Columns

Does YouTube Deal Foreshadow Licensed P2P?

My weekly Law Bytes column (Toronto Star version, homepage version , BBC version ) examines the parallels between YouTube and Napster, asking whether the YouTube – Google deal might foreshadow licensed peer-to-peer systems. While some media companies, including Time Warner, speculated publicly late last week about possible lawsuits, it is […]

October 16, 2006 — 3 comments — Columns

The Parallel Politics of the Environment and Copyright

The Hill Times this week features my special op-ed (Hill Times version, homepage version) on the parallels between the environment and copyright as mainstream political issues. The similarities start with language – environmental advocates speak of protecting the environment and sustainable resources, while copyright advocates focus on the need to […]

October 9, 2006 — 3 comments — Columns

ICANN Sacrifices Privacy for Shot at Independence

My weekly Law Bytes column (Toronto Star version, BBC version, homepage version) examines the recent agreement between ICANN and the U.S. government. Late last month, ICANN took a major step toward addressing some ongoing concerns by signing a new agreement with the U.S. government entitled the Joint Project Agreement. ICANN immediately heralded the JPA as a "dramatic step forward" for full management of the Internet's domain name system through a "multi-stakeholder model of consultation." It added that the agreement grants it unprecedented independence by removing many of the U.S. government’s oversight controls. These include the elimination of a twice-annual reporting requirement to the U.S. Department of Commerce (ICANN will instead release a single annual report targeted to the full Internet community) and a shift away from the highly prescriptive policy responsibilities featured in the original ICANN contract.

While the JPA may indeed represent an important change, a closer examination of its terms suggest that there may be a hidden price tag behind ICANN newfound path toward independence – the privacy of domain name registrants.

October 9, 2006 — Comments are Disabled — Columns

Tech Law Research Hurt By Budget Cuts

My weekly Law Bytes column (Toronto Star version , homepage version ) examines last week's announcement that the Conservative government plans to cut funding for the Law Commission of Canada. I cite a series of important technology law research projects, noting that the common link is that the LCC, an independent law reform agency that advises Parliament on how to improve and modernize Canada’s laws, has provided the necessary financial support.

Government has limited capacity to conduct comprehensive research analysis on its own, leaving it increasingly dependent on outside contractors or academic studies to support its policy work.

October 2, 2006 — 2 comments — Columns

Industry Minister Should Put Spam Law Back on Agenda

My weekly Law Bytes column (Toronto Star version, homepage version) highlights the failure of the Canadian government to follow through on a task force report that recommended new anti-spam legislation. Industry Minister Bernier was recently asked about his efforts in combating spam, an ongoing nuisance that costs Canadian business millions of dollars while harming the consumer confidence needed to support emerging businesses. Bernier indicated that he had just received the 2005 National Task Force on Spam report (I was a member of the task force) and would respond to its recommendations in the coming weeks.

While he acknowledged that a "big group of experts" had called on the government to do something, he seemed to foreshadow a rejection of the Task Force's legislative recommendations, commenting that "the question is, what can we do? And I'm not sure right now. Maybe the market will decide in the end." I argue that should the Minister take the time to carefully read the report, he will find that a broad cross-section of Canadians representing Internet service providers, marketers, and the public, do not share his doubts about the role of government.

Moreover, the Minister's claim that he only recently received the Task Force report is contradicted by documents recently obtained under the Access to Information Act. They reveal that just days after Bernier was sworn in as Canada’s Industry Minister, department officials delivered a briefing titled "Building Business Confidence and Consumer Trust Online."

September 25, 2006 — 3 comments — Columns