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Monday December 05, 2005 |
My weekly Law Bytes column (Toronto Star version, freely available version) examines the Liberal minority government' s record on technology law issues. I suggest that much like the underlying policies themselves, the record is a mixed bag. It falls into three groups of developments: (i) completed policies; (ii) policies that stalled when the government fell late last month; and (iii) policies that never quite got off the ground.
The completed policies include the creation of a do-not-call list, upholding the satellite radio decision, and recommitting to a national broadband initiative.
Given the relatively short lifespan of a minority government, it is not surprising that the list of bills that died on the order paper is far longer than those enacted into law. Leading the way is Bill C-60, the government' s much-discussed copyright reform package. Weeks before the government fell, it introduced two additional bills of note. Bill C-74, the Modernization of Investigative Techniques Act, better known as "lawful access", mandated the implementation of new Internet surveillance technologies and granted law enforcement the power to compel disclosure of Internet subscriber information without a warrant. Bill C-83 was introduced with little fanfare and addressed the contentious Internet pharmacy issue by granting the Minister of Health the right to ban pharmaceutical exports.
Joining policies in limbo are the issues that never made it beyond an initial introduction or a public consultation. These include responses to the National Spam Task Force and to the LaForest report that slams the door on a potential merger of the Privacy and Information Commissioner offices. Add in the telecommunications policy review and the long-promised copyright consultations on educational uses of the Internet and private copying, and there are no shortage of policies that never got off the ground.
Of course, it is the many issues that remain unaddressed that ultimately comprise the largest group of policy questions - from potential consultations to the scheduled PIPEDA review to the need for protection against invasive copy-controls such as those secretly used by Sony BMG. The ongoing election campaign will undoubtedly focus on that future, as will my column, which next week turns to the technology law questions that need answers during this winter campaign.
c-37, c-60, copyright, lawful access, liberal party, michael geist, privacy Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareMonday December 05, 2005 |
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Sunday November 27, 2005 |
Bill C-37, the do-not-call bill, is now law in Canada. Much to seemingly everyone' s surprise, the Senate put the bill on the fast track last week and granted it the necessary approvals. Supreme Court Justice Michel Bastarache gave it royal assent late on Friday, minutes before the Senate adjourned. While the Liberals will likely point to the do-not-call legislation as a noteworthy accomplishment, I would argue that it is more realistically an example of how it ultimately caved to a wide range of lobbying interests, leaving behind a statute that will do little to address the problem of annoying telemarketing calls.
The law itself will take effect only once a date is set by the Governor in Council. The statute also includes a mandatory review three years after it comes into force.
c-37, canada, do-not-call legislation, michael geist, privacy, royal assent Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareSunday November 27, 2005 |
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Wednesday November 23, 2005 |
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The Senate committee examining Bill C-37, the do-not-call legislation, has issued its report. So much for oversight and review - the committee left the bill virtually unchanged with the exception of establishing an option for reduced penalties. The bill is now subject to a Senate vote and goes back to the House for a final approval, which may or may not come before Parliament is dissolved.c-37, do not call legislation, michael geist, privacy Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday November 23, 2005 |
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Saturday October 29, 2005 |
For those not closely tracking Hansard and government releases, there have been some noteworthy developments and non-developments in recent days. Bill C-37, the do-not-call bill, is racing through the Senate. The bill is already at second reading with some commentary from the Senators. No word on whether additional hearings on the bill are planned.
Meanwhile, the Internet pharmacy issue is back on the table. The House of Commons plans to hold a special debate on the issue on Tuesday. Forthcoming sometime soon in the House will apparently be the introduction of anti-spam legislation. Industry Minister David Emerson announced on Wednesday that the government would be following the National Task Force on Spam' s recommendation by pushing forward with new anti-spam legislation by the end of the year.
Finally, on Thursday Government House leader Tony Valeri presented plans for the coming week. Once again, Bill C-60 was nowhere to be found (nor was there any mention of lawful access). With the government off the week of November 7th, that pushes second reading of the copyright bill back to at least mid-November.
c-37, c-60, copyright, do-not-call, geist, spam Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareSaturday October 29, 2005 |
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