Articles by: Michael Geist

Why the U.S. Government Isn’t Really Relinquishing its Power over Internet Governance

Appeared in the Toronto Star on March 22, 2014 as Why the U.S. Government Isn’t Really Relinquishing Power Over Internet Governance Earlier this month, the U.S. government surprised the Internet community by announcing that it plans to back away from its longstanding oversight of the Internet domain name system. The […]

March 25, 2014 — Comments are Disabled — Columns Archive

The Web We Want: Could Canada Lead on a Digital Bill of Rights?

Last week marked the 25th anniversary of the drafting of Tim Berners-Lee’s proposal to combine hypertext with the Internet that would later become the World Wide Web. Berners-Lee used the occasion to call for the creation of a global online “Magna Carta” to protect the rights of Internet users around the world.

The desire for enforceable global digital rights stands in sharp contrast to the early days of the Web when advocates were more inclined to tell governments to stay away from the burgeoning medium. For example, John Perry Barlow’s widely circulated 1996 Declaration of the Independence of Cyberspace, asked governments to “leave us alone”, claiming that conventional legal concepts did not apply online.

While the notion of a separate “cyberspace” would today strike many as inconsistent with how the Internet has developed into an integral part of everyday life, the prospect of a law-free online environment without government is even more at-odds with current realities. Rather than opposing government, there is a growing recognition of the need for governments to ensure that fundamental digital rights are respected.

My weekly technology law column (Toronto Star version, homepage version) notes that building on Berners-Lee’s vision of global online protections, the World Wide Web Foundation, supported by leading non-governmental organizations from around the world, has launched a “Web We Want” campaign that aims to foster increased awareness of online digital rights. The campaign focuses on five principles: affordable access, the protection of personal user information, freedom of expression, open infrastructure, and neutral networks that do not discriminate against content or users.

March 19, 2014 — 30 comments — Columns

The Web We Want: Could Canada Lead on a Digital Bill of Rights?

Appeared in the Toronto Star on March 15, 2014 as The Web We Want: Could Canada Lead on a Digital Bill of Rights? Last week marked the 25th anniversary of the drafting of Tim Berners-Lee’s proposal to combine hypertext with the Internet that would later become the World Wide Web. […]

March 18, 2014 — Comments are Disabled — Columns Archive

Why Are Canadian Wireless Carriers Increasing Prices? Because They Can

Yesterday, I was contacted by a Toronto radio station wanting to discuss wireless pricing increases that have occurred over the past few months (including increases over the weekend at both Rogers and Bell). Their key question was what lay behind the increased prices? While some might point to reduced roaming revenues or costs associated with the spectrum auction, I believe the answer is far simpler.

The carriers increased prices because they can.

Indeed, this is precisely what the Competition Bureau of Canada concluded could and would happen in its analysis of the wireless environment in Canada. In its January 29, 2014 submission to the CRTC, it stated:

March 18, 2014 — 21 comments — News

Canadian Authors & Publishers: We Demand Education Talk To Us As Long As It Leads to New Payments

The Canadian Copyright Institute, an association of authors and publishers, has released a new paper that calls on the Canadian education community to stop relying on its current interpretation of fair dealing and instead negotiate a collective licence with Access Copyright. The paper was apparently published in the fall but is being released publicly now since Canadian education groups have refused to cave to Access Copyright’s demands.

The CCI document, which raises some of the same themes found in an Association of Canadian Publisher’s paper that distorts Canadian copyright law (thoroughly debunked by Howard Knopf), features at least three notable takeaways: the shift to threats of government lobbying, long overdue admissions that the value of the Access Copyright licence has declined, and emphasis on arguments that have been rejected by the courts and government. There are also three notable omissions: the fact that the overwhelming majority of copying in schools is conducted with publisher permission, the role of technological neutrality, and the relevance of other copyright exceptions. By the end of the document, the CCI and Access Copyright work to fabricate a new fair dealing test that is inconsistent with Supreme Court of Canada rulings as they call for dialogue so long as it leads to a new collective licence.

March 14, 2014 — 6 comments — News