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.
Columns
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.
Tariff 22 Continues – SOCAN Seeks 25% Levy on iTunes
My regular Law Bytes column (non-registered version or Toronto Star version, homepage version) highlights the continuing saga of Tariff 22. SOCAN, a leading Canadian copyright collective, recently filed a revised application that targets all websites that communicate music to the public. The tariff proposal includes an astonishing 25 percent of gross revenue for music download services and 15 percent for webcasters. When combined with other tariff proposals, Canada's collectives are seeking at least 40 percent of gross revenues from music download services, representing a far greater threat to the business model than peer-to-peer file sharing.
Recent Posts
The Name on the Window Was Enough: The Attacks on Kiva’s and the Normalization of Antisemitic Violence in Canada 
The Law Bytes Podcast, Episode 277: Kate Robertson on the Risks That Lie Behind Canada’s Unexpected Signing of the UN Cybercrime Convention 
A Surveillance Treaty in Disguise: The Trouble With Canada’s Quiet Decision to Sign the UN Cybercrime Convention 
Rushing Lawful Access Backfires: Wyden Letter on Bill C-22 Highlights Political, Trade and Business Risks 
The Law Bytes Podcast, Episode 276: Information Commissioner Caroline Maynard on Canada’s Access to Information Failures and Why Access Delayed is Access Denied
