CBC podcaster Jesse Brown got a chance to talk to Industry Minister Jim Prentice about Bill C-61 on CBC's Search Engine. Jim Prentice promised a 10 minute interview and gave exactly that, with barely seconds to spare. You can listen to the interview on the CBC website.

Jesse Brown decided to compose the interview questions by asking visitors to his website to submit concerns about common scenarios they fear would be illegal if the new bill passed as law. When posed, the minister seemed frustrated by the questions, commenting, "you're getting into some pretty technical scenarios here." The questions were in regards to (a) copying a DRM-protected audio CD to an iPod, and (b) unlocking a carrier-locked cell phone so that it could be used more easily overseas.

In fact, when asked about unlocking a cell phone, Jim Prentice said that he didn't think there was any problem with the practice under the proposed law, as long as the phone wasn't being used to illegally copy music.

Well Mr. Prentice...

41.1 (1) No person shall

(a) circumvent a technological measure within the meaning of paragraph (a) of the definition “technological measure” in section 41;

...

“circumvent” means,

(a) in respect of a technological measure within the meaning of paragraph (a) of the definition “technological measure”, to descramble a scrambled work or decrypt an encrypted work or to otherwise avoid, bypass, remove, deactivate or impair the technological measure, unless done with the authority of the copyright owner; and

(b) in respect of a technological measure within the meaning of paragraph (b) of the definition “technological measure”, to avoid, bypass, remove, deactivate or impair the technological measure.

“technological measure” means any effective technology, device or component that, in the ordinary course of its operation,

(a) controls access to a work, to a performer’s performance fixed in a sound recording or to a sound recording and whose use is authorized by the copyright owner; ...

That is the wording the act: Bill C-61. This verbiage says that you cannot circumvent encryption or DRM. There is no restriction on the type of encryption or DRM. This language stands alone in the section. It is not connected to any specific intent, such as illegally copying music or video. And it is worth mentioning that the software on a phone is as much a "copyrighted work" as music, video, or a book.

Therefore, unlocking a SIM-locked phone would be "circumvention" and indeed be illegal under Bill C-61.

Therefore, it begs the question does Mr. Prentice not understand the very bill that he has written? Or, has he just misrepresented its content on national radio?

As for the rest of the interview, Jim Prentice is evasive and when pressed on the issues that companies' DRM effectively strips Canadians of the rights guaranteed in the bill, he onerously answers that, "The market will take care of it."

The minister has declined requests for any further interviews.