift condemnation of an attack on freedom of expression by these terrorists from most global leaders.
What is freedom of expression? Freedom of expression to me is the ability to express myself freely without the worry of being gunned down by terrorists, or jailed for expressing certain points of view. This goes hand in hand, in my opinion with freedom of speech. It’s essential to a democracy to be able to question the politics or ideology of any given topic. Democracy is about different views, and the ability to express those views no matter how distasteful some of those views can be without fear of persecution, or censorship.
Every religion has been guilty of suppressing self-expression. Leonardo Da Vinci had a love for the human anatomy, and often disagreed with the Christian pope at the time. To study what we consider science today in Da Vinci’s time was considered blasphemy by the church, and punishable by death. Think of where the world would be now if Da Vinci and others of that time period were able to freely express their scientific views without persecution. The advancement of human knowledge is also a benefit of self-expression.
As events unfolded in France, I began to start questioning the Canadian response. First the CBC’s editorial staff refused to show the cartoons in question, in an attempt to accommodate the Muslim faith. I wouldn’t have thought twice about it if it were not for yesterday’s events. Those cartoons after yesterday became an important part of a global news story. Journalists have a responsibility to cover the facts of the story, and report it in full without fear of retaliation. The CBC is a publicly funded organization and should hold democratic values of free expression, which sadly were not present yesterday during the initial reporting of the events. Here is an example of one of the cartoons:
(French Translation: Love is stronger than hate)
Another troubling aspect is the fact that these terrorists were known to authorities. In an age of mass surveillance even people who are known to have terrorist backgrounds keep slipping through the cracks. This is now becoming a considerable theme across the globe since the Boston bombings a few years ago, and the frequency of these attacks in recent months strongly suggests that the policy of mass surveillance is inadequate to prevent any future attacks. In fact it looks to be doing quite the opposite. Too often than not, hard police work and targeted investigations are lacking even on known suspects.
After 9/11 the US gave birth to a state run security sector and public dollars flowed into private security firms. Today that security sector is huge and continues to grow with Canadian companies also benefiting. We’ve ended up giving away our right to privacy online as a result of events like yesterdays. We’re spending vast amounts of money beefing up our surveillance capabilities, and yet these known perpetrators who commit these horrible acts of terror are continuing to do so at an alarming rate. With today’s surveillance capabilities, shouldn’t we be seeing a significant decrease in these attacks? With the capabilities we have in place today, there should be no excuse for this.
Yet every time society goes through these types of attacks, the private sector security lobby has no problems lining up at the door of public coffers. This lobby is now very strong and keeps stating we need to give up more of our constitutional rights, and enable more failed national security mass surveillance policies to prevent future attacks. Since our Conservative politicians are mainly twits (and could care less about civil liberties), rather than looking at the past decade and learning, they just throw money at the situation, and pass laws that undermine the importance of freedom of expression by attacking our privacy.
What does privacy have to do with freedom of expression you ask? Ask yourself this; if Da Vinci lived 10 years from now with no expectation of privacy, would he become the artist we know him today? A lot of Da Vinci’s most provocative works were hidden from those that would have certainly put him to death if they found them. Some of those works are still being unearthed and studied even today. If he didn’t have any private moments, what would we know of Da Vinci today? Will we end up even having our own private thoughts of self-expression in the future, or will give into those who claim to protect us and are financially benefiting from fear?
If politicians are serious about defending self-expression as so many did yesterday, why then are they attacking the very core of that expression by diminishing the very right to privacy (in the name of national security), where that democratic right of self-expression is birthed? If we can’t freely express ourselves in the privacy of our own homes, through private communications, or through the public without “fear” of prosecution or government listening in, than those that died yesterday, did so without purpose, or meaning and not in defense of core democratic values.
Here’s some videos that caught my eye in 2014:
5: John Oliver’s talk on Net Neutrality. Oliver’s talk on net neutrality ended up getting so many people writing into the FCC it crashed their website. Canadians need to take note. I’m predicting net neutrality will be one of the top issues addressed by the CRTC in 2015:
4. Toronto Skyline Porn is what its title implies — a full frontal visual journey through Toronto’s growing skyline. The scenes were shot over the past few years from different heights and in different seasons:
3. The return of Weird Al. In 2014, Weird Al released a series of new songs. One of my favorites was the parody he did on Lorde’s Royals entitled Foil:
2. Look Up: This spoken word video made net citizens pause and think in 2014:
1. A parody on how Rob Ford handled his “crack” scandal. As a parent this made me think a lot about who we elect in each level of Government: