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The Trouble With the TPP, Day 38: Limits on Canadian Digital Lock Safeguards - Michael Geist
As part of the contentious debate over the implementation of anti-circumvention rules in Canadian copyright law in 2012, the government tried to assure concerned stakeholders that it had established specific mechanisms within the law to create additional exceptions to the general rule against circumvention. The law includes a handful of exceptions for issues such as security or privacy protection, but there is also a process for adding new limitations to the general rule. There are two possible avenues for new limitations and exceptions. First, Section 41.21(1) allows the Governor in Council to make regulations for an exception where the law would otherwise "unduly restrict competition." Second, Section 41.21(2)(a) identifies other circumstances to consider for new regulations for exceptions including whether the circumvention rules could adversely affect the fair dealing criteria. In addition to those two potential regulation making models for new exceptions and limitations, Canadian law also establishes the possibility of creating a positive requirement on rights holders to unlock their locked content. It states that the Governor in Council may make regulations: