Government of Canada Public consultations on the renegotiation of the North American Free Trade Agreement (NAFTA) with the United States and Mexico Comments of OpenMedia Engagement Network (“OpenMedia”) 18 July 2017 OpenMedia is a community-based organization that works to keep the Internet open, affordable, and surveillance-free. www.openmedia.org OpenMedia Engagement Network P.O. Box 21674, 1424 Commercial Dr. Vancouver, BC, Canada V5L 5G3 // 604-633-2744 Cynthia Khoo, External Counsel
[email protected] Government of Canada NAFTA Consultations Comments of OpenMedia 18 July 2017 Page 1 TABLE OF CONTENTS Introduction: Our Digital Rights Are Not for Sale (or Trade) 2 I. NAFTA Renegotiation Process Must Be Open, Transparent, and Inclusive 3 A. Let’s Talk TPP Citizens’ Report: Rebuilding Public Trust in Trade Processes 4 B. Ensure the NAFTA Renegotiation Process Is Open and Transparent 5 C. Engage in Meaningful and Inclusive Consultation with Civil Society and Public Interest Groups 9 II. Copyright Law Must Stay “Made in Canada”: Protect Free Expression and Affirm the Public Domain 11 A. Ensure Copyright is a Catalyst For Free Expression in a Digital World 11 B. Government of Canada Must Resist Industry Lobbying 14 C. “Made-in-Canada” Copyright Law Should Stay Canadian 15 D. Ensure NAFTA Renegotiations Do Not Pre-empt Full Review oF Canadian Copyright Act 16 E. Stand Strong on Notice-and-Notice 17 F. Maintain Current Copyright Terms: Term Extensions Will Harm Canadian Interests 19 G. Reject All Attempts to Increase Criminalization or Digital Rights Management in Copyright Law 20 H. Fight For Fair Dealing, Uphold Users’ Rights, and Champion the Public Domain 22 III.