Post Tagged with: "digital policy"

Fight for your digital rights! by Oliver Wunder (CC BY-NC-SA 2.0) https://flic.kr/p/p3dwKa

Maximum Mudslinging: How Powerful Lobby Groups Are Working to Sideline Civil Society Voices on Digital Policy

With just over a year to go before the 2019 Canadian national election, the upcoming fall Parliamentary session will undoubtedly feature a renewed urgency to pass legislative proposals and craft new policies that will form the basis for future election platforms. Digital issues will surely feature prominently including the copyright review and Copyright Board reform, website blocking proposals, privacy safeguards, the broadcast and telecom review, a national data policy, and the implementation of the IP strategy. The same is true elsewhere with Europe to again consider copyright reform, the U.S. assessing privacy rules, and many other countries engaged in digital policy initiatives. However, just as the broader public is finding its voices on these issues with policy submissions, petitions, and efforts to ensure that a public interest perspective is a core part of the process, the traditional lobby groups that have long dominated the policy discourse are steadily working to undermine those efforts with cries of user voices being “mob-driven“, “hacking“, or “disinformation.”

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August 22, 2018 4 comments 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.

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November 1, 2017 Comments are Disabled Keynote Speaking, News, Video
170120-D-PB383-047 by Chairman of the Joint Chiefs of Staff (CC BY 2.0) https://flic.kr/p/RfxDS6

The Trouble for Canadian Digital Policy in an ‘America First’ World

Canadian digital policy over the past decade has been marked by a “made-in-Canada” approach that ensures consistency with international law but reflects national values and norms. On a wide range issues – copyright rules, net neutrality, anti-spam legislation, and privacy protection among them – the federal government has carved out policies that are similar to those found elsewhere but with a more obvious emphasis on striking a balance that includes full consideration of the public interest.

My Globe and Mail opinion piece notes that as with many issues, the burning question for the Liberal government is whether the Canadian digital policy approach can survive the Donald Trump administration. Trade pressures are likely to present Canada with an enormous challenge in maintaining its traditional policy balancing act since the United States is already using tough talk to signal demands for change. This suggests that many Canadian policies will be up for negotiation, although there are some potential opportunities that reside outside of the trade talk spotlight.

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January 25, 2017 Comments are Disabled Columns
TPP protest at U.S. Trade Representative Office 11-16-2015 by Vision Planet Media (CC BY-NC-ND 2.0) https://flic.kr/p/B9fQ4K

Why the TPP is a Canadian Digital Policy Failure

The official release of the Trans Pacific Partnership (TPP), a global trade agreement between 12 countries including Canada, the United States, and Japan, has sparked a heated public debate over the merits of the deal. Leading the opposition is Research in Motion founder Jim Balsillie, who has described the TPP as one of Canada’s worst-ever policy moves that could cost the country billions of dollars.

My weekly technology law column (Toronto Star version, homepage version) notes that as Canadians assess the 6,000 page agreement, the implications for digital policies such as copyright and privacy should command considerable attention. On those fronts, the agreement appears to be a major failure. Canadian negotiators adopted a defensive strategy by seeking to maintain existing national laws and doing little to extend Canadian policies to other countries. The result is a deal that the U.S. has rightly promoted as “Made in America.” [a video of my recent talk on this issue can be found here].

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November 18, 2015 10 comments Columns
Justin Trudeau at Canada 2020 by Canada 2020 (CC BY-NC-ND 2.0) https://flic.kr/p/uRp7J7

Real Change on Digital Policy May Take Time Under New Liberal Government

A Liberal majority government will undoubtedly mean big things for digital policy in Canada.  At the start of a new mandate, many will hope that a new party will lead to a significant change on telecom, broadcast, copyright, and privacy. With a majority mandate, there is certainly time to tackle these issues. My guess, however, is that real change will take some time. The Liberal platform did not focus on digital issues and other than the promised reforms to Bill C-51 and much-needed open government and transparency initiatives, most will have to wait.

The real action – and perhaps real change – will take place in 2017. By that time, the U.S. election will have concluded and the future of the Trans Pacific Partnership will be much clearer. Canada will surely start studying the TPP once it is finally released, but any steps toward ratification would likely depend on the U.S. position on the agreement. With Hillary Clinton currently opposed to the deal, its ratification is far from certain.

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October 20, 2015 14 comments News