WikiLeaks reveils US lobby for stronger IP enforcement in Canada

"Embassy Ottawa remains frustrated by the Government of Canada's continuing failure to introduce—let alone pass—major copyright reform legislation that would, inter alia, implement and ratify the World Intellectual Property Organization (WIPO) Internet treaties." That's the opening line of a United States embassy message sent to Washington, DC in February of 2008, now published by Wikileaks.

To put the Canadians under some moral pressure, Canada was added to the Special 301 Priority Watch List in 2008. Special 301 is the US Trade Representative's "hall of shame" roster for countries that fall short of US standards for copyright protection. Canada has repeatedly appeared on its priority list due to its allegedly "weak" implementation of intellectual property rights and border enforcement.

Although Canada has introduced a new copyright law in June of 2010, the US pressures Canada not just via its Special 301 system, but on a regular basis through diplomatic contacts. Among other things, the Americans actively lobbied Prime Minister Steven Harper for a prohibition against the manufacture and trafficking of circumvention devices and a 'notice and takedown' model with respect to Internet Service Provider (ISP) liability. The lobby went so far as to outline an Intellectual Property Action Plan for Canada in 2005. "We have also solicited names of Canadian officials who would be interested in attending USPTO enforcement training," an embassy cable discloses. "We will submit Embassy and Consulates' nominees in the next two weeks."

When from December 2007 to mid-February 2008, political processes were delaying the copyright bill's introduction into Parliament, US contacts downplayed the small—but increasingly vocal—public opposition to copyright reform in Canada. The Canadian government was well aware of American pressure and at some point started to reject their interferings. Industry Minister Prentice said the copyright bill had become a 'political' issue, and indicated that elevating Canada to the Special 301 Priority Watch List would not be received well and would make the issue more difficult to pass the parliament.

Read more on the US diplomatic modus operandi regarding copyright reform in Canada on WikiLeaks here, here and here.

Sources: WikiLeaks, ArsTechnica, Michael Geist