Mr. Speaker, I am pleased to rise in my place for the second reading of Bill C-11, , the copyright modernization act, which would harmonize copyright law with current international standards and update marketplace framework laws to address new and emerging technological environments.
We need a common sense, balanced approach to copyright, one that is technologically neutral so that, as innovation continues to evolve, the Copyright Act would no longer be constrained by the way in which we respond to today's technological choices. The measure we introduce today in the bill must remain relevant to the technologies not only of today but the technologies of tomorrow.
The Copyright Act was changed in 1988 and then again in 1997. Many of the technologies we enjoy today were not invented by then and many of the students who I used to teach, who enjoy these devices today, were not even born the last time the Copyright Act was changed. The current act does not respond to the opportunities and challenges provided by Web 2.0 and social media. It does not answer the needs of the multi-billion dollar industries of today that were in their infancy the last time Parliament amended the Copyright Act. For these reasons, we need to modernize Canada's copyright laws and bring them in line with the demands of the digital age.
The Internet presents specific challenges to intellectual property. Each country approaches copyright and the Internet in a different way. As other countries have proceeded with copyright reform to bring their laws into line with the World Intellectual Property Organization's Internet treaties, we can see how important the rights and protections provided by these treaties can be.
In addressing copyright and the Internet, Canada has sought a real balance between the legitimate interests of the consumer and the creator while protecting the interests of the search engines and the Internet service providers. Bill C-11 would implement a notice and notice regime, which is a Canadian approach, supported by Canadian stakeholders, including the Internet service providers.
Under this bill, when an Internet service provider has received a notice from a copyright owner that a subscriber has been infringing upon copyright, the ISP would be required to forward a notice to that subscriber. Additionally, the ISP would be required to retain a record of this notification, including the identity of the alleged infringer. This record could be used if court proceedings were to follow at some time in the future.
I suggest that this made in Canada approach to copyright protection would be much more effective than the notice and take-down approach that has been put in place in the United States of America. Notice and notice is a Canadian innovation in intellectual property law. So, too, is the introduction of a new civil liability explicitly targeting those who wilfully and knowingly enable online piracy. Internet service providers and search engines would be treated as true intermediaries under these provisions. However, together with measures to protect copyright holders from piracy in the digital marketplace, this bill would also provide measures that would enable businesses to work with copyrighted materials in the pursuit of innovation.
Under the current law, an innovative company can run afoul of the copyright laws if it makes copies of another product in order to pursue encryption research, reverse engineering or testing for compatibility or security. The bill would remove these restrictions, enabling innovative companies to appropriately use copyright material to develop new products and services.
I believe that we have achieved a balance in this bill that would enable Canada to move ahead in the digital economy. It would foster innovation among companies and protect the search engines and the ISPs that have become such valuable players in the digital society. The bill would enable us to take our place among nations that have modernized their copyright laws. It would create an environment in which creators can create and consumers can enjoy the fruits of those creations for generations to come.
Canada is late in acting upon its goal to bring copyright practices in line with the digital age. A decade and a half has passed since we were at the table to help craft WIPO's Internet treaties. In the meantime, our trading partners have moved ahead with their own intellectual property regimes. However, although we may be late in modernizing our laws, students who were born the last time Parliament reformed the Internet practices and copyright are now in high school. It has been a long time since we have done this. The bill before us represents an innovative made in Canada approach to enforcing copyright on the Internet and would provide the flexibility that innovative companies require to continue the research and development of new products.
The time has come to put these measures into action. We were delayed in implementing these provisions when the previous Bill C-32 died on the order paper in the last Parliament. The months that have passed since have underscored not only the importance of copyright protection but the importance of getting the regime right.
I believe Canada has found the right balance, a balance that will serve as a model for others. We need to move quickly to pass this bill so that creators and consumers can both benefit, and for the clarity and protection that this bill would provide. I urge hon. members to join me in supporting it as we send it to committee.