VPN users across Canada continue to debate the effectiveness and purposes of the changes in the Copyright Modernization Act that went into effect on January 1, 2015, in Canada. The Act was put into effect as the government tried to balance the interest of copyright holders and Internet users’ right for privacy. According to this new legislation, ISP providers will be forced to contact customers who are suspected in illegal downloading. So, what does this mean for Virtual Private Network providers in Canada? Are they a part of the new law?

VPN services are highly popular in Canada, which likely means that Internet users won’t find much to like when it comes to the new regulation. Even though the legislation is already effective, it is still not clear if Bill C-11 of Copyright Modernization Act will apply to VPN platforms. If so, then VPN service providers will have to keep customer records, which goes against the policy of those who strongly supports clients’ anonymity and privacy. In cases when data was downloaded illegally, the new law requires the copyright infringement allegation to be sent and the record of this notice kept for six months, if the copyright holder decides to take legal actions. This infringement allegation is also called “notice and notice”. The answer on the question as to whether Bill C-11 pertains to VPN platforms depends on whether or not VPN service is considered a “means of providing telecommunications” as the Canadian Copyright Modernization Act states the following:

a) the means, in the course of providing services related to the operation of the Internet or another digital network, of telecommunication through which the electronic location that is the subject of the claim of infringement is connected to the Internet or another digital network…”

As long as it is not clear if VPN companies will be considered providers, it will be hard to say if “notice-and-notice” systems will apply to them. This also makes it difficult for VPN companies to monitor their customers as they share IP addresses what makes it impossible to know who the individual is behind the computer.

Overall, Canadian Internet users might find out that their rights to secure and anonymous Internet usage might slowly dwindle over the next few years.