Stop Canada from passing ACTA

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The ACTA proposal must not be allowed in Canada.

The proposed laws and changes to Canadian laws place privacy of Canadian Citizens, and the right to a fair trial process in jeopardy.

I'm extremely concerned about the steps taken by the Canadian Government to hide the details regarding the changes to Canadian laws which will help meet the needs of American Corporations. Why has our Goverment not revealed any details to the public regarding the proposed changes?

The concerns I have are the same concerns of many unspoken Canadians who are sitting on the fence waiting for some lobbying group to stand up for their rights. Those groups don't know the impacts coming and therefore don't know what to speak to.

Firstly, we should identify what rights will be impacted.

Secondly, let us discuss who will benefit from this.

Third and lastly, let us discuss the open market and jobs created and profits generated by existing laws and the digital age which the RIAA and MPAA refuse to step up to and adapt to for fear of losing their vice like grip on profits.



The proposed ACTA law will violate existing Canadian rights or circuvent / veto them.

The PDF document that was leaked is available here :

http://www.wikileaks.org -> search for ACTA

the page links to this document, which I suggest you view and print.

http://file.sunshinepress.org:54445/acta-proposal-2007.pdf

I suggest printing this article and refering to it as I mention specific violations which will occur and how it will violate the rights Canadians enjoy today.


Currently, the Collection, Retention and Disposal of Personal Information under the Privacy Act of Canada stipulates that :

4. No personal information shall be collected by a government institution unless it relates directly to an operating program or activity of the institution.
1980-81-82-83, c. 111, Sch. II "4".

5. (1) A government institution shall, wherever possible, collect personal information that is intended to be used for an administrative purpose directly from the individual to whom it relates except where the individual authorizes otherwise or where personal information may be disclosed to the institution under subsection 8(2).
Individual to be informed of purpose (2) A government institution shall inform any individual from whom the institution collects personal information about the individual of the purpose for which the information is being collected.
Exception (3) Subsections (1) and (2) do not apply where compliance therewith might
(a) result in the collection of inaccurate information; or
(b) defeat the purpose or prejudice the use for which information is collected.

http://www.privcom.gc.ca/legislation/02_07_01_01_e.asp#002

IF ACTA is enabled in Canada, the collection of private information of individuals will be freely provided to 3rd party companies ( likely the RIAA or MPAA ) who will summarily suggest that individuals behind the IP address ( the computer address provided to them by the individual's ISP ( Internet Service Provider ) ) are guilty of transferring documents / traderight material and should be paying penalties for this.

Now, the ACTA law is proposing a maximum fine of $500 for the individual if caught, but there is no method to prove the person is guilty of violating copyright laws unless they are investigated and found to have said copy on their computer or in their possession.

In section 5(3) a - the collection of inaccurate information can and does take place as seen by various lawsuits against the MPAA and RIAA. In section 5(3) b - the information collected will be prejudiced based upon sharing data with companies requesting it.

The costs of administering the ACTA proposal in Canada will fall on the taxpayer, instead of upon the legal parties who own the copyrights of the materials that the ACTA intends to protect. This is not an acceptable proposal, as it places unnecessary burdens upon our already taxed police who are dealing with inadequate laws as seen recently in Winnipeg.


Under the Privacy Act's provisions for businesses, it indicates that they must :

2. Identify the purpose
Your organization must identify the reasons for collecting personal information before or at the time of collection.

Your responsibilities

Before or when any personal information is collected, identify why it is needed and how it will be used.
Document why the information is collected.
Inform the individual from whom the information is collected why it is needed.
Identify any new purpose for the information and obtain the individual's consent before using it.

http://www.privcom.gc.ca/information/guide_e.asp#002

The ISPs that all Canadians use are not subject to disclose the names of the people renting its services unless subpeona'd. The ACTA law will circumvent existing legal procedures, violating the privacy of users.


Organizations may disclose personal information without the individual's knowledge or consent only:

to a lawyer representing the organization;
to collect a debt the individual owes to the organization;
to comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction;
to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) as required by the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
to a government institution that has requested the information, identified its lawful authority to obtain the information, and indicates that disclosure is for the purpose of enforcing, carrying out an investigation, or gathering intelligence relating to any federal, provincial or foreign law; or suspects that the information relates to national security, the defence of Canada or the conduct of international affairs; or is for the purpose of administering any federal or provincial law;
to an investigative body named in the Regulations of the Act or government institution on the organization's initiative when the organization has reasonable grounds to believe that the information concerns a breach of an agreement, or a contravention of a federal, provincial, or foreign law, or suspects the information relates to national security, the defence of Canada or the conduct of international affairs;
if made by an investigative body for the purposes related to the investigation of a breach of an agreement or a contravention of a federal or provincial law;
in an emergency threatening an individual's life, health, or security (the organization must inform the individual of the disclosure);
for statistical, scholarly study or research (theorganization must notify the Privacy Commissioner before disclosing the information);
to an archival institution;
20 years after the individual's death or 100 years after the record was created;
if it is publicly available as specified in the regulations; or
if required by law.

Under the same law,

Organizations may refuse access to personal information if the information falls under one of the following:
solicitor-client privilege
confidential commercial information*
disclosure could harm an individual's life or security*
it was collected without the individual's knowledge or consent to ensure its availability and accuracy, and the collection was required to investigate a breach of an agreement or contravention of a federal or provincial law (the Privacy Commissioner of Canada must be notified)

This would indicate that in each circumstance, legally, the companies will now be able to circumvent privacy procedures and hand out private information to companies who merely claim to be impacted by an individuals activity, and they do
not have to prove this.

For example, I can claim that I am a business, and that IP address 24.x.x.x has downloaded a copy of my movie. I can request the name and address of said person. I do not have to be a legal entity to do so, nor does my claim have to be valid. If a third party were to make numerous claims, the amount of potential identity theft and spamming will increase exponentially.

There are technology conerns present here as well. For example, I have a router at home and neighbors could piggyback onto my router's wireless connection and download copyrighted materials. My IP address would be used as such, and I would need to prove myself innocent in this case.

ACTA proposes to immediately provide right holders with private information without due legal process. This is a large violation of Canadian law.

( Proposed draft, page 4 )

ACTA also suggests that it would be illegal for me to protect my online privacy ( and therefore violate my rights ) if I were to use 3rd party software to mask my IP address ( from receiving cookies, tracking my data, habits ( which happen often without the average consumer being aware of it ) ). This would seem to present a law that wishes to implement a system of Orwellian regulations. Will Canada become the hand of Big Brother, watching its constituents and immediately acting on those who wish to use existing legal technologies to prevent large corporations and identity thieves from tracking their online activities? The ACTA law seems counterproductive to a flourishing online economy.


I could continue to discuss the implications such as ' border searches for FREE MARKET devices that the economy has purchased for the exact purposes that the ACTA laws stress are illegal '. If the FREE MARKET economy is providing devices that people can purchase, yet cannot use under ACTA, there will be innumerable sales losses on such items ( tax dollars created ).


I'm also extremely concerned about the obvious conflict of interest that will exist as the Copyright Board of Canada is proposing tariff's on media / memory sales in Canada, but if ACTA is enabled, would it be legal for the Canadian Copyright Board to continue to gather the private copying levy and distrubuting money to registered musicians in Canada? Will similar money be provided now to all musicians? Seems like punishment for being a purchaser of recordable media. See SOCAN for more info.




On to the second portion of my concern, who is to benefit from this :

The RIAA and MPAA are making campaign contributions to the members of the United States senate who are suggesting the ACTA law and proposing that Canada be subject to their laws.

http://www.fonz.net/blog/archives/2007/06/02/mpaa-contributions-to-congressional-candidates-in-2006-elections/


Granted that ACTA would impose draconian laws which will show increased government tax revenue, there would also be a civil concern that the elected officials are not representing Canadian Interests in adopting this law, resulting in a dramatic shift in goverment who is currently.

The Senators who successfully pass the act in the United States will undoubtedly receive additional grants from the RIAA and MPAA.

Thirdly and finally,

The companies utilizing the p2p technologies to transfer legitimate copies of their materials, data, software will suffer and a new method of competition will be stamped out, citing anti-competitive measures.

Individual artists represented by the RIAA have not seen any of the money recovered by the RIAA.

http://gizmodo.com/gadgets/home-entertainment/putting-our-money-where-our-mouths-are-boycott-the-riaa-in-march-239281.php

The Canadian Government has nothing to gain, as they will foot the bill for the draconian laws to be implemented, drafted, and policed.

The companies who are manufacturing cel phones, diaries, watches, mp3 players / ipods, software, embracing new techologies will see their profits cease and jobs will be lost.

I strongly suggest that the privacy commissioner be involved in educating Canadian politicians on the impacts and suggested violations to Canadian rights before this comes to a vote. A copy of the draft MUST be provided to her.

She can be contacted at :

112 Kent Street
Place de Ville
Tower B, 3rd Floor
Ottawa, Ontario
K1A 1H3


For any public meeting regarding ACTA, please ensure the presence of the Canadian Privacy Commissioner so she can advise the lawmakers of what will be violating Canadian rights.

Hoping for a bright, non-Orwellian Canada where I am free to protect my privacy from profit hungry Corporations!