Columns

Moore’s Mission: Put the Canadian Digital Economy Back on Track

One of the headliners behind last week’s federal government cabinet shuffle was the shift of James Moore, formerly the Minister of Canadian Heritage, to Industry Canada. The Minister of Industry position holds the promise of having a significant impact on the Canadian economy, as the department is responsible for everything from competition policy to foreign investment reviews to telecommunications regulation.

Christian Paradis, now the former Industry minister, never seemed particularly interested or engaged in the portfolio. He disappeared on legislative initiatives (Moore assumed the lead over a copyright bill that was technically Paradis’ responsibility and his privacy bill never left the starting gate), allowed regulations to languish (the anti-spam regulations are years overdue), and failed to articulate an overarching vision for key sectors such as the digital economy.

While inaction might have few consequences in a smaller department, my weekly technology law column (Toronto Star version, homepage version) notes the policy failures at Industry slowly began to accumulate and emerged as a mounting problem for the broader economy. Indeed, the Prime Minister’s Office appears to have assumed control over the telecom file earlier this year, emphasizing the need for greater competition and consumer rights in a series of moves designed to welcome foreign giants such as Verizon to Canada.

Moore undeniably brings better communications skills, more energy, and experience with several of the portfolio’s most contentious issues, generating great expectations for future actions. What might Canadians expect from Industry Minister Moore?

July 23, 2013 — 7 comments — Columns

The “Miracle in Marrakesh” Provides a New Path for Digital Access

Negotiators from around the world gathered in Marrekesh, Morocco late last month for a diplomatic conference aimed at concluding a new United Nations treaty to improve access to copyrighted works for people who are blind or have other perceptual disabilities. Despite years of discussions, there was ample reason for pessimism.

My weekly technology law column (Toronto Star version, homepage version) notes the treaty talks had become bogged down in the months leading up to the conference, with large lobby groups such as the Motion Picture Association working feverishly behind the scenes to undermine it through changes to rules on digital locks and fair use.

As the deadline approached however, the majority of the world lined up behind user rights for the blind. With Canada playing an important facilitative role, the negotiators were ultimately able to craft compromise language that resulted in a new landmark treaty. More than 50 countries immediately signed on, suggesting that the treaty is well on its way to establishing new rights for the blind (20 countries must ratify it before the treaty formally takes effect).

July 17, 2013 — Comments are Disabled — Columns

Verizon Entry to Canada Could Spark Shift Toward Single North American Communications Market

Reports that U.S. telecom giant Verizon may be preparing to enter the Canadian market has sparked considerable speculation on the likely impact of a company with a market cap greater than Bell, Rogers, and Telus combined. While much of the discussion has centered on wireless pricing, my weekly technology column (Toronto Star version, homepage version) argues that the more significant development may be the shift toward a single North American communications market.

Canada and the U.S. share much of the same communications infrastructure – the same North American numbering plan (calling codes), closely aligned spectrum policies, and easy access to broadcast signals along the border – yet for decades the two systems have been separated through regulation. Foreign ownership restrictions, Canadian content requirements, and simultaneous substitution policies (which lead to the annual complaints about missing U.S. commercials during the Super Bowl) have all ensured that the two markets remain distinct.

In recent years, new technologies have slowly chipped away at the communications divide.

July 10, 2013 — 8 comments — Columns

Happy Canada Day: Celebrating Canada’s Digital Policy Success Stories

As Canadians grapple with news of widespread secret surveillance, trade agreements that could upend intellectual property policy, and the frustrations of a failed wireless policy, there are plenty of digital policy concerns. Yet on Canada Day, my weekly technology law column (Toronto Star version, homepage version) argues that it is worth celebrating the many positive developments that dot the Canadian digital policy landscape. Eight of the best include:

1. The Supreme Court of Canada’s strong affirmation of user rights and technological neutrality in copyright. Canada’s highest court stands as the most pro-user court in the world as it has repeatedly emphasized the need to strike a balance between creator rights and user rights. Its decisions, which include a record five copyright cases handed down in a single day last year, are cited by many as the best approach to reward creators and promote new innovation.

July 1, 2013 — 2 comments — Columns

Debating Surveillance and the Law in Canada

The recent stories about surveillance in the United States and Canada have generated increased debate in the media over the issue and I’ve been privileged to participate in several discussions. Last week, I sat down with Nick Taylor-Vaisey of Maclean’s to discuss the issue. The full interview is now posted here. Further, CBC’s Cross-Country Check-Up spent two hours discussing surveillance and privacy on Sunday’s show. I appeared as a guest at about the 54 minute mark. Yesterday, I also participated in a far-ranging debate on surveillance and transparency on TVO’s The Agenda. The video version of the program should be online shortly, but in the meantime a podcast version is available.

Finally, my technology law column (Toronto Star version, homepage version) this week focuses again on the disconnect between 20th century laws and 21st century surveillance. It notes that revelations about secret surveillance in the United States involving both Internet-based communications and the collection of metadata from all cellphone calls immediately raised questions about the possibility of Canadian involvement or the inclusion of Canadian data. Given the common communication infrastructure and similarities between Canadian and U.S. laws, it seemed likely that Canada was engaged in much of the same activities. Within days, it was reported that Canada has its own metadata surveillance program, with the ministerial approval coming in 2011 from Defence Minister Peter McKay.

June 18, 2013 — 11 comments — Columns