Columns

Canada’s Digital Divide Likely to Widen Due to Access and Adoption Failures

The state of Internet access in Canada has been the subject of considerable debate in recent years as consumers and businesses alike assess whether Canadians have universal access to fast, affordable broadband that compares favourably with other countries. A new House of Commons study currently being conducted by the Standing Committee on Industry, Science and Technology offers the chance to gain a better understanding of the strengths and weaknesses of Canadian high-speed networks and what role the government might play in addressing any shortcomings.

The study is ongoing, yet my weekly technology law column (Toronto Star version, homepage version) notes that two issues are emerging as key concerns: access and adoption.

April 10, 2013 — 5 comments — Columns

Quebec Court Rejects eBay’s Online Contract Opening Door to Local Lawsuit

Few things are more common on the Internet than the lengthy, largely incomprehensible, online contracts that are often buried at the bottom of web pages with a simple link to “terms”. These agreements sometimes run dozens of pages if printed out and invariably transfer all responsibility and liability to the user, while selecting a jurisdiction clause that is advantageous to the website and inconvenient to most users.

Consumers agree to these contracts dozens of times each day (sometimes proactively by clicking that they agree and most other times by impliedly agreeing to the terms by using the website), but the enforceability of all the terms within the agreement remains an open question.

The law has removed most uncertainty about whether an electronic contract can be enforceable – it can – but ensuring that the form of the contract is valid does not mean that all of its provisions will be enforced by a court. My weekly technology law column (Toronto Star version, homepage version) notes that last month, a Quebec court provided an important reminder that some provisions may not be enforced, as it rejected eBay’s standard terms which require all disputes to be adjudicated in California.

April 4, 2013 — 10 comments — Columns

What’s Really Behind Canada’s Anti-Counterfeiting Bill?

With only limited fanfare, earlier this month Industry Minister Christian Paradis introduced Bill C-56, the Combating Counterfeit Products Act. Since no one supports counterfeit products – there are legitimate concerns associated with health and safety – measures designed to address the issue would presumably enjoy public and all-party support. Yet within days of its introduction, the bill was the target of attacks from both opposition parties and the public.

The NDP raised the issue during Question Period in the House of Commons, accusing the government of trying to implement the widely discredited Anti-Counterfeiting Trade Agreement (ACTA) “through the backdoor.” The public also picked up on the issue, noting that the bill appears to be less about protecting Canadians and more about caving to U.S. pressure (the U.S. called on Canada to implement ACTA on the same day the bill was tabled).

My weekly technology law column (Toronto Star version, homepage version) notes the concerns associated with the bill fall into two main categories: substance and ACTA implementation. The substantive concerns start with the decision to grant customs officials broad new powers without court oversight. Under the bill, customs officials are required to assess whether goods entering or exiting the country infringe any copyright or trademark rights.

March 13, 2013 — 11 comments — Columns

Lights, Camera, Kickstarter: How Internet Crowdfunding Is Changing the Way Movies are Funded

The movie Argo may have picked up the biggest prize in last week’s Academy Awards ceremony, but it was the Best Documentary Short winner that had many on the Internet buzzing. Inocente, a film about a 15-year old homeless girl who dreams of becoming an artist, took home the Oscar and in the process became the first Internet crowdsource funded film to win Hollywood’s biggest award. Last year, the film raised $52,527 on Kickstarter, a crowdsource funding website that has raised over US$100 million to support the creation of independent films.

My weekly technology law column (Toronto Star version, homepage version) notes that the emergence of crowdsource funding – or crowdfunding – points to the power of the Internet as an important source of financial support for independent creators, whether film makers, musicians, software programmers, or authors. Crowdfunding enables creators to raise funds through small contributions from the public by publicizing their project using the Internet and social media sites. Crowdfunding success stories encompass new products, companies, and community initiatives, but movies have fared particularly well.

March 5, 2013 — 6 comments — Columns

Internet Surveillance Bill is Dead but Canada’s Telecom Transparency Gap is Alive and Well

The government’s recent decision to kill its online surveillance legislation marked a remarkable policy shift. The outcry over the plan to require Internet providers to install surveillance capabilities within their networks and to disclose subscriber information on demand without court oversight sparked an enormous backlash, leading to the tacit acknowledgment that the proposal was at odds with public opinion.

While many Canadians welcomed the end of Bill C-30, my weekly technology law column (Toronto Star version, homepage version) notes the year-long battle over the bill placed the spotlight on an ongoing problem with the current system of voluntary disclosure of subscriber information: Internet providers and telecom companies disclose customer information to law enforcement tens of thousands of times every year without court oversight.

February 26, 2013 — 10 comments — Columns