Not Just Bell: Shaw Calls on CRTC To Support Website Blocking

Dec 06 16:12 2017 Print This Article

As Bell develops plans to apply to the CRTC to create a website blocking agency, it is also working to create a coalition of supportive companies. The initial Canadaland report noted that the coalition could include Rogers, Cineplex, and Cinema Guzzo. Rogers has since indicated that it is still considering whether to join the coalition. As I note in my post today on the submissions to the CRTC’s consultation on broadcasting, Shaw is now also making the case for website blocking, devoting several pages to supporting it. Unlike Bell, however, it does not reference a specific agency mandated to support blocking, focusing instead on court-ordered blocking.

The Shaw submission seeks to equate access to grey market satellite services with unauthorized streaming services. It acknowledges that Canadian copyright law already addresses Internet piracy and that court orders can be obtained to shut down services that violate the law. It argues, however, that even with a court order, the CRTC must still approve website blocking. Unlike Bell, which envisions a website blocking system without court review, Shaw is focused on granting approvals for blocking with court oversight:Shaw submits that the CRTC should consider using its authority under section 36 to approve court orders for ISPs to block access to online services infringing Canadian copyright law. While the Telecommunications Act’s objectives articulated in section 7 do not refer directly to the promotion or protection of a Canadian rights market, there is a clear case that blocking access to illegal streaming services responds to the “economic and social requirements of user of telecommunication services”, in furtherance of paragraph 7(e).

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About Article Author

Michael Geist

Dr. Michael Geist is a law professor at the University of Ottawa where he holds the Canada Research Chair in Internet and E-commerce Law. He has obtained a Bachelor of Laws (LL.B.) degree from Osgoode Hall Law School in Toronto, Master of Laws (LL.M.) degrees from Cambridge University in the UK and Columbia Law School in New York, and a Doctorate in Law (J.S.D.) from Columbia Law School. Dr. Geist is a syndicated columnist on technology law issues with his regular column appearing in the Toronto Star, the Hill Times, and the Tyee. Dr. Geist is the editor of several copyright books including The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (2013, University of Ottawa Press), From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda (2010, Irwin Law) and In the Public Interest: The Future of Canadian Copyright Law (2005, Irwin Law), the editor of several monthly technology law publications, and the author of a popular blog on Internet and intellectual property law issues. He has received numerous awards for his work including the Kroeger Award for Policy Leadership and the Public Knowledge IP3 Award in 2010, the Les Fowlie Award for Intellectual Freedom from the Ontario Library Association in 2009, the Electronic Frontier Foundation’s Pioneer Award in 2008, Canarie’s IWAY Public Leadership Award for his contribution to the development of the Internet in Canada and he was named one of Ca

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