Columns

Information security by Ervins Strauhmanis (CC BY 2.0) https://flic.kr/p/umPu7S

Why the FBI’s Apple iPhone Demands Are Rotten to the Core

The U.S. government’s attempt to invoke a centuries-old law to obtain a court order to require Apple to create a program that would allow it to break the security safeguards on the iPhone used by a San Bernardino terrorist has sparked an enormous outcry from the technology, privacy, and security communities.

For U.S. officials, a terrorism related rationale for creating encryption backdoors or weakening user security represents the most compelling scenario for mandated assistance. Yet even in those circumstances, companies, courts, and legislatures should resist the urge to remove one of the last bastions of user security and privacy protection.

My weekly technology law column (Toronto Star version, homepage version) argues that this case is about far more than granting U.S. law enforcement access to whatever information remains on a single password-protected iPhone. Investigators already have a near-complete electronic record: all emails and information stored on cloud-based computers, most content on the phone from a cloud back-up completed weeks earlier, telephone records, social media activity, and data that reveals with whom the terrorist interacted. Moreover, given the availability of all of that information, it seems likely that much of the remaining bits of evidence on the phone can be gathered from companies or individuals at the other end of the conversation.

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March 1, 2016 4 comments Columns
Premier Wynne speaks and watches a live music performance at Music Canada's Annual General Meeting held at Horseshoe Tavern in Toronto by Premier of Ontario Photography (CC BY-NC-ND 2.0) https://flic.kr/p/eVmSay

Secret Spending & Weak Results: Why the Ontario Government’s Music Fund Strikes the Wrong Note

Earlier this month, the British Columbia government unveiled a new $15 million music fund to support the local music industry. The fund matches a similar Ontario initiative that has doled out nearly $30 million over the past two years with a commitment from Premier Kathleen Wynne to make the Ontario Music Fund a permanent program to support the industry.

The millions of taxpayer dollars earmarked for the music industry represents a major success for the industry lobby, which shifted several years ago from focusing on digital copyright reform to identifying new sources of government financial support.

My weekly technology law column (Toronto Star version, homepage version) notes that despite the industry accolades, the Ontario program suffers from a surprising lack of transparency with virtually no public information on how the money is actually spent. Moreover, according to documents obtained under provincial access to information laws, the Liberal government has exaggerated the impact of the first round of funding with the creation of relatively few new full-time positions and limited international investment in the province.

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February 23, 2016 3 comments Columns
Ottawa City Hall by Lord of the Wings© (CC BY-SA 2.0) https://flic.kr/p/4PJ1QX

City Councils Strike Back in Bell Broadband Battle

The Canadian battle over broadband services has taken an unexpected turn in recent weeks as Bell’s effort to win high profile support for its appeal of a crucial ruling issued by Canada’s telecom regulator appears to have backfired. After support from Toronto Mayor John Tory and Ottawa Mayor Jim Watson for the telecom giant came to light, city councillors in both cities fought back with motions rejecting the mayors’ positions and expressing support for more competitive Internet services.

My weekly technology law column (Toronto Star version, homepage version) notes that the issue started with a July 2015 Canadian Radio-television and Telecommunications Commission decision that extended policy measures designed to support independent Internet providers to emerging fast fibre connections. The ruling meant that Bell would be required to share their infrastructure with independent carriers on a wholesale basis. The policy guarantees Bell a profit on the connections, but also promotes increased competition that should provide consumers with more choice and better pricing.

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February 16, 2016 3 comments Columns
The Death of the Newspaper Business by Thomas Hawk (CC BY-NC 2.0) https://flic.kr/p/aa7yyW

Why Journalism is not Dying in the Digital Age

The ongoing financial struggles of Canadian businesses that have traditionally delivered the news – particularly newspapers and local broadcasters – have generated considerable discussion and consternation over the past month. With significant layoffs, newspaper closures, and testimony before Canada’s broadcast regulator that the cost of delivering local news is unsustainable, there have been mounting calls for new funding programs, studies, or other measures to address the issue.

My weekly technology law column (Toronto Star version, homepage version) notes that much of the commentary emphasizes the critical link between a strong, independent media and holding governments at all levels to account for their actions. While there is little debate over the essential role of journalism, the tougher question is whether emerging digital alternatives can provide an effective substitute.

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February 12, 2016 5 comments Columns
Reunión-almuerzo con Líderes de APEC que forman parte del TPP by Gobierno de Chile (CC BY 2.0) https://flic.kr/p/Bc8mWf

The Trouble With the TPP, Day 23: On Signing Day, What Comes Next?

Later today, the 12 countries that make up the Trans Pacific Partnership, a massive global trade deal that includes Canada, the United States, and Japan, will gather in New Zealand to formally sign the agreement (the official signing day is February 4th, but with time zone differences, the signing ceremony starts at 5:30 pm ET on the 3rd). Signing the TPP is a major step forward for the controversial treaty, but questions still abound over whether it will be ratified and take effect. The Trouble with the TPP series, which I initially planned to wrap up today having examined issues ranging from copyright term extension to the weak cultural exception, takes a one-day break from substantive concerns to focus on the future. However, given that there are still some important issues to be considered, the series will continue well into this month.

While the Liberal government has been cautious about expressing its support – International Trade Minister Chrystia Freeland has been consistent in calling for consultation not conclusions – the decision to sign the TPP was never much in doubt. The agreement contains incentives to be an “original signatory”, since only those countries qualify for the rules related to entry into force of the agreement. To stay on the sidelines at this early stage might have kept Canada out of the TPP for good.

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February 3, 2016 7 comments Columns