Blog

Google Main Search by MoneyBlogNewz (CC BY 2.0) https://flic.kr/p/92t8FA

U.S. Judge Rules Canadian Court Order “Threatens Free Speech on the Global Internet”

A U.S. federal court has issued a preliminary injunction blocking enforcement of a Canadian court order requiring Google to remove search results on a global basis. Google filed suit in U.S. court in the aftermath of a Supreme Court of Canada decision upholding a B.C. court’s global takedown order. The Supreme Court decision noted that it was open to Google to raise potential conflict of laws with the B.C. court in the hopes of varying the order:

If Google has evidence that complying with such an injunction would require it to violate the laws of another jurisdiction, including interfering with freedom of expression, it is always free to apply to the British Columbia courts to vary the interlocutory order accordingly.

Read more ›

November 3, 2017 32 comments News
DSC_7422 by Leadnow (CC BY-SA 2.0) https://flic.kr/p/NsCasz

The TPP is Back: My Submission on the Canadian Government’s TPP11 Consultation

The Trans Pacific Partnership, once left for dead after U.S. President Donald Trump withdrew from the agreement, is back with negotiations on a TPP11 (the original agreement featured 12 countries) set to resume next week. With reports indicating that dozens of provisions may be suspended, the Canadian government just concluded a public consultation on the issue.  My full submission is posted below.  It expresses concern with the lack of TPP transparency and provides comments on five substantive areas: dispute settlement, copyright, patents, e-commerce/digital trade, and culture.

Read more ›

November 2, 2017 1 comment News
jonhz_2017-Oct-30 by Jonathan Hernández  https://twitter.com/jonhz/status/925127995211370496

NAFTA and the Digital Environment: My Keynote on Striking a Fair Balance on Copyright and Digital Policy

Earlier this week, I had the opportunity to deliver a keynote lecture at American University, Washington College of Law on NAFTA and the digital environment. A video of the talk can be found here (my remarks start just after 11:40) and is embedded below.

Read more ›

November 1, 2017 0 comments News
Stop Spam, CC0 Creative Commons https://pixabay.com/en/stop-spam-spam-road-sign-mail-940526/

Better Marketing and Reduced Spam: New Data Demonstrates that Canada’s Anti-Spam Law is Working

Few Canadian laws have sparked as much animosity from the business community as Canada’s anti-spam legislation (CASL). The law, which took effect in 2014, has faced a barrage of complaints regarding its breadth and cost of implementation. Yet as a House of Commons committee nears the conclusion of a statutorily-mandated CASL review, it has become increasingly clear that the law has worked.

My Globe and Mail op-ed notes that while spam has obviously not disappeared from anyone’s inbox, the law never envisioned eradicating the proliferation of spam, spyware, malware, and other online ills. Rather, new data disclosed at the committee review reveal that Canada is a now a world anti-spam leader, resulting in more effective e-commerce campaigns and a significant reduction in the number of spam organizations operating within Canada.

Read more ›

October 31, 2017 1 comment Columns
canadian money is pretty by Robert Anthony Provost (CC BY 2.0) https://flic.kr/p/3jV8UB

Access Copyright Calls for Massive Expansion of Damage Awards of Up To Ten Times Royalties

The Canadian government’s consultation on reform to the Copyright Board recently closed and the 60 written responses were just posted online (my response – which focuses on the public interest role of the Board – can be found here). I will have a more fulsome review of the responses in the weeks ahead, but in the meantime one of the most radical recommendations, from Access Copyright, is worthy of comment. The copyright collective has called for a massive expansion of damage awards, seeking a new statutory damages provision that could result in damage awards ten times the size of actual applicable royalties.

Read more ›

October 30, 2017 1 comment News