Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Saturday, September 03, 2011

Leaks show U.S. swayed Canada on copyright bill

Secret U.S. government cables show a stunning willingness by senior Canadian officials to appease American demands for a U.S.-style copyright law here.

The documents describe Canadian officials as encouraging American lobbying efforts. They also cite cabinet minister Maxime Bernier raising the possibility of showing U.S. officials a draft bill before tabling it in Parliament.

The cables, from the U.S. Embassy in Ottawa, even have a policy director for then industry minister Tony Clement suggesting it might help U.S. demands for a tough copyright law if Canada were placed among the worst offenders on an international piracy watch list. Days later, the U.S. placed Canada alongside China and Russia on the list.

The documents, released by WikiLeaks, are the backdrop to a 2010 Conservative copyright bill that virtually adopted the U.S. government's rigid enforcement of “digital locks” on DVDs, CDs and e-books.

Digital locks are the technology that, for example, prevent DVDs from being copied and make it impossible to view a disc from India on a North American disc player.

With few exceptions, American law makes it illegal to override digital locks in any way.

Many consumer groups describe the American approach as draconian.

When Canada proposed a similar law on digital locks in 2010, education groups noted that it would have prevented students from copying short segments of electronic books to use in classroom assignments.

The Canadian bill died when the May 2 election was called. A new copyright bill is expected to be introduced when Parliament resumes. Judging by past willingness to bow to U.S. pressure, few will be surprised if it mirrors the 2010 effort.

The U.S. cables describe a December 2006 meeting between Bernier, industry minister at the time, and then U.S. ambassador David Wilkins.

“Bernier also stated that the final copyright legislation ‘would be in line' with US (government) priorities, but was not specific,” says the U.S. Embassy cable.

“Bernier promised to keep the Ambassador informed on the copyright bill's progress, and indicated that US (government) officials might see the legislation after it is approved by Cabinet, but before it is introduced in Parliament,” the cable adds.

Bernier also “encouraged the Ambassador to speak publicly about the importance of (intellectual property rights) to the United States, saying such efforts would improve the chances of Cabinet and Parliament approving a good copyright bill,” the cable says.

Bernier never had a chance to leak the bill; he was shuffled to the foreign affairs portfolio before it was tabled. But other officials did provide the U.S. with confidential information.

A 2007 cable reveals that Ailish Johnson, working in the Privy Council Office, told U.S. officials that Prime Minister Stephen Harper's “mandate letters” to new industry minister Jim Prentice and new Canadian heritage minister Josée Verner charged both with introducing a copyright reform bill before the end of the year. The content of ministerial mandate letters is not public information.

A U.S. Embassy cable written in April 2009 describes a meeting between Zoe Addington, director of policy for then industry minister Clement, and U.S. officials.

“In contrast to the messages from other Canadian officials, she said that if Canada is elevated to the Special 301 Priority Watch List (PWL), it would not hamper — and might even help — the (government of Canada's) ability to enact copyright legislation,” the cable says.

Days later, Canada was elevated on the piracy watch list.

Several WikiLeaks cables released earlier this year chronicle the sustained U.S. lobbying effort on copyright.

In a June 2005 cable, the U.S. talks about the “need to engage the legislative branch as well as relevant departments.” It also proposes creating a bilateral working group and offers to conduct training sessions for Canadian officials.

A June 2006 cable discusses meetings with Bernier and then heritage minister Bev Oda. A March 2007 cable reports on repeated meetings and attempts to elevate the issue as a top priority.

The cables hint that the U.S. appears to be aware of legislative initiatives before almost anyone else.

Another previously unreleased confidential 2009 cable discusses Canadian plans for an intellectual property enforcement bill separate from the copyright reform bill.

The cable states that “the government has completed legislation to enhance Canada's IPR (intellectual property rights) enforcement measures. However, the government has no plans to introduce the bill in Parliament any time soon because no funding was linked to the legislation in the last budget.”

The source of that cable is unknown.

A confidential 2007 cable reveals Andris Zarins, the RCMP's former national coordinator for intellectual property crime, told U.S. Embassy officials that the government was drafting legislation to grant customs officers new seizure powers for counterfeit products, and that it planned to create a national coordination office on intellectual property crime.

The government has never confirmed or discussed the existence of such a bill.

Origin
Source: Toronto Star 

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