Columns

The Untold Story Behind the LAC-Canadiana Digitization Plan

The need for a large-scale Canadian digitization strategy has been readily apparent for many years, with experts repeatedly pointing to the benefits that would come from improved access to Canadian history and culture. While other countries have marched ahead with ambitious projects that often incorporate historical text records, photographs, and video, Canada has fallen behind.

Library and Archives Canada, which is charged with preserving and making accessible Canada’s documentary heritage, has led the digitization effort, but most of its work over the past decade has failed to bear much fruit.

Given the past disappointments, my weekly technology law column (Toronto Star version, homepage version) notes the launch a massive new digitization project should have been a cause for celebration. Last June, the LAC and Canadiana, an alliance of public and academic libraries focused on digital preservation, announced plans to digitize and create metadata on 60 million historical Canadian documents. The documents are currently in microfiche and the project envisions digitizing the images and adding transcriptions and metadata (data about data content) to improve their searchability.

Yet as the details of the project dubbed HÃ©ritage leaked out, controversy arose with concerns that the historical documents would be placed behind a paywall that would require individual Canadians to pay monthly fees for access. That generated a significant outcry from many groups, with then-Canadian Heritage Minister James Moore assuring the House of Commons that the new head of LAC would closely examine the project.

After the outcry subsided, however, HÃ©ritage began to proceed largely as planned. The key supporters of the project – Canadiana, the major library associations, and the LAC – tried to assure critics that their concerns were unfounded, promising to make the digitized microfiche copies freely available to all and restricting additional fees to value-added services such as transcription or metadata. However, newly obtained documents under the Access to Information Act raise troubling questions about public access and promises of exclusivity made by the LAC.

October 1, 2013 — 12 comments — Columns

How Canada Can Put Digital Consumers First

Reports over the past week have indicated that the government plans to unveil a “consumer first” agenda for its upcoming Speech from the Throne. The speech, which will set out the federal legislative and policy agenda for the next two years, is widely viewed as the unofficial start of the 2015 election campaign.

My weekly technology law column (Toronto Star version, homepage version) notes there is little doubt that the battle over wireless pricing, which hit a fever pitch over the summer in a very public fight between Industry Minister James Moore and the incumbent telecom companies, will figure prominently in any consumer agenda. The government is convinced that it has a winner on its hands – consumer frustration with Canada’s high wireless prices suggests that they’re right – and will continue to emphasize policies geared toward increasing competition.

Yet a consumer first agenda should involve more than just taking on the telcos on spectrum (or the airlines over their pricing practices). A digital consumer first agenda should prioritize several other issues that have similar potential to strike a chord with Canadians across the country. At the heart of those digital issues are two ongoing consumer concerns: pricing and protections.

September 25, 2013 — 11 comments — Columns

Canada Complicit in Undermining Internet Privacy

As the tidal wave of disclosures on widespread U.S. surveillance continues – there is now little doubt that the U.S. government has spent billions creating a surveillance infrastructure that covers virtually all Internet and wireless communications – the question of Canada’s role in these initiatives remains largely shrouded in secrecy.

The Canadian government has said little, but numerous reports suggest that agencies such as the Communications Security Establishment Canada (the CSE is the Canadian counterpart to the U.S. National Security Agency) are engaged in similar kinds of surveillance. This includes capturing metadata of Internet and wireless communications and working actively with foreign intelligence agencies to swap information obtained through the data mining of Internet-based surveillance.

My weekly technology law column (Toronto Star version, homepage version) notes the active connection between Canadian and U.S. officials moved to the forefront last week with reports that Canadian officials may have played a starring role in facilitating U.S. efforts to create a “backdoor” to widely used encryption standards. That initiative has been described as “undermining the very fabric of the Internet.”

September 17, 2013 — 8 comments — Columns

Regulated Wireless Roaming Fees May Be on the Way

The Labour Day weekend ended with a bang for telecom watchers as Verizon, the U.S. giant that was contemplating entering the Canadian market, announced that it was no longer interested in moving north. That decision represents a major loss for consumers, who would have benefited from greater choice and increased competition.

Yet days before the Verizon change of heart, the Canadian Radio-television and Telecommunications Commission released its own noteworthy announcement, issuing a request for information to all Canadian wireless companies on their roaming pricing. The request, which covers everything from roaming agreements with U.S. companies to roaming revenues and consumer costs, may be the start of a long-overdue effort to reign in Canadian roaming fees that the OECD has reported are amongst the highest in the world.

The Commission acknowledged mounting concern over roaming fees, which kick in whenever Canadians use their wireless devices outside the country (and occasionally within the country when a provider does not offer their own service). After attempts to gather data from publicly available information failed to provide a clear picture, the CRTC initiated the request for information, much of which has never been made publicly available.

Based solely on the readily accessible information, however, my weekly technology law column (Toronto Star version, homepage version) notes that roaming fees render typical usage of cellphones when out of the country unaffordable for most Canadians.

September 10, 2013 — 9 comments — Columns

Canadian Universities Navigate Learning Curve for New Copyright Rules

As students and faculty prepare to head back to campus this week, many will be greeted by new copyright guidelines that clarify how materials may be used without the need for further permission or licensing fees. Just over a year after the Supreme Court of Canada released five landmark copyright decisions in a single day and the Canadian government passed copyright reform legislation over a decade in the making, the education community has begun to fully integrate the new copyright landscape into campus policies.

My weekly technology law column (Toronto Star version, homepage version) notes the new rules are significant since they grant teachers and students far more flexibility to use portions of materials without the need for copyright collective licences. The changes come as a result of the expansion of fair dealing, the Canadian equivalent of the U.S. fair use rules. The government expanded the scope of fair dealing to explicitly include education as a recognized purpose in 2012, while the Supreme Court has repeatedly emphasized the importance of a broad, liberal interpretation to fair dealing in order to ensure an appropriate balance in copyright law.

With those developments in hand, Canadian educational institutions crafted a general fair dealing policy last year confirming that educators can rely on fair dealing to use up to ten percent of a copyright-protected work (or a single article, a chapter from a book, a newspaper article, or a poem or photograph taken from a larger collection) without the need for a licence provided they meet a six-factor test.

September 4, 2013 — 1 comment — Columns