Technology law and policy is notoriously unpredictable but 2012
promises to be a busy year. My weekly technology law column (Toronto
Star version, homepage
version) offers some guesses for the coming months:
January. The Supreme Court of Canada holds a hearing on whether
Internet service providers can be treated as broadcasters under the
Broadcasting Act. The case, which arises from a CRTC reference to the
courts on the issue, represents the last possibility for an ISP levy
similar to the one paid by broadcasters under the current rules.
February. Industry Minister Christian Paradis unveils proposed spectrum
auction rules along with changes to Canadian restrictions on foreign
ownership of telecom companies. After the earlier trial balloon of
opening up the market to companies with less than 10 percent market
share generated a tepid response, the government jumps in with both
feet by announcing plans to remove foreign investment limits for
telecom companies starting in 2013 in conjunction with the next
spectrum auction.
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Appeared
in the Toronto Star on January 1, 201 as 2012 could be busy year for
Internet technology law and policy in Canada
Technology law and policy is notoriously unpredictable but 2012
promises to be a busy year. My best guess for the coming months:
January. The Supreme Court of Canada holds a hearing on whether
Internet service providers can be treated as broadcasters under the
Broadcasting Act. The case, which arises from a CRTC reference to the
courts on the issue, represents the last possibility for an ISP levy
similar to the one paid by broadcasters under the current rules.
February. Industry Minister Christian Paradis unveils proposed spectrum
auction rules along with changes to Canadian restrictions on foreign
ownership of telecom companies. After the earlier trial balloon of
opening up the market to companies with less than 10 percent market
share generated a tepid response, the government jumps in with both
feet by announcing plans to remove foreign investment limits for
telecom companies starting in 2013 in conjunction with the next
spectrum auction.
March. Canada and the European Union reach a preliminary agreement on a
major new trade agreement. While much of the attention is directed
toward the implications for the agricultural sector, Canada quietly
caves on patent issues that may add billions to pharmaceutical costs.
Meanwhile, Canada formalizes its open government commitment at a global
meeting in Brazil.
April. After months of delays, lawful access legislation is introduced.
The new bill consolidates the three earlier lawful access bills but
leaves the substance unchanged, rejecting widespread criticism over
plans to mandate new surveillance technologies and mandated disclosure
of personal information.
May. The CRTC conducts another fact-finding exercise on the impact of
over-the-top video services such as Netflix. The exercise fuels hope
among some groups of new regulatory requirements for online video
providers, but the CRTC ultimately decides to delay any new action
until the conclusion of the next round of new media hearings planned
for 2013.
June. Bill C-11, the copyright reform bill, passes the House of Commons
with few changes from its original form. All opposition parties vote
against the legislation. The bill still requires Senate approval, but
stakeholders begin thinking about the courts as copyright holders
explore enforcement lawsuits, consumer groups consider a constitutional
challenge to the digital lock rules, and some creator groups entertain
legal action on the limits on fair dealing.
July. Nearly one year after proposing anti-spam regulations, the
government unveils modified regulations and seeks further public
comment before the law takes effect. The new regulations establish a
series of new exceptions to the law consistent with the demands of
several marketing groups.
August. Rogers Communications, the last major Canadian ISP to use
traffic shaping tools to restrict the use of peer-to-peer technologies,
drops its approach several months after a CRTC net neutrality
enforcement action concludes it is violating Internet traffic
management regulations.
September. Canada gains entry to the Trans Pacific Partnership trade
negotiations after it signals its willingness to consider reforms to
all sectors of the economy. The TPP negotiations raise the possibility
of a massive overhaul of Canadian intellectual property rules.
October. The Supreme Court of Canada releases its much-anticipated set
of five copyright rulings. The court sides with Apple and Canadian
telecom companies in concluding that music previews may be treated as
consumer research for the purposes of fair dealing, rejects SOCAN’s bid
for compensation for the music found in downloaded video games, and
confirms Access Copyright’s demand for payment for classroom copies.
November. Bill C-11 receives Senate approval, becoming the first major
copyright bill passed in Canada in nearly 15 years. The decision
immediately renders some of the new Supreme Court copyright decisions
moot.
December. The constitutionality of PIPEDA, Canada’s private sector
privacy law, receives its stiffest test as companies facing tougher
enforcement demands by Canadian Privacy Commissioner Jennifer Stoddart
opt to challenge the validity of the law in light of the Supreme
Court’s December 2011 decision on a national securities regulator.
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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The New England Journal of Medicine features an article
on copyright overreach as a cognitive screening test faces copyright
infringement claims and a longstanding test disappears from textbooks,
websites, and clinical tool kits.
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The EFF provides a helpful
review of ACTA developments over the course of 2011, which included
a signed agreement and a backlash in several countries.
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