Archive for November, 2011

Mexico’s Largest University to Post Nearly All Publications and Course Materials Online

The National Autonomous University of Mexico, the largest university in Mexico, has said it will make virtually all of its publications, databases, and course materials freely available on the online over the next few years.

November 17, 2011 — Comments are Disabled — News

Hurtlockerdemand

hurtlockerdemand.pdf

November 17, 2011 — Comments are Disabled — General

SOPA: All Your Internets Belong to US

The U.S. Congress is currently embroiled in a heated debated over the Stop Online Piracy Act (SOPA), proposed legislation that supporters argue is needed combat online infringement, but critics fear would create the “great firewall of the United States.” SOPA’s potential impact on the Internet and development of online services is enormous as it cuts across the lifeblood of the Internet and e-commerce in the effort to target websites that are characterized as being “dedicated to the theft of U.S. property.” This represents a new standard that many experts believe could capture hundreds of legitimate websites and services.

For those caught by the definition, the law envisions requiring Internet providers to block access to the sites, search engines to remove links from search results, payment intermediaries such as credit card companies and Paypal to cut off financial support, and Internet advertising companies to cease placing advertisements. While these measures have unsurprisingly raised concern among Internet companies and civil society groups (letters of concern from Internet companies, members of the US Congress, international civil liberties groups, and law professors), my weekly technology law column (Toronto Star version, homepage version) argues the jurisdictional implications demand far more attention. The U.S. approach is breathtakingly broad, effectively treating millions of websites and IP addresses as “domestic” for U.S. law purposes.

The long-arm of U.S. law manifests itself in at least five ways in the proposed legislation.

November 16, 2011 — 58 comments — Columns

The Daily Digital Lock Dissenter, Day 31: CIPPIC

The Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, based at the University of Ottawa, was established in 2003 as Canada’s first legal clinic of its kind (I sit on the faculty advisory board). CIPPIC’s mission includes “to fill voids in public policy debates on technology law issues, ensure balance in policy and law-making processes, and provide legal assistance to under-represented organizations and individuals on matters involving the intersection of law and technology.” CIPPIC’s comments on the digital lock rules on Bill C-32 included:

Unfortunately, the bill also succumbs to U.S. pressure and makes fair dealing — including the new exceptions for the many ordinary activities of Canadians — illegal whenever there is a “digital lock” on a work. A digital lock will trump all other rights, forbidding all fair dealing and keeping a work locked up even after its copyright term expires. Overall, these digital lock provisions are some of the most restrictive in the world.

To achieve a fair balance between users and copyright owners, the government needs to fix the digital lock provisions before this bill passes into law. A fair way to rework this flaw is to ensure that fair dealing with works is always legal, regardless of whether there is a digital lock present.

November 16, 2011 — 1 comment — News

The CRTC’s UBB Decision: Bell Loses But Do Consumers Win?

The CRTC released its much anticipated decision on usage based billing this afternoon, rejecting the wholesale UBB model that came within weeks of taking effect and Bell’s revised Aggregated Volume Pricing model, in favour a capacity-based approach that is closer to that proposed by the independent ISPs and MTS Allstream. The decision is a clear loss for Bell – its hopes to charge based on volume are out (which keeps the door open for independent ISPs to offer unlimited plans) – but the bigger question is whether Canadian consumers are winners.

On the specific decision, the CRTC rejected the UBB model it approved less than a year ago, acknowledging that it was too inflexible and could block independent ISPs from differentiating their services. The issue then boiled down to Bell’s preferred model based on volume and the independent ISPs’ approach who preferred capacity based models. The Commission ruled that capacity-based models are a better approach since they are more consistent with how network providers plan their networks and less susceptible to billing disputes.

With Bell’s preferred approach out of the way, the Commission was left to choose between two capacity models – the independent providers’ “95th percentile” solution and MTS Allstream’s capacity model. The Commission chose a variant on the MTS Allstream model that involves both a monthly access fee and a monthly capacity charge that can increase in increments of 100 Mbps. That model is even more flexible than what MTS proposed, suggesting that the Commission was primarily focused on building in as much flexibility for independent providers as possible. In addition to this model (which the Commission calls an approved capacity model), the large ISPs can continue to use flat rate models which provide for unlimited usage.

November 15, 2011 — 25 comments — News