[lp-ca-on] CRA rejects NETFILE developer application

[Greg Knittl]

First of all, I appreciate that the CRA is being somewhat upfront and providing some specifics, at least more than other organizations I've dealt with, although not probably enough for a full legal analysis since we don't even have the full NETFILE agreement yet.

I think we are getting into the legal/political realm here.

Legally, perhaps some of the legal minds involved in the Geocoder lawsuit: CIPPIC https://cippic.ca/ could provide some guidance. I suspect there are quite a few legal issues to explore here: whether it is legitimate to require certification, whether it's legitimate to force the whole tax calculation engine to be closed source instead of just the filing interface, potential Charter challenges etc.

Politically, start thinking about how to articulate this issue. The biggest practical argument I can think of is that having fully open APIs and open software is the best way to ensure security both for the CRA and for filers. Forcing the use of closed source is putting filers and the CRA at risk. It's a big issue but it's a subtle one just like all the software freedom issues. It fits very well with Software Freedom Day. Maybe instead of just randomly contacting people on the street, there's a specific demonstration in front of a tax office or in front of an MP's office that might get some media coverage.

thoughts?
Greg
-------- Forwarded Message --------

Subject:	RE: Placeholder application to meet July 15th deadline?
Date:	Thu, 28 Jul 2016 14:27:08 +0000
From:	NETFILE Certification Support / Soutien homologation IMPÔTNET (CRA/ARC) <address@hidden>
To:	'Greg Knittl' <address@hidden>
CC:	NETFILE Certification Support / Soutien homologation IMPÔTNET (CRA/ARC) <address@hidden>

Hello Mr. Knittl,

Thank you for submitting an Application for NETFILE.

We have reviewed your application and the link you submitted related to the philosophy of Libre Planet Ontario.

Legally it is not possible for such a “free of right” product to be Certified by CRA. The certification process is a “legalized” concept covered by legal documents such as the  2016  NETFILE Certification Agreement. Legal documents have to be endorsed by both parties.
Also the 2016  NETFILE Certification Agreement has to be signed to be able to use the NETFILE Registered trade mark. Paragraph 11.1 states that the licence is:

11.0                License to Use NETFILE Official Mark


11.1     If a Software Product meets all the requirements of  NETFILE certification testing and provided that the Software Developer complies with all requirements as specified for post-certification as outlined in the Certification Guide, then the Software Developer will be granted a non exclusive, personal, non transferable, non sub-licensable, license to use the NETFILE Official Mark in respect of the Software Product Version having the CRA Software Product Identifier that has passed certification testing and only  as directed by CRA.  Software Developer may also represent that the Software Product has passed CRA NETFILE certification testing and the Software Product is therefore compatible with the CRA’s NETFILE Electronic Filing Service.

The article 11.1 contradicts the “Free of right” (essential freedoms 0-1-2-3) software product philosophy.  A CRA Certified software cannot be modified from its original certified version, reprogrammed, nor can it be redistributed to any other parties than the one licensed for.

For all those reasons your application for NETFILE has been rejected.

Hoping this is satisfactory,

If you have any other questions about the application process, do not hesitate to contact us.

Thank you,


Electronic Filing Services Section / Section des services de transmissions électroniques
Electronic Services Division / Division des services électroniques
750 Heron Rd, 7th floor / 750, chemin Heron, 7e étage
Ottawa, ON   K1A 0L5
mailto:address@hidden


From: Greg Knittl [mailto:address@hidden]
Sent: July 14, 2016 7:30 AM
To: NETFILE Certification Support / Soutien homologation IMPÔTNET (CRA/ARC)
Subject: Fwd: Placeholder application to meet July 15th deadline?

Hi,

Please find attached a placeholder Software Developer's
Application for NetFile with the box in Section 8 unchecked to meet the July 15th application deadline.

thanks
Greg

-------- Forwarded Message --------
Subject:

Placeholder application to meet July 15th deadline?

Date:

Tue, 12 Jul 2016 23:49:02 -0400

From:

Greg Knittl <address@hidden><mailto:address@hidden>

To:

NETFILE Certification Support / Soutien homologation IMPÔTNET (CRA/ARC) <address@hidden><mailto:address@hidden>, libreplanet Canada Ontario <address@hidden><mailto:address@hidden>



Hi,



Would it be okay if I submitted a placeholder Software Developer's

Application for NetFile without checking the box in Section 8 while you

decide if checking that box will bind me in any way if it turns out I

can't agree to the terms of the NETFILE Certification Agreement? I'd

like to meet the July 15th deadline somehow since it seems to be

critical to the whole 2016 Certification Cycle.



thanks,

Greg