Columns

Time To Cast A Vote Against E-Voting

My weekly Law Bytes column (Toronto Star version, homepage version ) discusses the upcoming municipal elections in Ontario and the growing use of electronic voting machines and Internet voting. For example, several Ontario municipalities, including Markham and Peterborough, now offer Internet-based voting, enabling local residents to vote without leaving their homes. Closer examination of electronic and Internet voting reveals some significant dangers that should not be overlooked, however.

Democracy depends upon a fair, accurate, and transparent electoral process with outcomes that can be independently verified. Conventional voting accomplishes many of these goals – private polling stations enable citizens to cast their votes anonymously, election day scrutineers offer independent oversight, and paper-based ballots provide a verifiable outcome that can be re-counted if necessary.

While technology may someday allow us to replicate these essential features online, many of them are currently absent from Internet voting, which is subject to any number of possible disruptions, including denial of service attacks that shut down the election process, hacks into the election system, or the insertion of computer viruses that tamper with election results.

Electronic voting machines are similarly prone to error.

October 23, 2006 — 9 comments — Columns

Does YouTube Deal Foreshadow Licensed P2P?

My weekly Law Bytes column (Toronto Star version, homepage version , BBC version ) examines the parallels between YouTube and Napster, asking whether the YouTube – Google deal might foreshadow licensed peer-to-peer systems. While some media companies, including Time Warner, speculated publicly late last week about possible lawsuits, it is […]

October 16, 2006 — 3 comments — Columns

The Parallel Politics of the Environment and Copyright

The Hill Times this week features my special op-ed (Hill Times version, homepage version) on the parallels between the environment and copyright as mainstream political issues. The similarities start with language – environmental advocates speak of protecting the environment and sustainable resources, while copyright advocates focus on the need to […]

October 9, 2006 — 3 comments — Columns

ICANN Sacrifices Privacy for Shot at Independence

My weekly Law Bytes column (Toronto Star version, BBC version, homepage version) examines the recent agreement between ICANN and the U.S. government. Late last month, ICANN took a major step toward addressing some ongoing concerns by signing a new agreement with the U.S. government entitled the Joint Project Agreement. ICANN immediately heralded the JPA as a "dramatic step forward" for full management of the Internet's domain name system through a "multi-stakeholder model of consultation." It added that the agreement grants it unprecedented independence by removing many of the U.S. government’s oversight controls. These include the elimination of a twice-annual reporting requirement to the U.S. Department of Commerce (ICANN will instead release a single annual report targeted to the full Internet community) and a shift away from the highly prescriptive policy responsibilities featured in the original ICANN contract.

While the JPA may indeed represent an important change, a closer examination of its terms suggest that there may be a hidden price tag behind ICANN newfound path toward independence – the privacy of domain name registrants.

October 9, 2006 — Comments are Disabled — Columns

Tech Law Research Hurt By Budget Cuts

My weekly Law Bytes column (Toronto Star version , homepage version ) examines last week's announcement that the Conservative government plans to cut funding for the Law Commission of Canada. I cite a series of important technology law research projects, noting that the common link is that the LCC, an independent law reform agency that advises Parliament on how to improve and modernize Canada’s laws, has provided the necessary financial support.

Government has limited capacity to conduct comprehensive research analysis on its own, leaving it increasingly dependent on outside contractors or academic studies to support its policy work.

October 2, 2006 — 2 comments — Columns