FC: Canada considers licensing Internet service providers

From: Declan McCullagh (declanat_private)
Date: Sun Oct 27 2002 - 07:20:35 PST

  • Next message: Declan McCullagh: "FC: More on Canada licensing Internet service providers"

    See also:
    
    "Will Canada's Internet providers become spies?"
    http://www.politechbot.com/p-03922.html
    
    --
    
    Date: Sun, 27 Oct 2002 10:02:15 -0500
    To: Declan McCullagh <declanat_private>
    From: Jason Young <jyoungat_private>
    Subject: Canada to licence ISPs?
    
    Declan,
    
    A recent private member's bill (Bill C-234) introduced in Parliament calls 
    for licencing of Canadian ISPs as a measure to prevent child porn. The bill 
    has almost no chance of passing, but in the context of other activity in 
    the House - namely the CoE cybercrime amendments - deserves scrutiny.
    
    I've written a brief but accessible legal analysis piece on it, which I 
    excerpt below.
    
    Also relevant:
    Matt Skala's weblog http://ansuz.sooke.bc.ca/lw/?id=2002102601
    Bill C-234 story on Slashdot 
    http://yro.slashdot.org/yro/02/10/23/1739253.shtml?tid=158
    Lawful Access proposals http://www.lexinformatica.org/cybercrime/
    
    Sincerely,
    
    Jason
    
    ---
    
    On October 21st, MP Peter Stoffer (NDP, Sackville-Musquodoboit 
    Valley-Eastern Shore) re-introduced a private member's bill that would 
    require all ISPs to be licenced by the CRTC.
    
    The Internet Child Pornography Prevention Act, first introduced in 1998 by 
    former MP Chris Axworthy,  defines ISPs as "a person who provides a service 
    that facilitates access to the Internet, whether or not the service is 
    provided free or for a charge." It would include non-profits and 
    intermediaries who provide services ancillary to necessary access, such as 
    caching, or those which facilitate access to the substance on the Internet, 
    rather than the infrastructure, such as web hosting.
    
    The definition embraces a potentially much larger number of intermediaries 
    than that recently contemplated by the Federal Court of Appeal. In SOCAN v. 
    CAIP et al., [2002] F.C.A. 166, the court reviewed a Copyright Board 
    decision and found that the role of an Internet intermediary is prima facie 
    passive because they do not have the practical capacity to exercise control 
    over the content of the material that is transmitted.  The court set out a 
    three part test for determining eligibility for limitation of liability - 
    often termed a 'safe harbour' - for ISPs. First, the intermediary's 
    activities must amount to the provision of "the means of 
    telecommunication"; second, these means must be "necessary" for enabling 
    another person to communicate a work to the public; and third, the 
    activities in question must constitute the intermediary's "only act" with 
    respect to the communication. Bill C-234 contains no such safe harbour.
    
    Full story: 
    http://www.lexinformatica.org/modules.php?op=modload&name=News&file=article&sid=37&mode=thread&order=0&thold=0
    -- 
    
    ---
    http://www.lexinformatica.org
    http://www.privaterra.org
    http://www.epic.org
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