Articles by: Michael Geist

Not the First Time We’ve Heard the Uber Story

Appeared in the Toronto Star on July 11, 2015 as Not the First Time We’ve Heard the Uber Story For the past two decades, it has been the Internet’s never-ending story. Established, successful businesses face Internet upstarts who leverage the advantages of a global network and new communications technology to […]

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July 13, 2015 1 comment Columns Archive
Police telephone by Marcin Wichary (CC BY 2.0) https://flic.kr/p/4nidee

Why the New Canadian Telecom Transparency Rules Fall Short

Canadians have become increasingly troubled by reports revealing that telecom and Internet companies receive millions of requests for subscriber data from a wide range of government departments. In light of public concern, some Internet and telecom companies have begun to issue regular transparency reports that feature aggregate data on the number of requests they receive and the disclosures they make.

The transparency reports from companies such as Rogers, Telus, and TekSavvy have helped shed light on government demands for information and on corporate disclosure practices. However, they also paint an incomplete picture since companies have offered up inconsistent data and some of the largest, including Bell, have thus far refused to come clean on past requests and disclosures.

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July 7, 2015 10 comments Columns

Telecom Transparency Reporting Fails to Satisfy

Appeared in the Toronto Star on July 4, 2015 as Telecom Transparency Reporting Fails to Satisfy Canadians have become increasingly troubled by reports revealing that telecom and Internet companies receive millions of requests for subscriber data from a wide range of government departments. In light of public concern, some Internet […]

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July 7, 2015 Comments are Disabled Columns Archive
Gambling Man by Adrian Sampson (CC BY 2.0) https://flic.kr/p/2yjQp

Quebec’s Website Blocking Plan Gambles With the Open Internet

For governments accustomed to wielding their power to regulate local activity, the Internet has long been a source of frustration. From music sites to Uber to AirBNB, online services represent an enormous challenge to conventional government regulation, which typically relies on a jurisdictional hook to compel compliance.

While most reputable global companies can ill-afford to simply ignore laws or court orders, there are still websites that operate largely beyond the reach of government regulation. In response, some governments have attempted to regulate online behaviour, ordering Internet providers to block access to offending websites.

My weekly technology law column (Toronto Star version, homepage version) notes that Canadians have generally been spared website blocking initiatives due in part to the Telecommunications Act, which prohibits carriers from controlling “the content or influence the meaning or purpose of telecommunications carried by it for the public.” That rule means that Internet providers are effectively prohibited from unilaterally blocking content.

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June 30, 2015 10 comments Columns

Quebec Gambles with the Open Internet

Appeared in the Toronto Star on June 27, 2015 as Quebec Gambles With the Open Internet For governments accustomed to wielding their power to regulate local activity, the Internet has long been a source of frustration. From music sites to Uber to AirBNB, online services represent an enormous challenge to […]

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June 30, 2015 2 comments Columns Archive