Canada Considers Making Caching Illegal

OTTAWA CITY, Canada — Canadian Parliament soon will vote on a bill that could significantly increase copyright infringement claims against search engines and other sites that cache web pages.

According to its authors, C-60 was designed to protect search engines, Internet service providers and others from baseless lawsuits. But copyright experts are saying that careless wording and a lack of protection against false claims could cause more problems than the legislation solves.

“It’s a good idea in principle, but the fear is that it will be misused by rights holders and others,” Gwen Hinze, International affairs director of the Electronic Frontier Foundation, told XBiz.

Hinze said the issue is whether the bill is too narrowly worded to adequately balance the interests of copyright holders with the right of the public to have access to information online.

Copyright attorney Howard Knopf said he sees the danger to the public as greater than the danger to copyright holders. “The way it reads, arguably what they’re saying is that the very act of making a reproduction by way of caching is illegal,” Knopft said.

Several search engines already have been targeted by copyright holders who say the technology, by its very nature, infringes the 1996 World Intellectual Property Organizations treaty, the document that formed the basis for the U.S. Digital Millennium Copyright Act and similar laws in other countries.

In the past year, Perfect 10 magazine has filed suit against both Google and Amazon’s A9 search engine for allegedly infringing copyrights on its images. Agence France Presse also sued Google for $17.5 million, claiming the search engine is displaying photos, headlines and story leads on www.news.google.com without authorization or compensation.

University of Ottawa law professor Michael Geist said he expects such lawsuits will skyrocket if C-60 is passed. “Anyone with content on the web could sue,” he said. “Somebody with an axe to grind, or business competitors, could start using the system to try to get content removed.”

To date, there are no Canadian cases involving search engines being sued for copyright infringement, and Knopf said people who post information on the Internet without using robots.txt files, which tell search engines to stay away from certain content, are giving implied consent to have their content cached.

"If you put stuff freely on the Internet and don't take available steps to control archiving, you have to expect that people are going to browse, print or save it and that Google is going to cache it and archive.org is going to archive it," Knopf said.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

VRPorn.com Releases 2025 'Annual Report'

VRPorn.com has released its Annual Report, highlighting its audience favorites from throughout 2025.

MrPornGeek Launches 'Visibility Boost' System

MrPornGeek has launched a new visibility boost system.

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

GloryPay Announces New Financial App

European fintech company GloryPay has announced the launch of its financial app for industry members.

Creator of Hentaied, Parasited Launches New Site 'MonsterPorn'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched new paysite MonsterPorn.com.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Show More