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Decentralized Democracy

Member of Parliament

Wilson Miao

  • Member of Parliament
  • Member of Parliament
  • Liberal
  • Richmond Centre
  • British Columbia
  • Voting Attendance: 67%
  • Expenses Last Quarter: $128,536.04

  • Government Page
Context: House Hansard - 109 - Oct/6/22
Mr. Wilson Miao (Richmond Centre, Lib.)
Madam Speaker, Bill C-294 tackles a public policy challenge of importance to Canadians. I believe that we need to do more to facilitate the interoperability of products. An interoperability-friendly environment means empowering Canadians to adapt the products they own to their needs. For example, it means giving the ability to farmers to install different add-ons to their tractors so that they can do a number of different tasks with the same piece of machinery. It also means giving Canadians the ability to render compatible their old electronic devices with new technological standards to address the accumulation of electronic waste on our planet. Many of the current obstacles to interoperability have arisen as a result of new market dynamics created by digital technologies and the increase of embedded software in products such as smart phones, televisions and vehicles. Removing these obstacles will require a variety of measures in both federal and provincial areas of responsibility. At the federal level, there is one particular marketplace framework that comes into play when discussing interoperability, and that is the Copyright Act, which is the subject of amendments proposed in Bill C-294. The Copyright Act, as it currently reads, represents an obstacle to the ability of Canadians to extend the life cycles of their software-enabled products protected by digital locks. The Copyright Act prohibits Canadians to circumvent digital locks protecting copyrighted content like software. An exception to this prohibition already allows the circumvention of digital locks for the purpose of interoperability, but it is limited to the making of two computer programs interoperable. Bill C-294 seeks to expand this exception to allow Canadians to also circumvent digital locks to make their software-enabled products interoperable with other devices or components. This bill will work in conjunction with my private member's bill, Bill C-244, which was just voted on, to allow Canadians an increased autonomy over their purchased goods. Because of the complexity of copyright policies and the issues related to interoperability, it remains that an expanded interoperability exception, such as the one proposed in Bill C-294, should be carefully considered so as to prevent any unintended consequences. Without prejudging the outcome of Bill C-294, I look forward to working with my colleagues to constructively scrutinize this bill. Last year, the government conducted a number of consultations on copyright, one of which discussed the interoperability issue. The government's consultation on a modern copyright framework for artificial intelligence and the Internet of things highlighted some of the challenges for Canadians in rendering their products protected by digital locks interoperable with other products. The comments provided by stakeholders in response to this consultation are publicly available and they will greatly assist in our work. First, some stakeholders pointed to the importance of ensuring that exceptions allowing the circumvention of digital locks respect Canada's treaty obligations. Canada must provide legal protections for digital locks that, notably, respect the terms of the World Intellectual Property Organization's Internet treaties. Canada also needs to comply with the additional requirements to protect digital locks that have been integrated into CUSMA, the Canada-United States-Mexico Agreement, which limits our flexibility to enact new exceptions allowing for the circumvention of digital locks or to expand the existing ones. It will thus be important to ensure that the measures proposed in Bill C-294 and their effects on the Copyright Act comply with Canada's international obligations. Second, I urge us to consider the perspective of a broad range of stakeholders in studying Bill C-294. The diversity of views will enrich the policy debate and lead to a more effective balancing of the various interests at play. The stakeholder submissions received in response to the government's consultations attest to this diversity of views. Particularly, manufacturers have expressed concerns that expanding the scope of exceptions allowing the circumvention of digital locks could introduce personal safety and security risks for consumers. They have also noted potential cybersecurity and privacy risks, especially for products that connect to the Internet. Moreover, copyright holders argue that expanding these exceptions would expose them to piracy of their content and potential economic losses. We need to ensure the amendment sought in Bill C-294 does not negatively impact the ability of manufacturers and copyright holders to market their products and innovate. Despite these considerations that will need further exploration, I want to reiterate the important issue Bill C-294 brings forward to us as it seeks to remove an important barrier to the interoperability of products. I look forward to continued discussions on this important matter.
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