Canada’s national spam task force today delivered its report to Industry Minister David Emerson. I was a member of the task force and served as the co-chair of the law and regulatory working group.
Columns
The Wrong Analogy, More on the CRTC VoIP Decision
My regular Law Bytes column (freely available linked version, Toronto Star version, homepage version) focuses on the CRTC’s VoIP decision. I begin by noting that when the Internet burst onto the public stage in the mid 1990s, legal scholars initially relied on analogies to identify an appropriate legal framework. Likening the Internet to the "Law of the Sea" or the "Law of Outer Space, their hope was that an existing body of law would provide a ready made solution to the Internet’s inevitable legal challenges. The approach failed, however, as the complexity of the Internet, as well as the genuinely novel issues it raised, rendered each successive proposal unsatisfactory.
IP Bullied List Needed To Counter U.S. Trade and IP Linkage
My weekly Law Bytes column (freely available hyperlinked version, Toronto Star version, homepage version) focuses on the recent USTR Special 301 report and its specific criticisms of Canada's copyright plans. The column highlights the gradual escalation of U.S. linkage of trade and intellectual property protection and calls for the creation of new IP Bullied List that would include at least a dozen countries bullied into agreeing to stronger IP laws, along with a Bullied Watch List that would include dozens of countries currently negotiating similar trade agreements.
Face to Face With the Great Firewall of China
My regular Law Bytes column (free hyperlinked version; Toronto Star version, homepage version) reflects on a recent trip to China and the frustrations I encountered dealing with censorship of the Internet. Despite similar appearances with broadband access in my Beijing hotel, I found sites blocked, email downloads short-circuited, and Google searches cut off.
Intellectual Property’s Digital Divide
My weekly Law Bytes column (freely available hyperlinked version, Toronto Star version, homepage version) assesses the recent WIPO Development Agenda meeting, pointing to the need to bridge the divide between the United States and the Friends of Development coalition.