Companies behind site-blocking order want interventions limited

In an ongoing appeal of Canada's first-ever site-blocking order, BCE Inc., Rogers Communications Inc., and Quebecor Inc. are asking a judge to either throw out or limit the scope of submissions from a collection of organizations seeking to intervene in the proceeding. In a motion filed with the Federal Court of Appeal on May 20, lawyers representing the three companies have asked the court to reject or limit motions for leave to intervene from the Canadian Internet Registration Authority (CIRA), the Canadian Internet Policy and Public Interest Clinic (CIPPIC) at the University of Ottawa, and the British Columbia Civil Liberties Association (BCCLA). The motion from CIPPIC, lawyers for the companies argue, should be rejected altogether, while the submissions from CIRA and the BCCLA should be limited. The arguments CIPPIC makes, the companies argue, are too similar to the arguments made by the original appellant in the case, TekSavvy Solutions Inc. Namely, the companies hold that CIPPIC's argument that site blocking is not available under the Copyright Act is already made in TekSavvy's original appeal. "Because CIPPIC’s proposed arguments would not be sufficiently useful or different from those of the parties already before the Court," the companies write, “and because the Appellant is clearly equipped to adequately represent its interests and those of its Internet subscribers, CIPPIC’s motion for leave to intervene ought to be dismissed in its entirety." The companies go on to argue that CIRA's proposed contention that site blocking is not consistent with the aim of Section 36 of the Telecommunications Act -- which CIRA maintains mandates that any site blocking must be authorized by the CRTC -- is outside the realm of the original appeal. "The issue before the Court does not pertain to – nor need the Court decide – what alleged alternative enforcement mechanisms are available under section 36 or would otherwise be 'more consistent' with the Telecommunications Act," the companies say, arguing that the only issue is whether or not Section 36 of the Telecommunications Act precludes site blocking. "CIRA’s proposed submissions on these points improperly expand the issues on appeal and are irrelevant to the proceeding." The companies conclude that the only part of CIRA's intervention that should be allowed is "its perspective on how site-blocking Orders have been approached internationally." In March, Bell, Quebecor and Rogers submitted a draft order adding new domains to be blocked. A consortium of rights holders, including the top tier of English soccer -- the Premier League -- this month sought leave to intervene in the appeal, arguing the order brought Canada into an emerging global consensus on the protection of copyright online. Likewise, the companies say that the BCCLA's proposed contribution on the "civil liberties" perspective on site blocking should be clearly defined by the court, to prevent the BCCLA from "unnecessarily duplicating the submissions of other parties." CIRA, for its part, contends in a reply to the court that its interventions on Section 36 of the Telecommunications Act are supported by evidentiary record. The proposed intervention, CIRA writes, is "limited to helping the Court assess, in general, the (dis)advantages and (in)consistency with the Telecommunications Act of enforcement options, including via Internet access providers and domain name registration authorities." "CIRA’s original motion record pinpoints where the evidentiary record supports these proposed submissions,” the intervention states — With reporting by Michael Lee-Murphy at mleemurphy@thewirereport.ca and editing by Adam Langenberg at alangenberg@thewirereport.ca

Companies behind site-blocking order want interventions limited

News | May 22, 2020

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Companies behind site-blocking order want interventions limited

News | May 22, 2020

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