Author

Gustavo Gil

Date of Award

2009

Degree Type

Thesis

Program

Law

Supervisor

Professor Mark Perry

Abstract

Canada has signed, but not ratified, either the World Intellectual Property Organization Copyright Treaty (WCT) or the World Intellectual Property Organization Performances and Phonograms Treaty (WPPT). This thesis examines the current state of privacy and personal data protection law if Digital Rights Management system technologies were legally implemented today in Canada, in compliance with these treaties. This study emphasises in two jurisdictions: Federal and Ontario. It will be demonstrated that functionalities present in Digital Rights Management, like fingerprinting, watermarking and

authentication technologies, violate privacy and personal data protection law. The idea to issue a number of alternatives for implementation of Digital Rights Management in the legal and technological fields that could enhance privacy and personal data protection.

This thesis concludes that there are alternatives for implementation of Digital Rights Management in Canada that, do not require a direct implementation of the WCT and the WPPT.

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