CIPPIC and CIRA Warn Federal Court of Pirate Site Blocking Dangers

The .CA domain registry and CIPPIC have filed their intervention in the Canadian pirate site blocking appeal. The groups argue that the blocking injunction sidelines the telecoms regulator and disrupts the balance struck by the Copyright Act. In addition, they believe that user rights, including freedom of expression, should be carefully considered.

From: TF, for the latest news on copyright battles, piracy and more.

canada flagLast year Canada’s Federal Court approved the first pirate site blocking order in the country.

Following a complaint from major media companies Rogers, Bell and TVA, the Court ordered several major ISPs to block access to the domains and IP-addresses of pirate IPTV service GoldTV.

There was little opposition from Internet providers, except for TekSavvy, which quickly announced that it would appeal the ruling. The blocking injunction threatens the open Internet to advance the interests of a few powerful media conglomerates, the company said.

Soon after, the landmark case also drew the interest of several third parties. This included copyright holder groups, which argued in favor of site blocking, but also the Canadian domain registry (CIRA) and the University of Ottowa’s legal clinic CIPPIC, which both oppose the blocking order.

CIPPIC and CIRA Intervene

Two months ago, the Federal Court allowed these parties to officially intervene but ruled that several of them must pair up to file joint pleadings. This was also the case for CIPPIC and CIRA, which submitted their intervention memorandum this week.

The groups argue that the process through which the blocking order was established in Canada was not correct. CIPPIC, for example, says that it disrupts the carefully constructed enforcement regime of Canada’s Copyright Act, by tipping the scale in favor of copyright holders.

The Copyright Act specifically allows for enforcement actions against search engines and hosting providers, which can be required to remove infringing content. However, the law doesn’t expand these removal requirements to ISPs.

“The absence of any power to control ISP-based dissemination of infringing subject matter at all is, within the scheme of the Act, a users’ right to ISP-based dissemination,” the groups write in their intervention.

The blocking injunction changes this, as it potentially restricts the free flow of information by requiring ISPs to block content.

Telco Regulator Should Have its Say

For its part, CIRA highlights that Canada’s Telecommunications law was disregarded by the court. The domain registry notes that blocking orders are indeed a copyright matter. However, it adds that the far-reaching blocking requirement does require approval from the CRTC, Canada’s telecoms regulator.

The Telecommunications Act states that an Internet provider can’t “control or influence” without the CRTC’s approval, which seems to directly apply in this case.

“Yet the decision appealed suggests that telecommunications law does not constrain the courts’ jurisdiction or discretion to order blocking without CRTC approval nor allow the CRTC to ‘interfere’ with such an order,” the intervention reads.

The intervention further suggests that this case may warrant further scrutiny from the CRTC because the copyright holders (Bell and Rogers) and some of the ISP defendants are owned by the same companies.

Foreign Blocking Schemes are Not Without Restrictions

On top of the Copyright Act and Telecommunications Act concerns, CIPPIC and CIRA stress that pirate site blocking in other countries isn’t without controversy and restrictions. They are part of detailed statutory schemes, which Canada lacks.

In the US, for example, blocking injunctions are an option, but highly restricted. Lawmakers tried to change this several years ago with the SOPA and PIPA bills, but both failed.

“As such, ISP-based blocking in the US is contemplated only under an explicit, narrow provision with limited scope. Because American courts have not generally endorsed blocking orders, copyright owners in the United States are asking legislators for statutory reform,” the intervention reads.

In Australia, the law was updated to specifically allow for blocking injunctions but these measures come with restrictions too. For example, they can only be issued against foreign sites.

Many of these issues have not been considered in Canada. According to the intervening parties, this is not right. Aside from the question of whether this type of enforcement is warranted, more consideration should have been given to the rights of the public, whose freedom of expression is at stake.

“[L]aws protecting freedom of expression and regulating common carriage warrant more than a few comingled sentences. Policymakers, legislators, and judges around the world have carefully considered each issue under the laws of their particular jurisdiction. The same level of scrutiny should apply in Canada,” CIPPIC and CIRA conclude.

A copy of the Memorandum submitted at the Federal Court of CIPPIC and CIRA is available here (pdf).

From: TF, for the latest news on copyright battles, piracy and more.

FCC lowers some prison phone rates after blaming states for high prices

FCC tentatively approves 14¢-per-minute limit but only for interstate calls.

A telephone inside a prison hallway.

Enlarge (credit: Jason Farrar)

The Federal Communications Commission today voted unanimously to lower the prices inmates pay for phone calls from prisons and jails, but the organization reiterated its position that state governments must take action to lower prices on the majority of inmate calls.

Today's action is a proposal to "substantially reduce [the FCC's] interstate rate caps—currently $0.21 per minute for debit and prepaid calls and $0.25 per minute for collect calls—to $0.14 per minute for debit, prepaid, and collect calls from prisons, and $0.16 per minute for debit, prepaid, and collect calls from jails." This is part of a Notice of Proposed Rulemaking, which means the commission will take public comment before finalizing the new caps and could change the plan before making it final.

Since the proposed rate cap limits prices on interstate calls only, it won't affect the approximately 80 percent of prison calls that don't cross state lines. Last month, FCC Chairman Ajit Pai urged state governments to cap intrastate calling prices, saying the FCC lacks authority to do so. Pai said that "33 states allow rates that are at least double the current federal cap, and 27 states allow excessive 'first-minute' charges up to 26 times that of the first minute of an interstate call."

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Catch up with Final Fantasy VII Remake for a new low of $40 today

Dealmaster also has deals on Thunderbolt 3 docks, MacBook Pro, and more.

Catch up with Final Fantasy VII Remake for a new low of $40 today

Enlarge (credit: Ars Technica)

Today's Dealmaster is headlined by a new low price on Final Fantasy VII Remake, with the PlayStation 4 exclusive currently available for $40 at various retailers. The discount covers both physical and digital copies. For reference, we've typically seen the game retail between $50 and $60 online since it launched this past April.

As for the game itself, "remake" is the key word here. Final Fantasy VII Remake isn't just the original PlayStation classic in high definition: it's the first installment in a planned series of action-RPGs, one that takes the first few hours of the original and stretches them out into a full-length 35-hour melodrama.

On paper, that whole sentence sounds like a nightmare. But Remake manages to make it work through a thrilling combat system that fuses real-time action and menu-based commands, as well as a surprisingly subversive story that interrogates the game's past and its fanbase's expectations. It certainly has problems—some of them small, others impossible to truly look past—but if you're in the mood for a modernized JRPG, Remake is worth a look during these slower summer months.

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Trump campaign’s false COVID-19 claims taken down by Facebook and Twitter

The takedown is a first for Facebook, which usually stays away from Trump posts.

Trump campaign’s false COVID-19 claims taken down by Facebook and Twitter

Enlarge (credit: Aurich Lawson / Getty Images)

For the first time, both Facebook and Twitter acted to remove content shared by the campaign to re-elect President Donald Trump from their platforms, citing policies against spreading false claims about COVID-19.

Both the @TeamTrump campaign Twitter account and the official Donald Trump Facebook account shared a video late yesterday in which Trump claimed children are immune from the novel coronavirus. The video was a clip from an interview in which the president spoke by phone with Fox & Friends hosts about schools reopening this fall. "My view is that schools should be open," Trump said. "If you look at children, children are almost—and I would almost say definitely—but almost immune from this disease. So few, they’ve got stronger, hard to believe, I don’t know how you feel about it, but they have much stronger immune systems than we do somehow for this. They don’t have a problem. They just don’t have a problem. They are virtually immune from this problem."

Children are in fact people and are just as susceptible as the rest of us to breathing in and sneezing out germs. (Possibly more so, if you ask any parent of a toddler.) Kids do, on average, tend to have much less severe cases of COVID-19 than adults when they catch it, but repeated outbreaks in camps and schools since June have made it abundantly clear that children can both catch and transmit the virus.

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ASRock’s new DeskMini PCs support AMD Renoir or Intel Comet Lake chips

PC and motherboard maker ASRock is updating its DeskMini line of small desktop computers with new models designed for the latest Intel and AMD chips. The ASRock DeskMini H470 supports up to a 65 watt 10th-gen Intel Comet Lake-S processor, while the ne…

PC and motherboard maker ASRock is updating its DeskMini line of small desktop computers with new models designed for the latest Intel and AMD chips. The ASRock DeskMini H470 supports up to a 65 watt 10th-gen Intel Comet Lake-S processor, while the new ASRock DeskMini X300 can handle up to a 65-watt AMD 4000 series “Renoir” processor. […]

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Google kills the Pixel 4, making it the shortest-lived Pixel ever

The troubled Pixel 4 lasted nine-and-a-half months on the market.

The Pixel 4 is dead. That's the official confirmation that Google sent to The Verge after people noticed that the Google Store listed the phone as "out of stock." The Pixel 4 started shipping October 24, 2019, so it was available for only nine-and-a-half months.

The Verge writes:

"Google Store has sold through its inventory and completed sales of Pixel 4 [and] 4 XL,” a Google spokesperson confirms to The Verge. “For people who are still interested in buying Pixel 4 [and] 4 XL, the product is available from some partners while supplies last. Just like all Pixel devices, Pixel 4 will continue to get software and security updates for at least three years from when the device first became available on the Google Store in the US.”

The Pixel 4 had the shortest life span of any Pixel phone, only lasting half as long as the other high-end models. The Pixel 1, 2, and 3 were all for sale for around 18 months. The midrange Pixel 3a, had a similarly short lifespan and was discontinued after about 13 months of sales.

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Trump admin shrugs off FCC court loss to fight Calif. net neutrality law

DOJ and ISPs sue Calif. despite court vacating FCC’s bid to preempt state laws.

An Ethernet cable and fiber optic wires.

Enlarge (credit: Getty Images | Rafe Swan)

The Trump administration and broadband industry are resuming their fight against California's net neutrality law, with the US Department of Justice and ISP lobby groups filing new complaints against the state yesterday.

The case is nearly two years old but was put on hold because California in October 2018 agreed to suspend enforcement of its law until after litigation over the Federal Communications Commission's repeal of US net neutrality rules and the FCC's attempt to preempt state net neutrality laws. That lawsuit was decided in October 2019 when the US Court of Appeals for the District of Columbia Circuit upheld the FCC repeal of its own rules but overturned the FCC's attempt to impose a blanket, nationwide preemption of any state net neutrality law.

"At bottom, the Commission lacked the legal authority to categorically abolish all 50 States' statutorily conferred authority to regulate intrastate communications," judges in that case wrote. But that doesn't prevent the Trump administration and ISPs from trying to block state laws on a case-by-case basis.

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Daily Deals (8-06-2020)

GOG is giving away the first PC game in The Witcher series for free until 6:00PM Eastern Time tonight. The Epic Games Store is giving away 3 out of 10and Wilmot’s Warehouse for free for the next week. Amazon is running a Big Summer Sale event. A…

GOG is giving away the first PC game in The Witcher series for free until 6:00PM Eastern Time tonight. The Epic Games Store is giving away 3 out of 10and Wilmot’s Warehouse for free for the next week. Amazon is running a Big Summer Sale event. And BuyDig is selling a 2-pack of Google Nest WiFi routers […]

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