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The long computer registry and IT control

When meeting with some members ofparliament I have useda gun control analogy to explain digital locks applied tocommunications technology. A minor form of gun control isbeing hotly debated in parliament and the media in the context of aprivatemembers Bill C-391, which has “repeal of long-gunregistry” in its title. A highly controversial form ofthird-party control over communications technology is part ofcopyright Bill C-32,even though this key aspect of the bill is not yet adequatelyunderstood.

I felt it might be aninteresting thought experiment to compare and contrast these twoproposals and the political debate surrounding them. In my case thisthinking was useful for me to better understand the opponents of theCanadianfirearms registry, and thus it may be helpful in allowingothers to better understand opponents to legal protection fortechnological measures.

Here is how the analogy goes: Imagine a form of gun control where all guns are locked. Legalprotection is granted to these locks such that it is illegal for theowner to unlock without permission, including for uses of the gunthat would otherwise be lawful. In order to use a gun, its ownermust call up an animal rights activist to get permission.

This is the essence of legalprotection for technological measures applied to devices. Thecommunications technology is locked by the manufacturer. Legalprotection is proposed to be granted in Bill C-32 to these locks suchthat it is illegal for the owner to unlock the communicationstechnology without permission, including for uses of the technologythat would otherwise be lawful under existing Canadian copyright lawas well as the traditional definitions of copyright. The permitteduses of the communications technology are restricted to thosenegotiated between the hardware manufacturers and the incumbentcontent industry, with the incumbent content industry being the leastlikely to grant permission. This is a set of companies successfulprior to the invention of this new technology, and that wish thatthis new communications technology never existed in the first place.

The following are, in pointform, some comparisons in how these two different restrictions oftechnology are understood and being debated. To save space I willuse the acronym TPMs (technological protection measures) to describetechnologies used to grant someone other than the owner control overcommunications technology. It is easier than writing communicationstechnology control, digital rights/restrictions management (DRM), orthe whole slew of other related terms to describe these ab(uses) oftechnology.

Please add in the commentsother ways in which these two policies and the debates around themare similar or different.


Russell McOrmond is a self employed consultant,policy coordinator for CLUE:Canada's Association for Free/Libre and Open Source Software,co-coordinator for Getting Open Source Logic INto Governments (GOSLING),and host for DigitalCopyright Canada.

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