Columns

The Telecom Takeover of Canada’s Do-Not-Call List

My weekly technology column (Toronto Star version, Ottawa Citizen version, homepage version) focuses on the quiet telecom takeover of the forthcoming national do-not-call list. In the past few months, the do-not-call list details have begun to emerge with the CRTC addressing questions surrounding who will run the list, who will pay for it, and who will investigate consumer complaints. While Canadians might expect most of those responsibilities to rest with the CRTC, the Commission appears to have a far different vision – one that involves a near-complete outsourcing of responsibilities to Canada’s dominant telecommunications companies.

The CRTC was never particularly supportive of the do-not-call list. Indeed, Charles Dalfen, the former CRTC chair, told the Canadian Press in 2004 that a do-not-call list was a good idea, but that the Commission "isn't equipped to administer such a list and doesn't have the power to enforce it properly." Consistent with that perspective, the CRTC has sketched out a system where the do-not-call list would be maintained by a non-governmental entity and paid for primarily by businesses that engage in telemarketing. Complaints would be investigated by the newly-created telecom company-backed complaints commission.

This system has elicited considerable opposition from some marketing, financial, and charitable groups, yet the telecom companies are unsurprisingly supportive since they are literally poised to run the entire operation from registration to investigation.

October 22, 2007 — 2 comments — Columns

Music Industry Needs Dose Of Innovation, Not Intervention

My weekly technology law column (Toronto Star version, Ottawa Citizen version, The Tyee version, homepage version) focuses on the contrast between artists such as Radiohead and Nine Inch Nails that are adopting new distribution models, and the recording industry, which continues to lobby for anti-circumvention legislation. In the weeks leading up to today's Speech from the Throne, CRIA and others lobby groups have urged the government to prioritize intellectual property protection.

While the data suggests that peer-to-peer file sharing is at best only a minor reason for the decline (more significant is competition from DVD and video game sales and the emergence of big box retailers such as Wal-Mart who have pushed down retail prices and decimated sales of older titles), events over the past month have provided the clearest indication yet that musicians and music sellers are charting a new course that is leaving the major record labels behind.

In the mid-1990s, the industry focused on retaining its core business model by emphasizing two strategies. First, it relied on copy-control technologies, supported by additional legal measures, to curtail unauthorized copying. Second, it lobbied for the establishment of a private copying levy on blank media to compensate for the copying that technology could not control.

Ten years later, that strategy is now in tatters.

October 16, 2007 — 7 comments — Columns

Canadians Deserve Better ISP Transparency

My weekly law and technology column (Toronto Star version, Ottawa Citizen version, homepage version) picks up on last week's Leger Marketing survey that found that Canadians are generally unaware of net neutrality issues, yet, when informed of the concern, strongly support the principles that provide the foundation for net neutrality legislation.

Most Canadians can hardly be faulted for being unaware of net neutrality since ISPs have done their best to keep the issue off the public's radar screen. While solving the net neutrality issue will not happen overnight, addressing the lack of transparency associated with Internet services would go a long way toward creating a more informed debate.

October 9, 2007 — 5 comments — Columns

The Future of Privacy: Privacy Threats No Longer “Terra Incognita”

Last week the privacy world gathered in Montreal for the most important global privacy conference on the calendar. The International Data Protection and Privacy Commissioner's conference brings together hundreds of privacy commissioners, government regulators, business leaders, and privacy advocates who spend three days grappling with emerging issues. I was privileged to be asked to provide some concluding remarks in the final plenary and my weekly technology law column (Toronto Star version, Ottawa Citizen version, homepage version) is a shortened version of that address.

This year's conference theme was "Terra Incognita," a reference to the unknown lands that typify the fear of the unknown in a world of rapidly changing technologies that challenge the core principles of privacy protection. Yet despite a dizzying array of panels on new technologies such as ubiquitous computing, radio frequency identification devices (RFID), and nanotechnology, it was a reference by U.S. Secretary of Homeland Security Michael Chertoff to a simple fingerprint that struck the strongest chord.

Canada last hosted the conference in 1996 and it quickly became apparent that privacy has become virtually unrecognizable in the intervening eleven years. The technological challenges were on display throughout the event including eye-opening presentations on the privacy impact of popular children's websites such as Webkinz and Neopets, on genetic innovation that is pushing the boundaries of science without regard for privacy, and on the continual shift toward tiny devices that can be used to collect and disclose personal information.

The conference placed the spotlight the growing "toolkit" of responses, including privacy audits of both public and private sector organizations, privacy impact assessments that are used to gauge the effect of new regulations and corporate initiatives, trust seals that include corporate compliance programs, and emphasis on global cooperation in a world where personal data slips effortlessly across borders. While the effectiveness of these measures has improved in recent years, there remained a pervasive sense that these responses are inadequate.

October 2, 2007 — 2 comments — Columns, Conferences, Keynote Speaking, Video

Navigating Canada’s Copyright Conflicts

The Hill Times runs a special op-ed (HT version (sub required), homepage version) I've written on the political challenges the government faces on copyright reform. I note that in a sure sign of an impending throne speech, copyright lobby groups are out in full force calling on the government to prioritize intellectual property protection in its fall legislative agenda. Despite efforts to put forward a united front, however, what is readily apparent to those close to the process is that copyright reform is rife with conflicts that create a significant political risk and require the expenditure of enormous political capital.

The recent revelations about a potential conflict of interest within the Canadian Heritage Copyright Policy Branch are certainly the most obvious manifestation of conflict concerns. Although perceived conflict issues in this area are nothing new, the existence of a personal relationship between the government’s head of copyright policy and Hollywood's top Canadian lobbyist at a time when the government is pursuing a copyright reform bill raises uncomfortable questions about who knew what and when within Canadian Heritage.

Yet focusing exclusively on this form of conflict would be a mistake, since conflicted agendas, policies, and stakeholders present a more treacherous minefield. These include:

October 1, 2007 — 2 comments — Columns