Archive for May, 2011

Clement Commits to Open Data

New Treasury Board President Tony Clement has said he’s committed to advancing the government’s open data efforts. Clement noted that initaitive is consistent with what he was trying to do as Industry Minister on the digital economy strategy.

Read more ›

May 24, 2011 Comments are Disabled News

Web Surveillance Legislation Requires Study, Not Speed

With the new Parliamentary session scheduled to kick off within the next few weeks, two major initiatives will dominate the initial legislative agenda: passing a budget and introducing an omnibus crime bill that contains at least 11 crime-related bills. My weekly technology law column (Toronto Star version, homepage version) notes the prioritization of the crime legislation is consistent with the Conservative election platform, which included a commitment to bundle all the outstanding crime and justice bills into a single omnibus bill and to pass it within the new Parliament’s first 100 days.

The Conservatives argue that the omnibus approach is needed since the opposition parties “obstructed” passage of their crime and justice reforms during successive minority governments. Yet included within the crime bill package is likely to be legislation creating new surveillance requirements and police powers that has never received extensive debate on the floor of the House of Commons and never been the subject of committee hearings.

The package is benignly nicknamed “lawful access,” but isn’t benign. If the Conservatives move forward with their complete lawful access package, it would feature a three-pronged approach focused on information disclosure, mandated surveillance technologies, and new police powers.

Read more ›

May 20, 2011 32 comments Columns

The Cabinet Shuffle: Why a New Industry Minister May Not Mean Changed Policies or Big Delays

Yesterday’s cabinet shuffle sparked considerable discussion over the implications for digital policy issues including the digital economy strategy, telecom, copyright, and privacy (Reuters, Globe, Nowak). The changes – which see James Moore remain at Canadian Heritage but install Christian Paradis as the new Industry Minister – create a new ministerial combination that is often tasked with jointly addressing issues such as copyright and communications policy.

Tony Clement made digital policies a core part of his agenda both in terms of prioritizing the issues and using technology to actively communicate and interact with the public. Given the uncertainty of Paradis’ priorities and the need to become familiar with some complex files, it is understandable that many speculate the cabinet shuffle will slow the process of change and possibly alter the substance. I must admit that I’m not so sure. Every minister has the chance to put their own mark on departmental policies, but I suspect both the core substance of Canadian digital policy and the speed of change will remain largely unchanged.

Read more ›

May 19, 2011 9 comments News

Is Access Copyright Claiming a Trademark in ©?

Howard Knopf points to Access Copyright’s revised site design that includes a trademark notice on the © symbol. A search of the trademark database does not show an attempted registration of the © alone.

Read more ›

May 19, 2011 55 comments News

UK IP Report Recommends Creating New Copyright Exceptions, Warns Against Over Regulation

The much-anticipated UK Independent Review of IP and Growth, typically referred to as the Hargreaves report, was released this morning. The report focuses on how intellectual property laws can stifle innovation and urges the UK government to enact reforms that remove legal barriers to economic growth (James Boyle, who served as expert advisor to the review, gives his take here). For example, it notes:

Because IPRs grant a form of monopoly, an overly rigid and inflexible IP framework can act as a barrier to innovation. When a firm has acquired exclusive rights over its innovative technology or content, other firms will be able to learn from that technology or see the content, but may be unable to use them for further innovation unless licensing can be agreed. IPRs can constrain third parties wishing to access or innovate on top of this protected knowledge or content, with potentially serious economic and social costs.

The report also notes that a considerable amount of IP policy is often not based on economic evidence, citing as examples the EU database directive and the extension of the term of copyright.

Read more ›

May 18, 2011 3 comments News