Columns

Stop Spam, CC0 Creative Commons https://pixabay.com/en/stop-spam-spam-road-sign-mail-940526/

Better Marketing and Reduced Spam: New Data Demonstrates that Canada’s Anti-Spam Law is Working

Few Canadian laws have sparked as much animosity from the business community as Canada’s anti-spam legislation (CASL). The law, which took effect in 2014, has faced a barrage of complaints regarding its breadth and cost of implementation. Yet as a House of Commons committee nears the conclusion of a statutorily-mandated CASL review, it has become increasingly clear that the law has worked.

My Globe and Mail op-ed notes that while spam has obviously not disappeared from anyone’s inbox, the law never envisioned eradicating the proliferation of spam, spyware, malware, and other online ills. Rather, new data disclosed at the committee review reveal that Canada is a now a world anti-spam leader, resulting in more effective e-commerce campaigns and a significant reduction in the number of spam organizations operating within Canada.

October 31, 2017 — 2 comments — Columns

free consultation by russell davies (CC BY-NC 2.0) https://flic.kr/p/4jxLPq

Too Much of a Good Thing: What Lies Behind Canada’s Emerging Consultation Crisis

After years of often feeling excluded from the policy making and legislative process, many civil society groups were excited by the prospect of a new government committed to public consultations and feedback. The Liberal government moved quickly to consult on all manner of issues, providing hope that an emphasis on participatory democracy would lead to better policies and an opportunity to incorporate a broader range of perspectives.

My op-ed in today’s Hill Times notes that two years into the Liberal mandate, the consultative process is now a well-established part of how policy is developed. It is nice to be asked for your opinion, but Canada is increasingly facing a consultation crisis as the sheer volume of hearings, notices, and consultations can be overwhelming.

October 25, 2017 — 4 comments — Columns

IMG_20170926_090441.jpg by Council of Canadians (CC BY-NC-SA 2.0) https://flic.kr/p/XQuufC

Life After NAFTA: Why No Deal May Free Canada on Intellectual Property Policy

The Senate Open Caucus held a two-hour panel on NAFTA modernization last week with the intention of exploring the benefits and costs of re-working Canada’s most significant trade agreement. In light of signals that the United States be laying the groundwork to cancel the existing deal, however, the discussion quickly turned to the challenges and opportunities of life after NAFTA.

My role on the panel was to focus on NAFTA’s intellectual property and e-commerce implications. My Globe and Mail op-ed notes that to my surprise, the shift in focus to a post-NAFTA world was liberating, opening the door to considering Canadian policies that have previously been viewed as unattainable given intense U.S. pressure on intellectual property policy that favours “Americanization” of global rules. A world without NAFTA would unquestionably be a shock to the economic system, but it would also free the government to establish made-in-Canada IP policies that better reflect domestic values and pursue trade agreements that use international standards as the baseline rather than U.S. demands.

October 23, 2017 — 2 comments — Columns

What Is it to Be Human in the Fourth Industrial Revolution? by World Economic Forum (CC BY-NC-SA 2.0) https://flic.kr/p/Q2JwZA

Joly’s Challenge: Digital Cancon Without New Digital Tax Dollars

After months of public consultation and debate, Canadian Heritage Minister Mélanie Joly will unveil the government’s plan for Canadian content in a digital world this week. Joly launched the digital Cancon consultation in the spring of 2016 by emphasizing that all policy options were on the table, but the choices have narrowed considerably in recent months.

My Globe and Mail op-ed notes that a potential Netflix tax was a non-starter due to a 2015 election campaign commitment, Prime Minister Justin Trudeau eliminated the possibility of an Internet tax in June, and the government has steadfastly (and rightly) defended net neutrality, meaning there will be no mandated prioritization of Canadian content on the Internet.

September 27, 2017 — 2 comments — Columns

Pen English Consent Check Off Ankreuzen Contract CC0 Public Domain http://maxpixel.freegreatpicture.com/Pen-English-Consent-Check-Off-Ankreuzen-Contract-2052052

Why Clicking “I Agree” May No Longer Mean You Agree to Everything

Facebook lost a major legal showdown at the Supreme Court of Canada last week, as the court refused to enforce a forum selection clause included in its standard online contract requiring that legal actions against it be brought in California. In doing so, the court paved the way for a privacy class action lawsuit to proceed in British Columbia under provincial privacy law.

My Globe and Mail op-ed notes that a majority of the court ruled that the unequal bargaining power between consumers and companies such as Facebook meant that the clause should not be enforced. While the ruling can be narrowly interpreted as an affirmation of the importance of privacy rights and as a rebuke to companies that seek to contract out of those rights through forum selection clauses, the decision could have a far more reaching effect, forcing a re-examination of non-negotiated online contracts.

June 27, 2017 — 5 comments — Columns