Columns

What's on the blacklist? Three sites that SOPA could put at risk by opensource.com (CC BY-SA 2.0) https://flic.kr/p/aZhtRV

Should Canadian Courts Decide What the World Gets to See Online?

The challenge of jurisdiction and the Internet has long been one of the most contentious online legal issues. Given that the Internet has little regard for conventional borders, the question of whose law applies, which court gets to apply it, and how it can be enforced is seemingly always a challenge.

Striking the right balance can be exceptionally difficult: if courts are unable to assert jurisdiction, the Internet becomes a proverbial “wild west” with no applicable law. Conversely, if every court asserts jurisdiction, the Internet becomes over-regulated with a myriad of potentially conflicting laws vying to govern online activities.

My weekly technology law column (Toronto Star version, homepage version) notes that in recent years, courts in many countries have adopted a reasonable balance where they are willing to assert jurisdiction over online activities or companies where there is a “real and substantial” connection, but they limit the scope of enforcing their rulings to their own jurisdiction. In other words, companies cannot disregard local laws where they operate there, but courts similarly should not disregard the prospect of conflicting rules between different countries.

June 27, 2014 — 5 comments — Columns

Treaty for the Blind T-Shirts by Timothy Vollmer (CC BY 2.0) https://flic.kr/p/5SXhgK

Why Has Canada Still Not Signed the WIPO Copyright to Support the Blind?

Countries from around the world last year reached agreement on a landmark copyright treaty designed to improve access to works for the blind and visually impaired. As the first copyright treaty focused on the needs of users, the success was quickly billed the “Miracle in Marrakesh” (the location for the final round of negotiations) with more than 50 countries immediately signing the treaty.

The pact, which was concluded on June 27, 2013, established a one-year timeline for initial signatures, stating that it was “open for signature at the Diplomatic Conference in Marrakesh, and thereafter at the headquarters of WIPO [the World Intellectual Property Organization] by any eligible party for one year after its adoption.”

My weekly technology law column (Toronto Star version, homepage version) notes that in the months since the diplomatic conference, 67 countries have signed it. The list of signatories includes most of Canada’s closest allies, including the United States, European Union, United Kingdom, and France. The major developing economies such as Brazil, China, and India have also signed the agreement. Curiously absent from the list of signatories, however, is Canada.

The issue was raised in the House of Commons by NDP MP Peggy Nash, leading to the following exchange with Industry Minister James Moore:

June 18, 2014 — 11 comments — Columns

Proposed Data Breach Disclosure Rules Leave Too Many Canadians in the Dark

News last week of a stunning data breach at a Toronto-area hospital involving information on thousands of mothers places the proposed Digital Privacy Act squarely in the spotlight. Bill S-4, which was introduced two months ago by Industry Minister James Moore, features long overdue data breach disclosure rules.

My weekly technology law column (Toronto Star version, homepage version) notes the new rules would require organizations to notify individuals when their personal information is lost or stolen through a data or security breach. Most other leading economies established similar rules years ago, recognizing that they create much-needed incentives for organizations to better protect our information and allow individuals to take action to avoid harms such as identity theft when their information has been placed at risk.

While the mandatory data breach rules can be an effective legislative privacy tool, they only work if organizations actually disclose breaches in a timely manner. Bill S-4 establishes tough penalties for failure to notify affected individuals, but unfortunately undermines its effectiveness by setting a high notification standard such that Canadians will still be kept in the dark about many breaches, security vulnerabilities, or systemic security problems.

June 9, 2014 — Comments are Disabled — Columns

Surveillance: America's Pastime by Jared Rodriguez / t r u t h o u t; Adapted: naixn, Jason Smith / feastoffun.com) (CC BY-NC-SA 2.0)

Why Has the Canadian Government Given Up on Protecting Our Privacy?

In recent years, it has become fashionable to argue that Canadians no longer care about their privacy. Supporters of this position note that millions of people voluntarily post personal information and photos about themselves on social media sites, are knowingly tracked by Internet advertising giants, and do not opt-out of “targeted” advertising from telecom companies. Yet if the past few months are any indication, it is not Canadians that have given up on privacy. It is the Canadian government.

My weekly technology law column (Toronto Star version, homepage version) notes the public response to the tidal wave of stories regarding widespread surveillance, the 1.2 million government requests to telecom companies for customer information, and the growing number of security breaches suggest that many Canadians are deeply concerned about the protection of their privacy. However, many feel helpless in the face on recent revelations and wonder whether the government is prepared to tighten privacy rules and establish stronger oversight.

June 3, 2014 — 10 comments — Columns

CBC Vancouver - Wanderin'-The-Corridors by kris krüg (CC-BY-SA 2.0), https://flic.kr/p/2jXse

What if the CBC Really Put Everything Up for Review?

The future of broadcasting has emerged as a hot issue with Canada’s broadcast regulator effectively putting everything up for grabs as part of its comprehensive TalkTV review of broadcasting regulation. Acknowledging the dramatic shift in the way Canadians access and interact with broadcasting, reforms to seemingly untouchable policies such as simultaneous substitution, genre protection, and over-the-air broadcasting are all on the table.

The Canadian Radio-television and Telecommunications Commission has effectively acknowledged that the world has changed and policies based on a different landscape merit a review. In the current market, scarcity has given way to abundance and broadcasters have ceded considerable control to consumers’ demands to watch what they want, when they want.

My weekly technology law column (Toronto Star version, homepage version) notes that Canada’s public broadcaster, the Canadian Broadcasting Corporation, is undergoing a similar review. If recent comments from its president Hubert Lacroix are any indication, however, there is no willingness to radically rethink its future. In a speech earlier this month to the Canadian Club of Montreal, Lacroix devoted much of his time to lamenting the budgetary challenges faced by CBC with unfavourable comparisons to support for public broadcasting in other countries.

May 27, 2014 — 15 comments — Columns