Changes to the Canadian federal government'sCopyright Modernization Act, also known as Bill C-11, will legally require ISPs to contact customers suspected of illegally downloading on behalf of the copyright holder as of January 1st. Here's how the new regulation will be implemented:1. An ISP customer downloads an album or movie through a peer-to-peer (or similar) service. 2. The copyright holder (most likely a record label or publisher) obtains the IP addresses of infringing downloaders and sends them to Canadian ISPs. 3. Canadian ISPs notify relevant customers that they have been involved in illegal downloading. The ISP's notice email will inlude the customer's name, an identification of the infringing material, the IP address involved, the date and time of download, and the necessary steps to remove the data from your computer. 4. Canadian ISPs hold your personal information (name and address) for six months and do not provide it to the copyright holder unless the copyright holder decides to pursue legal action.
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The convoluted process of using ISPs as an intermediary is intended to appease copyright holders and scare would-be downloaders from repeatedly infringing. According to data from Rogers, 67% of recipients did not re-infringe after their first notice. After the second notice, that figure jumped to 89%.While the changes will be unwelcome by the majority of Canadian Internet users, they contrast sharply from Internet-oriented copyright protection laws in America. The Digital Millenium Copyright Act (DMCA) waives ISPs of responsibility and allows copyright holders to attack infringing downloaders directly, often sueing first-time offenders for ludicrous sums.
In Britain, ISPs have been obligated by the Digital Economy Act to follow a cease and decist notification system that is similar to Canada's soon-to-be activated regulations. The legality of the act has been called into question several times since the activation of enforcing copyright laws has been a topic of intense controversy. In 2010, Charles Dunstone, the boss of UK ISP TalkTalk, described the governments plans to "punish people suspected of illegal downloading [as] an assault on human rights."Critically, ISPs in Canada are already reluctant to take on the responsibility of enforcer. Several ISPs, such as Saskatchewan providers SaskTel and Access Communications, feel that there will be a potential negative impact on customers' perceptions of their companies.
When questioned by Leader Post, SaskTel spokeswoman Michelle Englott assured readers that "SaskTel does not track our customers' activities online regarding possible copyright infringement activities. It is the copyright holder who provides SaskTel with the information associated with the alleged infringement."Despite being mild in comparison to law in other countries, the Copyright Modernization Act is a stark reminder that the government, record labels, and movie studios don't give a fuck about your privacy. Before they find a way to abuse yet another law, write to your MP and request that he or she stand up for your rights by objecting to the Copyright Modernization Act.Ziad Ramley is on Twitter: @ZiadRamley
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In Britain, ISPs have been obligated by the Digital Economy Act to follow a cease and decist notification system that is similar to Canada's soon-to-be activated regulations. The legality of the act has been called into question several times since the activation of enforcing copyright laws has been a topic of intense controversy. In 2010, Charles Dunstone, the boss of UK ISP TalkTalk, described the governments plans to "punish people suspected of illegal downloading [as] an assault on human rights."Critically, ISPs in Canada are already reluctant to take on the responsibility of enforcer. Several ISPs, such as Saskatchewan providers SaskTel and Access Communications, feel that there will be a potential negative impact on customers' perceptions of their companies.