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La_Fête_à_Macron,_5_mai_2018_—_74 by Jules Xénard [CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0)]

From Innovation to Regulation: Why the Liberals Have Lost Their Way on Digital Policy

The 2015 Liberal campaign platform that vaulted the party from third place to a majority government made a big economic bet that focusing on innovation would resonate with voters and address mounting concern over Canadian competitiveness. Innovation would serve as a guiding principle over the years that followed: The Minister of Industry was reframed as Minister of Innovation, Science and Economic Development, millions were invested in innovation superclusters and global leadership on artificial intelligence was touted as a national priority.

My Globe and Mail op-ed notes that four years later, the 2019 Liberal party platform does not include a single mention of innovation or AI. Instead, it is relying heavily on ill-fitting European policies to turn the Canadian digital space into one of the most heavily regulated in the world. Rather than positioning itself as the party of innovation, the Liberals are now the party of digital regulation with plans for new taxes, content regulation, takedown requirements, labour rules and a new layer of enforcement commissioners.

October 2, 2019 — 3 comments — Columns

Celebrating Ian Kerr

This past week there were two notable celebrations of the life and work of Ian Kerr. First, Jotwell published a remarkable tribute featuring 12 short reviews of some of Ian’s most notable scholarship. The collection speaks both to Ian’s breadth of scholarship covering privacy, copyright, e-commerce, robots, and AI as well as his incredible impact with contributors from around the world. I was privileged to wrote about Ian’s 2005 chapter on digital rights management and anti-circumvention laws.

On Friday, September 27th, the University of Ottawa gathered together for a community celebration of Ian. The full video is embedded below. The event included musical performances and speeches from former students, colleagues, collaborators, and admirers. I was honoured to speak and I have posted my remarks below. The event also provided an opportunity to formally launch the Ian R. Kerr Memorial Fund, which will support students, events, and research. More information on the fund and how to contribute can be found here.

September 29, 2019 — 1 comment — News

“A Broad and Liberal Interpretation”: The Supreme Court of Canada Expands Copyright Users’ Rights

The Supreme Court of Canada today released its decision in Keatley Surveying v. Teranet, a case that involves the application of the Copyright Act’s crown copyright provision to land surveys registered or deposited in provincial land survey offices. The Government of Ontario argued that crown copyright applies to the surveys. The surveyors argued that it did not and were seeking compensation for their inclusion in a database service run by Teranet under licence from the province. The court ruled in favour of the province, concluding that the surveys are covered by current crown copyright provision.

I’ll address the challenges with that decision in an upcoming post, though it is clear that the majority decision written by Justice Abella is open to legislative reform:

September 26, 2019 — 5 comments — News

Canadian wireless carriers by Michael Geist

Can Price Caps or Virtual Competitors Solve Canada’s Wireless Pricing Problem?

Responding to years of consumer frustration with the state of Canadian wireless pricing, Canada’s political parties have propelled the issue on to the election campaign agenda. The telecom giants will disagree, but study after study has found that Canadians pay more for wireless services than consumers in most other developed economies. But though just about everyone agrees we have a problem, my Globe and Mail op-ed notes there remains considerable debate over what to do about it.

September 24, 2019 — 5 comments — Columns

In Memoriam: My Dear Friend and Colleague Ian Kerr

Nearly twenty years ago, Ian Kerr was a rising star in the law and technology field at the University of Western Ontario. He had already published on the role of computers as intelligent agents in the nascent world of electronic commerce and was crafting new courses examining the legal and ethical challenges posed by machines and the law. In the fall of 1999 – about a year after I had arrived at Ottawa – he agreed to a visit to consider coming to help build a leading program focused on law and tech. I spent the day trying to convince Ian to come, offering tours of the law school, the city’s foodie hot spots, and a dinner at my house. My closing argument was that no matter his decision, this was going to happen since Ottawa was ideally situated to lead on tech law and policy and that there was no better place for him, personally or professionally.

I’m heartened that Ian told me during my last visit with him at the Ottawa Hospital that the decision was one of the best he ever made. But I was wrong. This wasn’t just going to happen. It happened because Ian – my colleague, friend, advisor, and professional partner – made it so.

Ian passed away last night after months of battling complications from cancer. He was a singular talent, whose impact not just on the field, but on everyone he worked with, taught, mentored, or lectured will be felt for decades to come.

August 27, 2019 — 71 comments — News