[d@DCC] C-36 is likely not dead, but even if it is, C-46 is more worrisome

From: "Jason Young" <jyoung _-at-_ lexinformatica.org>
To: <Discuss (at) digital-copyright.ca>
Date: Mon, 17 Nov 2003 22:03:38 -0500
References: <20031117155122.258BF420AF@smeagol.ncf.ca>

A lot of bad bills died on the operating table, but unfortunately I don't
think this is the end of the story. First, Martin was not in favour of
prorogation; second, he voted for most (if not all) of these bills. I'm not
convinced they won't rise from the dead in the next session, simply because
it's a "new" government. And while I'm on the topic, I think the worse bill
by a longshot is Bill C-46, which has received zero press. In one sentence,
Bill C-46 adopts the general production orders described in the Lawful
Access proposal and the Council of Europe Convention on Cyber-crime, but is
not limited to computer offences. This is a very dangerous power for all
kinds of reasons, which I go into here
http://www.innovationlaw.org/lawforum/pages/young.doc.

Let me write this in if/than statements so you don't have to read 50 pages
of legal arguments to get the drift.

If our actions are instantiated by technology
Than records will be created
If technological developments increase the breadth and depth of data in
records
Than records will become more useful in describing aspects of our lives
(accuracy is not relevant here)
If police are allowed access to records under a lower legal standard
More records will be accessed by police
If more records that are perceived as being useful in describing aspects of
our lives are accessed by police
Than we will find ourselves living in a "police state"

Obviously, this is a simplification. If you prefer subtlety, read the paper,
but in any event, keep an eye on Bill C-46. It's coming and it's nasty.

Jason

P.S. The version of the paper up at CILP (above) is stripped of
attributions. The final version acknowledges the help of several DCC members
who so kindly reviewed it or otherwise provided criticism this past year,
including Alan DeKok, Matt Skala and Russell McOrmond. Thanks guys.

----- Original Message ----- 
From: "Wallace J.McLean" <ag737@freenet.carleton.ca>
To: <Discuss@digital-copyright.ca>
Sent: Monday, November 17, 2003 10:51 AM
Subject: [d@DCC] Globe obituary of Bill C-36; term extension dead.


>
>
> Bill's death opens diaries of Canadian notables
>
> JAMES ADAMS / Globe and Mail:  Saturday, November 15, 2003 12:00 AM  Page
> R16
>
> A controversial bill that would have extended copyright protection of
> unpublished works by deceased authors is probably dead unless Parliament
> is recalled sometime between now and the end of the year, a scenario most
> observers consider highly unlikely.
>
> Full text temporarily available at:
>
>
>
http://www.globeandmail.ca/servlet/ArticleNews/TPStory/LAC/20031115/MONT15//?query=copyright
>
>
>
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