Re: [d@DCC] More research on Bill C-2: DVD players interfer with military

From: Russell McOrmond <russell _-at-_ flora.ca>
To: General Discussion <discuss (at) digital-copyright.ca>
Date: Mon, 3 May 2004 10:50:54 -0400 (EDT)

On Sun, 2 May 2004 mskala@ansuz.sooke.bc.ca wrote:

> I fear that some people would hear it as "Yes,
> illegal descramblers really can cause harmful interferance!"

  Bill C-2 is primarily about import permits and raising penalties for 
violations of the Radiocommunications act.  The key section is:

http://www.parl.gc.ca/common/Bills_House_Government.asp?Language=E&Parl=37&Ses=3#C-2

    (4) Except if the person or the radio apparatus or other device is 
    exempt under an order made under section 5.1, no person shall import
    any radio apparatus or other device designed to be used in the
    decoding of an encrypted subscription programming signal or encrypted
    network feed unless they do so in accordance with an import 
    certificate.


  If a device is causing interference, that is an issue under a separate
part of the Radiocommunications act.  The problem is that Industry Canada
is trying to use this unrelated activity (interference) as a justification
for this bill which relates to the granting of monopolies on the importing
of "radio apparatus or other device designed to be used in the decoding of
an encrypted" signal.

  I have a hard time determining how a signal being encrypted or not, or 
the decryption device being authorized or not, has any connection to 
whether the hardware device causes interference.

  The burden of proof seems to be backward where there needs to be proof
that "radio apparatus or other device" is not being used to decode
encrypted signals without authorization (and this doesn't just mean
black-market copyright infringement, but also grey market "Canadian
content" violations), rather than there needing to be proof that it is
being used to violate exclusive rights.  This appears to be a huge wedge
into the door to ban many multipurpose devices.


-- 
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 Open letters with Susan Crean http://www.flora.ca/creators/
 Petition for Users' Rights http://www.digital-copyright.ca/petition/
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