Canada Considers Ditching U.S.-Inspired Copyright Law to Become a “Disenshittification Nation”

In a bold and potentially transformative move, Canada is contemplating the repeal of its controversial anti-circumvention copyright law, Bill C-11, a piece of legislation that was originally modeled after the U.S. Digital Millennium Copyright Act (DMCA). The proposal comes amid escalating trade tensions between Canada and the United States, with President Trump imposing tariffs on Canadian goods despite previous assurances of tariff-free access to U.S. markets in exchange for adopting similar copyright protections.

The idea, championed by renowned science fiction author and digital rights activist Cory Doctorow, envisions Canada as a “Disenshittification Nation”—a country that actively dismantles the monopolistic practices and restrictive policies of Big Tech. Doctorow argues that by repealing Bill C-11, Canada could position itself as a global leader in digital freedom, offering a haven for innovation, competition, and consumer rights.

The Origins of Bill C-11

Bill C-11, officially known as the Copyright Modernization Act, was passed in 2012 under the Conservative government of Prime Minister Stephen Harper. The law was designed to align Canada’s copyright regime with that of the United States, particularly the DMCA, in exchange for access to U.S. markets without tariffs. However, the law has been widely criticized for its restrictive provisions, which include:

• Anti-circumvention measures: Making it illegal to bypass digital locks on devices, software, or media, even for lawful purposes.
• Limited fair use: Restricting the ability of consumers to use copyrighted material for educational, research, or personal purposes.
• Monopoly protection: Shielding tech giants from competition by making it difficult for alternative app stores, repair tools, or custom firmware to thrive.

The Case for Repeal

Doctorow’s proposal to repeal Bill C-11 is rooted in both economic and strategic considerations. With the U.S. imposing tariffs on Canadian goods despite the earlier agreement, the original rationale for adopting the law has evaporated. Instead, Canada could leverage its position to challenge the dominance of U.S. tech companies and create a more open, competitive digital ecosystem.

Economic Strategy

By repealing Bill C-11, Canada could attract businesses and consumers who are frustrated with the restrictive practices of Big Tech. For example:

• Legalizing jailbreaking: Allowing users to modify their devices and software to suit their needs.
• Enabling alternative app stores: Encouraging competition by permitting third-party app stores and clients.
• Promoting repairability: Requiring companies to provide repair tools and documentation, reducing electronic waste and empowering consumers.
• Open firmware: Supporting the development of open-source firmware that can break monopoly lock-ins.

These measures could position Canada as a hub for innovation and entrepreneurship, drawing investment and talent from around the world.

National Security

In addition to economic benefits, repealing Bill C-11 could enhance Canada’s national security by reducing its dependence on U.S. tech stacks. Doctorow argues that reliance on American technology makes Canada vulnerable to potential disruptions, such as the sudden shutdown of services or the weaponization of tech infrastructure. By fostering a more diverse and resilient digital ecosystem, Canada could safeguard its sovereignty and protect its citizens from external threats.

The Global Implications

If Canada were to repeal Bill C-11 and embrace the “Disenshittification” model, it could inspire other countries to follow suit. The move would challenge the global dominance of U.S. tech companies and create a more equitable digital landscape. It could also serve as a model for balancing the interests of creators, consumers, and innovators in the digital age.

Challenges and Criticisms

While the proposal has garnered significant support, it is not without its challenges. Critics argue that repealing Bill C-11 could strain relations with the United States and potentially lead to further trade disputes. Additionally, some content creators and rights holders may resist changes that could undermine their ability to protect their intellectual property.

However, proponents of the repeal argue that the benefits far outweigh the risks. By prioritizing innovation, competition, and consumer rights, Canada could create a more dynamic and inclusive digital economy that benefits everyone.

Conclusion

As Canada grapples with the implications of U.S. tariffs and the limitations of its current copyright law, the proposal to repeal Bill C-11 offers a bold and forward-thinking solution. By embracing the principles of “Disenshittification,” Canada has the opportunity to redefine its digital future, challenge the dominance of Big Tech, and position itself as a global leader in digital freedom and innovation.

The coming months will be critical as policymakers, industry leaders, and citizens debate the merits of this transformative proposal. If successful, Canada could set a powerful precedent for the rest of the world, proving that it is possible to build a digital ecosystem that prioritizes the needs of people over the profits of corporations.

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