Alyssa Quinn, policy program manager at the Canadian Internet Registration Authority (CIRA), says website blocking is the most brutal tool available to use against online copyright infringement. CIRA is responsible for the domain registry for the .ca websites and was an intervenor in the matter.
“Blocking websites at the ISP level should be an absolute last resort,” she says. “There are other intermediaries closer to the actual infringing content that complainants could have turned to, in order to deal more precisely and proportionately with this particular case of copyright infringement.”
The problem in Teksavvy Solutions Inc. v. Bell Media Inc.. was issued in November 2019. The Federal Court issued an interlocutory order requiring several Canadian Internet service providers (ISPs) to block access to an unauthorized subscription service operating under domain names goldtv.biz and goldtv.ca. The order request was Bell Media Inc., TVA Group Inc. And Rogers Media Inc.
An involved ISP, Teksavvy, opposed the petition, arguing that it should be up to the Canadian Radio-television and Telecommunications Commission (CRTC) to block the websites, not the Federal Court, and that the plaintiffs no ‘had not met the legal test for issuance of the order. .
One problem with this case was that Canada currently lacks an “explicit legislative framework” to use as a guide for website blocking, Quinn says. The court had to “do a little reading between the lines” of the Copyright Act and the Telecommunications Act to make its decision, she said.