Given that few would have predicted that Internet protests last year
would have led to the defeat or delay of legislation in the United
States (the Stop Online Piracy Act) and Canada (Internet surveillance
legislation) as well as spell the end for the Anti-Counterfeiting Trade
Agreement in Europe, a new round of predictions for what lies ahead
amounts to little more than guesswork. With that caveat in mind, my weekly technology law column (homepage version, Toronto Star version) provides a month-by-month look at what 2013 may have in
store for technology law and policy.
January. The government opens the New Year by releasing proposed
anti-spam regulations with promise that the long-delayed law will take
effect by 2014. The regulations leave no one satisfied as they water
down the law with a host of new exceptions and exclusions that limit
requirements for businesses to obtain consent before sending unsolicited
marketing materials.
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Appeared in the Toronto Star on December 30, 2012 as The Year Ahead in Tech Law and Policy
Given that few would have predicted that Internet protests last year
would have led to the defeat or delay of legislation in the United
States (the Stop Online Piracy Act) and Canada (Internet surveillance
legislation) as well as spell the end for the Anti-Counterfeiting Trade
Agreement in Europe, a new round of predictions for what lies ahead
amounts to little more than guesswork. With that caveat in mind, this
week's column provides a month-by-month look at what 2013 may have in
store for technology law and policy.
January. The government opens the New Year by releasing proposed
anti-spam regulations with promise that the long-delayed law will take
effect by 2014. The regulations leave no one satisfied as they water
down the law with a host of new exceptions and exclusions that limit
requirements for businesses to obtain consent before sending unsolicited
marketing materials.
February. The Canadian Radio-television and Telecommunications
Commission conducts a high profile hearing on the creation of a binding
wireless code of conduct. The resulting code extends far beyond the
initial expectations of the major carriers with new transparency
requirements, restrictions on contractual terms, and obligations to
unlock cellphones once a contract has concluded.
March. Thousands of Canadians begin receiving letters
alleging copyright infringement from file sharing activities with
demands to settle the claims for $1,500. Rights holders do not sue
those that refuse to settle, however, effectively acknowledging that a
court would be unlikely to award much more than the $100 minimum now
found in the Copyright Act.
April. Canada and the European Union conclude a comprehensive
trade agreement as the Canadian government caves to European pressure on
pharmaceutical patent reform. The changes are expected to add billions
to provincial health care costs.
May. Industry Minister Christian Paradis unveils the long-awaited
digital economy strategy with a plan to make Canada a global leader
that can boast of universal, affordable access to high-speed Internet
services. (just kidding - the proverbial Penske file will remain
unfinished in 2013).
June. The copyright world gathers in Geneva as the World
Intellectual Property Organization concludes negotiations on a treaty to
enhance access for the visually impaired. The U.S. and E.U. offer
continued resistance to the treaty with Canada largely silent throughout
the diplomatic talks.
July. The government hits the reset button with prorogation and a
cabinet shuffle. The change effectively kills both Bill C-12 (privacy
reform) and C-30 (Internet surveillance).
August. The CRTC announces plans to revisit the issue of new
media regulation during a fall hearing. Despite ongoing pressure for
regulation of online video services such as Netflix, the Commission
retains the exemption for the regulation of new media services.
September. Industry Canada moves forward with its overdue
spectrum auction. The auction rules frustrate incumbents and new
entrants alike, with both claiming that they are unable to amass
sufficient spectrum to offer new, competitive wireless services.
October. The deadline for concluding the Trans Pacific
Partnership negotiations comes and goes without an agreement.
Participating countries, including Canada, maintain there has been “good
progress” in the talks, but leaks suggest a growing divide over U.S.
demands related to intellectual property and investor protections.
November. The University of Toronto and Western University, the
first two Canadian universities to sign an agreement with Access
Copyright in 2011, announce that they will not be renewing those
licences as of 2014. The universities cite reliance on fair dealing as
the reason for the decision.
December. The Supreme Court of Canada releases its decision in
United Food and Commercial Workers, Local 401 v. Alberta (Attorney
General), a case involving the constitutionality of privacy legislation
that was argued before the court in June 2013. The court upholds the
constitutionality of the Alberta privacy legislation, but sends a clear
message that there are instances where privacy protections must be
limited to avoid impeding free speech rights.
Michael Geist holds the Canada Research Chair in Internet and
E-commerce Law at the University of Ottawa, Faculty of Law. He can
reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.
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