Canada Chimes in on 2257 Today

[emmanuelle]

(why no IMG tags?)

Paul Kent-Snowsell represents Sweet Entertainment Group. While I am not a fan of their product, I admire their willingness to fight for all Canadian's legal rights. Their recent success fighting obscenity charges benefitted every one of us up here

[Bare]

Way to go Canada!

[juggernaut]

I have been there a few times and loved it. Its like going to another state but lots of people speach french with out the shitty french tude. I have sat on top of 10k high mountains in the middle of December for two weeks durring snow storms but I have never in my life felt bone chilling cold the way you guys have it there. Well lets all hope for the best. I'm off to the bank to grab all the papers and money to hit the road if needed lol.

[Robbo]

I`ve lived close enough to Ontario to throw rocks at it so long I feel just as home on the other side of the bridge. And looking from the US side we look WAY more whitebread than they do!

[Sinistress]

Haha, I LOVE this thread. *grins*

For those who are wary of the cold, it hit 47 degrees CELSIUS in North Eastern Ontario today. For those who can't convert, that's WELL over 100F (But they do have nasty cold winters out that way too)

Myself, I live on the West Coast, and in all honesty its lovely up here. We are WAAAAAAAAAY warmer through the winters, than most of the entire continental USA is...but that's also largely because of the mountains sheltering us from extreme weather fronts, and the ocean keeping our temperatures moderate.

Health care, is paid for by taxes yes, but I would not be so quick to jump to saying that makes it "good." For small things, yes its fabulous, but for anything specific, it makes it rather terrible in fact. I put my back out at my day job about a month ago & when I went to the walk in clinic, my words were "Between my right shoulderblade and my spine" --The paperwork came back reading that I had injured my lower back. Riiight. When it got worse & was putting amazing pressure on my chestplate, I phoned the clinic to see how I'd go about seeing a back specialist, someone other than a chiropracter. Apparently, they're booking MONTHS in advance, and I would've had to wait MONTHS to see one. Fuck that, by that point I'd be freakin' paralyzed LOL I went to a physiotherapist that didn't require a referral from a doctor, and got right in. Had to pay a clinic fee for what my MSP didn't cover, but no biggie & I can get it refunded later from Workers Comp.

It did however, fast change my attitude about our healthcare system, and made me realize just how dire of a state it must be in. Unfortunately what was a fabulous idea "back then" when it was installed, has now become a financial nightmare for pretty much everybody... For that I think I'll blame technology, because "back then" we didn't have anywhere near as much expensive electronical life saving equipment as we do now, ...the result is the quality of healthcare is declining, while we struggle to keep up with technology.

As far as porn & weed goes though, yeah... We're a laid back bunch up here...

[tickler]

Toronto is actually farther south than most of the northern states.

[Useless]

Originally Posted by tickler

Toronto is actually farther south than most of the northern states.

Indeed. http://wuarchive.wustl.edu/aminet/pix/map/Canada.jpg

Well, screw Montreal then. I'm heading to Toronto.

[Doug E]

channel dedicated to Law & Order.

seems like every channel up here is law and order or csi or some rip off. im sorry to hear canadians arent the only ones with bad taste.

[DannyCox]

An interesting point in that article is, "That would violate Canada's Personal Information Protection and Electronic Documents Act"

A few Canadian Adult companies have already released identification documents in order to retain their marketing materials. I don't believe they realize that they now face criminal charges here in Canada for doing so. It would take just one complaint from one model, and the company would be in very deep sh*t!

We have already publicly stated that we will never release information on any models or Amateurs who have ever worked with us. Not only is it illegal in Canada to do so (without prior written consent from the model), it is just morally wrong. The safety and security of these models is paramount, and there are just too many "crazies" out there (and in our industry).

When most of these women (and men) shot for the various producers, they did so with the knowledge that their personal information would never be released, other than if requested by proper authorities. I now have a number of packages that have been sent to me, with ALL the model's information, including addresses! And I didn't even request it.

Not only is 2257 unjust, and a real pain in the ass, it also affects the security of thousands of people, many of which do not have a clue that their personal info is being distributed all over the 'net. It'll just take one idiot to think it's funny to release it all to the masses. I doubt very much the NDA's that some people are signing will have much of an effect on that.

[tickler]

Originally Posted by DannyCox

An interesting point in that article is, "That would violate Canada's Personal Information Protection and Electronic Documents Act"

A few Canadian Adult companies have already released identification documents in order to retain their marketing materials. I don't believe they realize that they now face criminal charges here in Canada for doing so. It would take just one complaint from one model, and the company would be in very deep sh*t!

We have already publicly stated that we will never release information on any models or Amateurs who have ever worked with us. Not only is it illegal in Canada to do so (without prior written consent from the model), it is just morally wrong. The safety and security of these models is paramount, and there are just too many "crazies" out there (and in our industry).

When most of these women (and men) shot for the various producers, they did so with the knowledge that their personal information would never be released, other than if requested by proper authorities. I now have a number of packages that have been sent to me, with ALL the model's information, including addresses! And I didn't even request it.

Not only is 2257 unjust, and a real pain in the ass, it also affects the security of thousands of people, many of which do not have a clue that their personal info is being distributed all over the 'net. It'll just take one idiot to think it's funny to release it all to the masses. I doubt very much the NDA's that some people are signing will have much of an effect on that.

Actually, under C-PIPED you can be in shit for even having the documents. So at least one sponsor is telling affiliates to not even download the docs unless you are a US WM.

I think that the privacy acts in Europe are much the same, especially in the UK and other commonwealth countries.

[ArtWilliams]

Originally Posted by DannyCox

An interesting point in that article is, "That would violate Canada's Personal Information Protection and Electronic Documents Act"

A few Canadian Adult companies have already released identification documents in order to retain their marketing materials. I don't believe they realize that they now face criminal charges here in Canada for doing so. It would take just one complaint from one model, and the company would be in very deep sh*t!

We have already publicly stated that we will never release information on any models or Amateurs who have ever worked with us. Not only is it illegal in Canada to do so (without prior written consent from the model), it is just morally wrong. The safety and security of these models is paramount, and there are just too many "crazies" out there (and in our industry).

When most of these women (and men) shot for the various producers, they did so with the knowledge that their personal information would never be released, other than if requested by proper authorities. I now have a number of packages that have been sent to me, with ALL the model's information, including addresses! And I didn't even request it.

Not only is 2257 unjust, and a real pain in the ass, it also affects the security of thousands of people, many of which do not have a clue that their personal info is being distributed all over the 'net. It'll just take one idiot to think it's funny to release it all to the masses. I doubt very much the NDA's that some people are signing will have much of an effect on that.

One small point ... Privacy laws in Canada are NOT part of the criminal code per se, though failure to comply with a Federal Court order to change one's privacy procedures could result in criminal charges being laid.

--art

[susanna]

Originally Posted by artwilliams

One small point ... Privacy laws in Canada are NOT part of the criminal code per se, though failure to comply with a Federal Court order to change one's privacy procedures could result in criminal charges being laid.

--art

This is right....and me being located in ontario I am bound by PIPEDA which says that an individual must know what their private and personal information would be used for. I am not entirely sure but for years now the girls/guys knew that their information would be shared with webmasters and possibly the government. The real problem is if its shared past that point and it would be problematic for me to prove in a court of law that the model knew that I would have her information but I think it could be done. If I shared her information past myself and the government agencies I would be in shit...Infact there is a clause in PIPEDA that says that you MUST share the private information if by not sharing it you would break a different law...example would be sharing the identity of a child abuser to childrens aid...not sharing it under privacy law would be illegal as all of us are bound by law to report child abuse. The law was not intended to protect those who are doing illegal activity so in that clause, if a police/government agency came to my house they could demand to see my records and PIPEDA could not make me keep them private.

I cannot post the models information either... and...what interests me more is that 2257 wants webmasters to post their own information... as a paysite owner I have no issue posting it but as a cam girl or other such amateur site owner I would.

The idea of our privacy laws is to protect ME the individual...to give me a say in where my personal information is dispursed and the right to refuse dispursing it. So the US government cannot make me post my personal information. Of course they can make all of you stop dealing with me if you are seen as not following the rules if you do.

Now on a technical note... if someone were to have issue with our handling of their records...they are to first complain/ask questions of us (the business in question) then if they are not satisfied with the removal of the records or the rectification (be there any) then they can go to the privacy commission with their complaint. This is so new I am not aware of any complaints that have gotten this far.

One of the more noticable changes has been in the visa slips you get in a restaurant/store etc...they must have ***** where numbers should be. Other then that I have heard of few changes that were driven by complaint...most people who gather personal information (such as your doctor or health care facility) already have HUGE ASS standards to protect confidentiality and so this new law did not cause much problem.

The real reason this law is now in place is because of list sharing...example signing up at your cable company and not knowing that the cable company shares your personal contact information with anyone who wants to buy it (this is meant to reduce all forms of spam on and offline)

[tickler]

Originally Posted by susanna

The idea of our privacy laws is to protect ME the individual...to give me a say in where my personal information is dispursed and the right to refuse dispursing it. So the US government cannot make me post my personal information. Of course they can make all of you stop dealing with me if you are seen as not following the rules if you do.

Now on a technical note... if someone were to have issue with our handling of their records...they are to first complain/ask questions of us (the business in question) then if they are not satisfied with the removal of the records or the rectification (be there any) then they can go to the privacy commission with their complaint. This is so new I am not aware of any complaints that have gotten this far.

One of the more noticable changes has been in the visa slips you get in a restaurant/store etc...they must have ***** where numbers should be. Other then that I have heard of few changes that were driven by complaint...most people who gather personal information (such as your doctor or health care facility) already have HUGE ASS standards to protect confidentiality and so this new law did not cause much problem.

The real reason this law is now in place is because of list sharing...example signing up at your cable company and not knowing that the cable company shares your personal contact information with anyone who wants to buy it (this is meant to reduce all forms of spam on and offline)

PIPEDA is pretty much a standard now for any systems design. So personal information at an employer goes into a personnel file. The employer is not allowed to turn around and share it with an outside company.

Notice also on all the gov't forms they tell you exactly which DBs the info will be stored in.That way the police do not access to the tax records without a court order.

The main test so far has been in BC where personal information was being outsourced to the CDN subsidary of an American company. The court ruled that the only way to handle it was to have the CDN subsidary placed in trust so that the gov't could assume control if the US parent was being forced by the US gov't to diclose information under the Patriot Act or similar. It also allowed for fines up to $35 million, and other penalties. Seems to have become a standard in case law all over the commonwealth.

[Afterdarkcanada]

I just joined found this forum through Google. I have a question about 2257 (not expecting legal advice, so wont sue if you're wrong, lol there it's in writing)

I have a small adult site all the content is from affiliate programs in the form of links and images some of which would fall under this US law. None is "produced" by myself or anyone here. Am wondering since the companies sever I use is located in the States, if I'm considered "not complying with the law" there?

[Greenguy]

Originally Posted by Afterdarkcanada

... Am wondering since the companies sever I use is located in the States, if I'm considered "not complying with the law" there?

Yes (but I'm not a lawyer - LOL)

[chadknowslaw]

I am a lawyer, and the answer is, at least according to the US Department of Justice, Yes.

HOWEVER--

If you and your company are based in Canada, the DOJ does not have the authority to come knocking on your door. In law school legal theory, you are subject to the law. In the real world, the chance that the law would ever be enforced against you is very small.

www.chadknowslaw.com

[Odie]

I'm glad I live here but yes I do hate the winters! It does make for a nice change tho!