Why Would The Copyright Lobby Be Concerned About An Anti-Spam Bill?
from the because-it-may-hurt-their-rootkits dept
So, the copyright lobby has been making sure to water down the bill, to try to cut out the language that would cover their use of surreptitious spyware/DRM:
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.And, of course, once the copyright lobby can put spyware on your machine, they want to be sure they can spy on you and use that information against you:
PIPEDA currently features a series of exceptions to the standard requirements for obtaining consent for the collection of personal information (found in Section 7). Bill C-27 includes a provision that bars those exceptions in cases involving computer harvesting of email addresses and the "collection of personal information through any means of telecommunication, if the collection is made by accessing a computer system or causing a computer system to be accessed without authorization." In other words, email harvesting and spyware would not be permitted and would not qualify for the PIPEDA exceptions found in Section 7.It's really stunning what kind of sense of entitlement the entertainment industry has -- insisting that it should have the right to install spyware on your computer without you knowing about it, and to then collect all sorts of private info about you and what you do on your computer. Shameful.
The copyright lobby is deeply concerned that this change will block attempts to track possible infringement through electronic means. The Section 7(1)(b) exception in PIPEDA currently states that collecting personal information without consent or knowledge of the individual is permitted if it is reasonable to expect that the collection "would compromise the availability or accuracy of the information" and the collection is "related to investigating a breach of an agreement or a contravention of the laws of Canada."