How the trade war with the U.S. could fix Canada’s internet
Canada’s Internet Laws and the Impact of Trade Pressure
Canada’s internet laws have been heavily influenced by trade pressure from the United States, particularly surrounding internet and copyright legislation. The roots of Canada’s internet policy can be traced back to two treaties from the UN’s World Intellectual Property Organization in 1996, which aimed to protect copyrights online. However, while Canada signed these treaties, it did not ratify them until over a decade later.
In contrast, the United States swiftly ratified its version of copyright laws in 1999 with the Digital Millennium Copyright Act (DMCA). This act heavily favored copyright holders, with limited protections for users. The U.S. sought to impose its standards on other countries, including Canada, through trade agreements and bilateral pressure.
In 2007, the Conservative government under Stephen Harper introduced a bill that mirrored the U.S. DMCA, sparking controversy and opposition from legal experts like Michael Geist. The bill allowed for digital locks on software, which restricted users from accessing and modifying copyrighted content. This move raised concerns about limiting user rights and stifling innovation.
Digital locks, such as those implemented by Apple to control access to third-party apps on iPhones, have faced criticism for restricting user freedom and hindering competition. The U.S. pressured Canada to include digital locks in its legislation, threatening trade consequences if they were omitted.
The resulting Bill C-11, which included digital locks, had a significant impact on Canadian innovators and consumers. Accessibility software developers and data access tools creators faced legal challenges and limitations due to the restrictive nature of the law. Canadian consumers were left with few alternatives and limited choices in the digital marketplace.
With the current trade relationship between Canada and the U.S. facing uncertainty under President Trump’s administration, there is an opportunity for Canada to reevaluate its digital copyright laws. Cory Doctorow, a tech journalist and activist, believes that Canada should align its laws with global standards while avoiding the restrictive measures seen in the U.S.
Doctorow suggests that Canada could revise its laws to only prohibit breaking digital locks if copyright infringement occurs, allowing for greater flexibility and innovation. The recent actions taken by the European Union, such as fining Apple for limiting third-party app stores on its devices, serve as a model for promoting competition and consumer choice in digital markets.
By embracing a more open and user-friendly approach to internet regulation, Canada can empower innovators and consumers to enhance the digital landscape. By loosening restrictions and fostering a competitive environment, Canada can transform the internet from a closed ecosystem to a vibrant public space for creativity and exploration.
