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Abstract

The FCA’s decision in Rogers Communications Inc v Voltage Pictures, LLC, et al has dramatic policy implications, despite being only a decision regarding $500 in costs. Voltage Pictures sought the identities of alleged copyright infringers from Rogers by moving for a Norwich Order and was able to convince the FCA to compel Rogers to supply this information for free, by exploiting the “notice and notice” regime. The FCA’s decision in Voltage was legally suspect and should be overturned when the case is heard by the SCC. This paper will argue that SCC must overturn this decision. The case threatens to re-imagine Canada’s “notice and notice” regime, while putting Canadian internet users’ privacy in serious jeopardy. The FCA misinterpreted Canada’s “notice and notice” regime in reference to its interactions with Norwich Orders. This subjects ISPs to considerable liability and may open the floodgates for “copyright trolling.”

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