Pluralistic: Canada sues Google (03 Dec 2024)


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Canada sues Google (permalink)

For a country obsessed with defining itself as "not America," Canada sure likes to copy US policies, especially the really, really terrible policies – especially the really, really, really terrible digital policies.

In Canada's defense: these terrible US policies are high priority for the US Trade Representative, who leans on Canadian lawmakers to ensure that any time America decides to collectively jump off the Empire State Building, Canadian politicians throw us all off the CN Tower. And to Canada's enduring shame, the USTR never has to look very hard to find a lickspittle who's happy to sell Canadians out.

Take anti-circumvention. In 1998, Bill Clinton signed the Digital Millennium Copyright Act, a gnarly hairball of copyright law whose Section 1201 bans reverse-engineering for any purpose. Under DMCA 1201, "access controls" for copyrighted works are elevated to sacred status, and it's a felony (punishable by a five-year prison sentence and a $500k fine) to help someone bypass these access controls.

That's pretty esoteric, even today, and in 1998, it was nearly incomprehensible, except to a small group of extremely alarmed experts who ran around trying to explain to lawmakers why they should not vote for this thing. But by the time Tony Clement and James Moore (Conservative ministers in the Harper regime) introduced a law to import America's stupidest tech idea and paste it into Canada's lawbooks in 2012, the evidence against anti-circumvention was plain for anyone to see.

Under America's anti-circumvention law, any company that added an "access control" to its products instantly felonised any modification to that product. For example, it's not illegal to refill an ink cartridge, but it is illegal to bypass the access control that gets the cartridge to recognise that it's full and start working again. It's not illegal for a Canadian software developer to sell a Canadian Iphone owner an app without cutting Apple in for a 30% of the sale, but it is illegal to mod that Iphone so that it can run apps without downloading them from the App Store first. It's not illegal for a Canadian mechanic to fix a Canadian's car, but it is illegal for that mechanic to bypass the access controls that prevent third-party mechanics from decrypting the error codes the car generates.

We told Clement and Moore about this, and they ignored us. Literally: when they consulted on their proposal in 2010, we filed 6,138 comments explaining why this was a bad idea, while only 53 parties wrote in to support it. Moore publicly announced that he was discarding the objections, on the grounds that they had come from "babyish" "radical extremists":

https://www.cbc.ca/news/science/copyright-debate-turns-ugly-1.898216

For more than a decade, we've had Clement and Moore's Made-in-America law tied to our ankles. Even when Canada copies some good ideas from the US (by passing a Right to Repair law), or even some very good ideas of its own (passing an interoperability law), Canadians can't use those new rights without risking prosecution under Clement and Moore's poisoned gift to the nation:

https://pluralistic.net/2024/11/15/radical-extremists/#sex-pest

"Not America" is a pretty thin basis for a political identity anyway. There's nothing wrong with copying America's good ideas (like Right to Repair). Indeed, when it comes to tech regulation, the US has had some bangers lately, like prosecuting US tech giants for violating competition law. Given that Canada overhauled its competition law this year, the country's well-poised to tackle America's tech giants.

Which is exactly what's happening! Canada's Competition Bureau just filed a lawsuit against Google over its ad-tech monopoly, which isn't merely a big old Privacy Chernobyl, but is also a massively fraudulent enterprise that rips off both advertisers and publishers:

https://www.reuters.com/technology/canadas-antitrust-watchdog-sues-google-alleging-anti-competitive-conduct-2024-11-28/

The ad-tech industry scoops up about 51 cents out of every dollar (in the pre-digital advertising world the net take by ad agencies was more like 15%). Fucking up Google's ad-tech rip off is a much better way to get Canada's press paid than the link tax the country instituted in 2023:

https://www.eff.org/deeplinks/2023/05/save-news-we-must-ban-surveillance-advertising

After all, what tech steals from the news isn't content (helping people find the news and giving them a forum to discuss it is good) – tech steals news's money. Ad-tech is a giant ripoff. So is the app tax – the 30% Canadian newspapers have to kick up to the Google and Apple crime families every time a subscriber renews their subscriptions in an app. Using Canadian law to force tech to stop stealing the press's money is a way better policy than forcing tech to profit-share with the news. For tech to profit-share with the news, it has to be profitable, meaning that a profit-sharing press benefits from tech's most rapacious and extractive conduct, and rather than serving as watchdogs, they're at risk of being cheerleaders.

Smashing tech power is a better policy than forcing tech to share its stolen loot with newspapers. For one thing, it gets government out of the business of deciding what is and isn't a legit news entity. Maybe you're OK with Trudeau making that call (though I'm not), but how will you feel when PM Polievre decides that Great Replacement-pushing, conspiracy-addled far right rags should receive a subsidy?

Taking on Google is a slam-dunk, not least because the US DoJ just got through prosecuting the exact same case, meaning that Canadian competition enforcers can do some good copying of their American counterparts – like, copying the exhibits, confidential memos, and successful arguments the DoJ brought before the court:

https://www.justice.gov/opa/pr/justice-department-sues-google-monopolizing-digital-advertising-technologies

Indeed, this is already a winning formula! Because Big Tech commits the same crimes in every jurisdiction, trustbusters are doing a brisk business by copying each others' cases. The UK Digital Markets Unit released a big, deep market study into Apple's app market monopoly, which the EU Commission used as a roadmap to bring a successful case. Then, competition enforcers in Japan and South Korea recycled the exhibits and arguments from the EU's case to bring their own successful prosecutions:

https://pluralistic.net/2024/04/10/an-injury-to-one/#is-an-injury-to-all

Canada copying the DoJ's ad-tech case is a genius move – it's the kind of south-of-the-border import that Canadians need. Though, of course, it's a long shot that the Trump regime will produce much more worth copying. Instead, Trump has vowed to slap a 25% tariff on Canadian goods as of January 20.

Which is bad news for Canada's export sector, but it definitely means that Canada no longer has to worry about keeping the US Trade Rep happy. Repealing Clement and Moore's Bill C-11 should be Parliament's first order of business. Tariff or no tariff, Canadian tech entrepreneurs could easily export software-based repair diagnostic tools, Iphone jailbreaking tools, alternative firmware for tractors and medical implants, and alternative app stores for games consoles, phones and tablets. So long as they can accept a US payment, they can sell to US customers. This is a much bigger opportunity than, say, selling cheap medicine to Americans trying to escape Big Pharma's predation.

What's more, there's no reason this couldn't be policy under Polievre and the Tories. After all, they're supposed to be the party of "respect for private property." What could be more respectful of private property than letting the owners of computers, phones, cars, tractors, printers, medical implants, smart speakers and anything else with a microchip decide for themselves how they want to it work? What could be more respectful of copyright than arranging things so that Canadian copyright holders – like a games studio or an app company – can sell their copyrighted works to Canadian buyers, without forcing the data and the payment to make a round trip through Silicon Valley and come back 30% lighter?

Canadian politicians have bound the Canadian public and Canadian industry to onerous and expensive obligations under treaties like the USMCA (AKA NAFTA2), on promise of tariff-free access to American markets. With that access gone, why on Earth would we continue to voluntarily hobble ourselves?

Hey look at this (permalink)


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This day in history (permalink)

#10yrago UK police arrest man who built anti-immigrant nail-bomb, decline to press terrorism charges https://www.theguardian.com/uk-news/2014/nov/28/soldier-jailed-nailbomb-ryan-mcgee-manchester-bomb

#10yrsago Library’s seed sharing system threatened by Big Ag regulations https://www.mprnews.org/story/2014/11/30/duluth-librarys-seed-sharing-program-hits-a-hurdle

#10yrsago Haunted Mansion leg sleeve tattoo https://www.reddit.com/r/tattoos/comments/2o20s0/haunted_mansion_leg_sleeve_in_progress_by_darin/

#10yrsago Interview with fantasy writer Tim Powers about being a “secret historian” https://web.archive.org/web/20150103220737/http://likeiwassayingblog.com/2014/12/02/tim-powers-interview-with-a-secret-historian/

#5yrsago McKinsey designed ICE’s gulags, recommending minimal food, medical care and supervision https://www.propublica.org/article/how-mckinsey-helped-the-trump-administration-implement-its-immigration-policies#172207

#5yrsago Frustrated game devs automated the production of 1,500 terrible slot machine apps and actually made money https://www.gdcvault.com/play/1025766/1-500-Slot-Machines-Walk

#5yrsago The Supreme Court just heard the State of Georgia’s argument for copyrighting the law and charging for access to it https://arstechnica.com/tech-policy/2019/12/justices-debate-allowing-state-law-to-be-hidden-behind-a-pay-wall/

#5yrsago UK Apostrophe Protection Society surrender’s, saying “ignorance and lazines’s have won” https://www.standard.co.uk/news/uk/apostrophe-society-shuts-down-because-ignorance-has-won-a4301391.html

#5yrsago MMT: when does government deficit spending improve debt-to-GDP ratios? https://carnegieendowment.org/china-financial-markets/2019/10/mmt-heaven-and-mmt-hell-for-chinese-investment-and-us-fiscal-spending

#5yrsago Using the Challenger Disaster to illustrate the 8 symptoms of groupthink https://web.archive.org/web/20150326031934/https://courses.washington.edu/psii101/Powerpoints/Symptoms of Groupthink.htm

#5yrsago A sweeping new tech bill from Silicon Valley Democrats promises privacy, interoperability, and protection from algorithmic discrimination and manipulation https://web.archive.org/web/20191105215639/https://eshoo.house.gov/news-stories/press-releases/eshoo-lofgren-introduce-the-online-privacy-act/

#5yrsago Harry Shearer interviews Uber’s smartest critic: Hubert “Bezzle” Horan https://harryshearer.com/le-shows/december-01-2019/#t=10:10

#5yrsago Reading the “victory letter” a white nationalist sent to his followers after getting $2.5m from UNC, it’s obvious why he tried to censor it https://twitter.com/greg_doucette/status/1201547992748216322

#5yrsago “Harbinger households”: neighborhoods that consistently buy products that get discontinued, buy real-estate that underperforms, and donate to losing political candidates https://journals.sagepub.com/doi/abs/10.1177/0022243719867935

#5yrsago White nationalists who got a $2.5m payout from UNC abuse the DMCA to censor lawyer’s trove of documents about it https://twitter.com/greg_doucette/status/1201635924158881792

Upcoming appearances (permalink)

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Recent appearances (permalink)


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Latest books (permalink)


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Upcoming books (permalink)

  • Picks and Shovels: a sequel to "Red Team Blues," about the heroic era of the PC, Tor Books, February 2025

  • Unauthorized Bread: a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, 2025


Colophon (permalink)

Today's top sources: Slashdot (https://slashdot.org).

Currently writing:

  • Enshittification: a nonfiction book about platform decay for Farrar, Straus, Giroux. Status: first pass edit underway (TKs and FCKs)

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  • Picks and Shovels, a Martin Hench noir thriller about the heroic era of the PC. FORTHCOMING TOR BOOKS FEB 2025

Latest podcast: Spill, part five (a Little Brother story) https://craphound.com/littlebrother/2024/12/01/spill-part-five-a-little-brother-story/

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