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Net Neutrality Divide: Canada and the U.S. Go Separate Ways on an Open Internet

This week’s announcement that the U.S. telecommunications regulator plans to roll back net-neutrality regulations sparked an immediate backlash from those who fear that the decision will turn the Internet into a cable-like service dominated by the carriers and deep-pocketed giants that can afford to pay new fees to keep their content on the fast lane.

My Globe and Mail op-ed notes that the U.S. order, which would also block states from carrying out their own versions of policies that stop telecom carriers from leveraging their gatekeeper status by treating similar content or applications differently, is set for a vote next month.

November 23, 2017 — 8 comments — Columns

APEC Vietnam 2017 http://en.kremlin.ru/events/president/news/56049

No Deal is Better than a Bad Deal: Why Canada Won the TPP By Standing Up for Balanced IP, Culture, and the Auto Sector

The end-game in trade negotiations always generates more than its fair share of drama and last week’s effort to re-work the Trans Pacific Partnership without the United States was no different. Canada was squarely in the spotlight with Prime Minister Justin Trudeau a no-show at a ministerial meeting that was attributed to a scheduling error, but had the hallmarks of gamesmanship designed to demonstrate a willingness to walk away from the deal.

I posted over the weekend on some of the key IP provisions that have been suspended and published an op-ed in the Globe and Mail that argues that the result was a major win for Canada as the government leveraged its position as the second largest economy left in the TPP to extract significant concessions on intellectual property, culture, and the auto sector. Indeed, despite pressure to cave on key demands from the Japanese and Australian governments, Canada stood its ground and is helping to craft a trade deal that better reflects a balanced approach on challenging policy issues.

November 13, 2017 — 2 comments — Columns

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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.

October 31, 2017 — 2 comments — Columns

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Too Much of a Good Thing: What Lies Behind Canada’s Emerging Consultation Crisis

After years of often feeling excluded from the policy making and legislative process, many civil society groups were excited by the prospect of a new government committed to public consultations and feedback. The Liberal government moved quickly to consult on all manner of issues, providing hope that an emphasis on participatory democracy would lead to better policies and an opportunity to incorporate a broader range of perspectives.

My op-ed in today’s Hill Times notes that two years into the Liberal mandate, the consultative process is now a well-established part of how policy is developed. It is nice to be asked for your opinion, but Canada is increasingly facing a consultation crisis as the sheer volume of hearings, notices, and consultations can be overwhelming.

October 25, 2017 — 4 comments — Columns

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Life After NAFTA: Why No Deal May Free Canada on Intellectual Property Policy

The Senate Open Caucus held a two-hour panel on NAFTA modernization last week with the intention of exploring the benefits and costs of re-working Canada’s most significant trade agreement. In light of signals that the United States be laying the groundwork to cancel the existing deal, however, the discussion quickly turned to the challenges and opportunities of life after NAFTA.

My role on the panel was to focus on NAFTA’s intellectual property and e-commerce implications. My Globe and Mail op-ed notes that to my surprise, the shift in focus to a post-NAFTA world was liberating, opening the door to considering Canadian policies that have previously been viewed as unattainable given intense U.S. pressure on intellectual property policy that favours “Americanization” of global rules. A world without NAFTA would unquestionably be a shock to the economic system, but it would also free the government to establish made-in-Canada IP policies that better reflect domestic values and pursue trade agreements that use international standards as the baseline rather than U.S. demands.

October 23, 2017 — 2 comments — Columns