Columns

Copyright by Dennis Skley (CC BY-ND 2.0) https://flic.kr/p/pZ2G1V

The Upcoming 2017 Copyright Act Review: What Next for Canadian Copyright

This week Policy Options launched a new series on copyright reform with plans to provide perspectives from across the spectrum. I was delighted to write the first published piece, which starts by making the case that the Conservative government got far more right than wrong in 2012. Canadian copyright law is widely regarded as one of the most innovative in the world with unique, forward-looking provisions (non-commercial user generated content, notice-and-notice) and flexible fair dealing. The last five years have largely achieved what the government had in mind as the days of labelling Canada a “piracy haven” are over, the cultural industries such as movies and music are enjoying record earnings, and new digital services have found great success in Canada.

So, as Parliament prepares for a review of the law later this year, what’s next for Canadian copyright?

June 13, 2017 — 5 comments — Columns

Locky ransomware: payment by Christiaan Colen (CC BY-SA 2.0) https://flic.kr/p/SNGSzc

Now More Than Ever, Canada Needs a Strong Anti-Spam Law

Canada’s anti-spam legislation has long been the law that Corporate Canada loves to hate. Months before it was slated to take effect in 2014, there were ominous warnings about how regulation would bring commercial e-mail to a screeching halt, banning everything from large-scale business marketing efforts to emails promoting a neighbourhood lemonade stand.

My regular Globe and Mail technology op-ed notes that nearly three years later, e-mail marketing is alive and well in Canada as many have adjusted to the tougher privacy standards that require informed consent prior to sending commercial electronic messages. Moreover, in a world where malware and ransomware have become serious cybersecurity threats touching millions of Internet users, the inclusion of antimalware provisions has proven prescient since they give authorities the legal tools to participate in global enforcement efforts.

May 30, 2017 — 6 comments — Columns

Translations by Quinn Dombrowski (CC BY-SA 2.0) https://flic.kr/p/8CUAGo

Why Copyright Law Poses a Barrier to Canada’s Artificial Intelligence Ambitions

The federal government placed a big bet in this year’s budget on Canada becoming a world leader in artificial intelligence (AI), investing millions of dollars on a national strategy to support research and commercialization. The hope is that by attracting high-profile talent and significant corporate support, the government can turn a strong AI research record into an economic powerhouse.

Funding and personnel have been the top policy priorities, yet other barriers to success remain. For example, Canada’s restrictive copyright rules may hamper the ability of companies and researchers to test and ultimately bring new AI services to market.

What does copyright have to do with AI?

My Globe and Mail column notes that making machines smart – whether engaging in automated translation, big data analytics, or new search capabilities – is dependent upon the data being fed into the system. Machines learn by scanning, reading, listening or viewing human created works. The better the inputs, the better the output and the reduced likelihood that results may be biased or inaccurate.

May 18, 2017 — 2 comments — Columns

Obama in the Backseat: Rally to Save the Internet by Stacie Isabella Turk/Ribbonhead (CC BY-SA 2.0) https://flic.kr/p/osRvjr

Why Canada’s Net Neutrality Commitment Places Consumers in Control

Canada seemed lost when it came to Internet policy a little over a decade ago. The government showed scant interest in the technicalities of Internet services and the Canadian Radio-television and Telecommunications Commission stood idly by as leading Internet providers engaged in traffic shaping to limit speeds of some applications and mused openly about new fees for the right to transmit content to subscribers. Internally, government policy makers were seemingly untroubled that telecom companies were gearing up to be gatekeepers of Internet content.

My regular Globe and Mail column notes those early Internet policies are unrecognizable today as Canada has emerged as a world leader in supporting net neutrality, the principle that all content and applications should be treated equally and that choices made by Internet users should be free from ISP or telecom interference. The policies do not guarantee Internet success – no law does – but it signals a clear commitment to placing consumers and creators in the Internet driver’s seat.

May 2, 2017 — 2 comments — Columns

What is on Television Tonight by Trey Ratcliff (CC BY-NC-SA 2.0) https://flic.kr/p/t1pU6

The Internet as Cable: The Risk of Treating Telecommunications as Cultural Policy

Canadian Heritage Minister Mélanie Joly travels to California this week with an agenda that includes meetings with Internet giants such as Google and Facebook. Given the recent announcement in the budget that the government plans to “review and modernize” the Broadcasting Act and Telecommunications Act, the discussions may help shape an issue that could have a profound impact on the Internet in Canada as there are concerns the government may attempt to shoehorn Canadian cultural policies into telecommunications law.

My Globe and Mail column notes that Ms. Joly’s consultation last year on Cancon in a digital world revealed there is a strong appetite within the traditional Canadian culture lobby for bringing policies such as cultural taxes and mandated Cancon requirements to the Internet. The groups claim the Internet is rapidly replacing the conventional broadcast system as a means of distributing cultural content and that the longstanding analog rules should be shifted into the digital environment.

April 19, 2017 — 5 comments — Columns