[Fg-general] Bill C-27

[Bill]

Hi folks,

Here's an excerpt from Russell's ML regarding Bill C-27 the 
anti-spam bill. Industry would prefer to have the right to 
spam you and that the legislation favours opt-out provisions 
rather than opt-in consent provisions.

More importantly however are the amendments the Liberals are
proposing to weaken the provisions that will make it illegal
to use DRM surreptitiously or access a users computer without
permission. Sony Root Kits anyone? In a nutshell these proposals
will allow private industry to access personal computers in 
secret, without consent, and without a warrant. We should fight
that.

	b. 

<snip>


  I suspect many people have read either Geist's blog or BoingBoing on
the topic of C-27.


Parliamentary meeting list:
http://www2.parl.gc.ca/CommitteeBusiness/CommitteeMeetings.aspx?Cmte=INDU&Stac=2759201&Language=E&Mode=1&Parl=40&Ses=2

Cory at BoingBoing:
http://www.boingboing.net/2009/10/16/telcos-and-hollywood.html

Michael Geist:

http://www.michaelgeist.ca/content/view/4464/125/
http://www.michaelgeist.ca/content/view/4436/125/


 This is one of those times to write a letter to your MP, and ask others
to do so.  In my case I wrote my MP (David McGuinty) and then
carbon-copied it to the chair and two vice-chairs of Industry Committee.

  There is a postal code form here you can use to find your MP if you
don't know them yet:  http://www.parl.gc.ca/common/index.asp?Language=E
  (Note: I haven't had a chance to verify the digital-copyright.ca
contact database recently.  I'll be getting to that and other
enhancements soon)

Here are the Chairs and vice-chairs:

Hon. Michael Chong, Conservative chair <ChongM at parl.gc.ca>
Robert Bouchard, Bloc vice-chair <BouchR at parl.gc.ca>
Anthony Rota, Liberal vice-chair <RotaA at parl.gc.ca>

Check the membership of the Committee as your MP may also be a member:
http://www2.parl.gc.ca/CommitteeBusiness/CommitteeMembership.aspx?Cmte=INDU&Language=E&Mode=1&Parl=40&Ses=2


Current Members (in addition to the chair and vide chairs above):
Gordon Brown
Siobhan Coady
Marc Garneau
Mike Lake
Brian Scott Masse
Dave Van Kesteren
Robert Vincent
Mike Wallace
Chris Warkentin


  It is always best is if you write your own letter, but if you don't
have time there is a wiki of a sample letter.
http://etherpad.com/nj9BkNgZ7N

  Regardless of what you write, include your contact information at the
end including your postal code given your MP will look that up.


The following is what I wrote:

Subject: Liberal and Bloc MPs being associated with lobbying against the
public interest?


Dear Mr McGuinty (My MP in Ottawa South)
  Copies to Hon. Michael Chong, chair of Industry Committee
            Anthony Rota, Liberal vice-chair
            Robert Bouchard, Bloc vice-chair


  I keep reading article after article where Liberal and Bloc MPs are
acting as conduits for lobbiests who are blatantly attacking the public
interest.

The issue that convinced me to write is the following:

The Copyright Lobby's Secret Pressure On the Anti-Spam Bill
http://www.michaelgeist.ca/content/view/4464/125/

  This is in addition to what was already being reported last week.
http://www.digital-copyright.ca/node/5071

  Please forward this concern to the other MPs involved.  I would like
to hear their justification for this attack on citizens privacy and
other rights.

>From Geist's most recent article:

"The DRM concern arises from a requirement in the bill to obtain consent
before installing software programs on users' computers. This
anti-spyware provision applies broadly, setting an appropriate standard
of protection for computer users.  Yet the copyright lobby fears it
could inhibit installation of DRM-type software without full knowledge
and consent. Sources say that the Liberals have introduced a motion that
would take these practices outside of the bill.  In its place, they
would define computer program as, among other things, "a program that
has as its primary function...inducing a user to install software by
intentionally misrepresenting that installing that software is necessary
to safeguard security or privacy or to open or play content of a
computer program." This sets such a high bar - primary function,
intentional mispresentation - that music and software industry can
plausibly argue that surreptitious DRM installations fall outside of
C-27. "

  This is disgusting that some MPs on the committee seem to want to
attack basic property rights.  It should be against the law for anyone
to install software on my computer without both my knowledge and
consent.  While there may be exceptions for law enforcement with a court
order, no other exception is justified.  Clear judicial oversight should
be required for installation of software without both the knowledge and
consent of the owner given this is a far more serious situation than a
wiretap.

  Here is a talk I've given a few times titled: Protecting property
rights in a digital world   http://flora.ca/own

  If the thinking is that this should be in some other law rather than
an anti-spam law, then table and pass a bill to create that law which
can also amend this one to remove any redundancy.  It is simply wrong to
allow this type of harmful activity to continue without clear and
strongly enforced laws against it.

  I will be watching this bill closely, including catching up on
transcripts from the committee given this issue will be affecting my
vote (and my activism during the next election)