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I appeared earlier this week before the Senate Open Caucus to discuss the IP and e-commerce implications of the NAFTA renegotiation. The panel, which included Jerry Dias, Al Mussel, and Brenda Swick, featured an engaging discussion with senators from across the political spectrum. My opening remarks emphasized three points from a Canadian perspective: meeting international standards, doing no harm, and seeking a level playing field. The comments are posted below.
Blog
Government Rejects Call for an Internet Tax: “Conflicts With Principle of Affordable Access”
The federal government yesterday released its response to the Standing Committee on Canadian Heritage report on local media released last June. The most controversial recommendation in that report – one swiftly rejected by Prime Minister Trudeau – was a call for a new Internet tax to help fund Canadian media and the creation of Cancon. As I wrote at the time, the proposal is a terrible idea that runs counter to important policy objectives of fostering affordable network access for all Canadians.
The government response, signed by Ministers Joly, Bains, and Morneau, rightly notes that “access to affordable broadband Internet, particularly in rural and remote regions, is essential to the participation of the Canadians in the digital economy.” In light of this policy priority, the government firmly rejects the Internet tax proposal, grounding its decision in the principle of affordable access:
The Case for CASL: My Appearance Before the Standing Committee on Industry, Science and Technology
The Standing Committee on Industry, Science and Technology is conducting a review of CASL, Canada’s anti-spam law. While the usual critics are out in full force, I had the opportunity to appear before the committee yesterday to explain why there is real harm, why CASL has helped solve the problem, and why claims that the law is overbroad are overstated. Of particular note was the discussion involving the significant decline in the number of major spamming organizations operating in Canada since the law took effect. Three years ago, Spamhaus’ Register of Known Spamming Organizations listed Canada as home to 7 of the top 100 spamming organizations worldwide (who are responsible for 80% of global spam). Canada’s presence on the ROKSO list has been dramatically reduced with only two Canadian-based organizations remaining on the list, suggesting that spam originating in Canada has experienced a significant decline. My full opening remarks are posted below.
Prioritizing the Public Interest: My Submission on Copyright Board of Canada Reform
The government’s consultation on reform to the Copyright Board of Canada recently closed with a plan for reform expected to be unveiled in the coming months. My submission to the consultation is posted below. It focuses on two areas. First, it emphasizes the overriding goal of any public institution or administrative tribunal: serving the public interest. In doing so, it points to three issues: public participation, the independence of members of the Copyright Board, and regulation and transparency of copyright collectives.
On this last issue, I note the close linkage between the parties that appear or are affected by board decisions and reform of the board itself. While the consultation document maintains that governance of collecting societies is beyond the scope of the consultation, I argue that solely addressing administrative powers wielded by the board without also assessing the rules pertaining to participation before the board will not adequately address concerns regarding the function of the board itself. In other words, the who and the how are inextricably linked and must be addressed concurrently.
Border and Airport Privacy: My Appearance Before the Standing Committee on Access to Information, Privacy and Ethics
The Standing Committee on Access to Information, Privacy and Ethics has been conducting a much-needed study on the privacy issues arising from the border and airports. The study has attracted considerable media attention, with the Privacy Commissioner of Canada warning about U.S. border phone searches and the CBSA promising to begin tracking cellphone searches. I appeared before the committee late last month alongside the Canadian Bar Association and privacy expert Kris Klein. The full transcript can be found here.
My opening remarks are posted below. I focused on four issues to consider in trying to address airport and border privacy concerns: Privacy Act reform, information sharing within government, the applicability of Charter rights at the border, and the role of the NAFTA negotiations.
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