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

Will Canada Stand Up for the Rights of the Visually Impaired?

New technologies have opened the door to greater access for millions of people who are visually impaired, yet copyright law frequently stands in the way. This is particularly true in the developing world, where digital works are often unavailable due to legal restrictions. My weekly technology law column (Ottawa Citizen version, homepage version) notes that on June 17, delegates from around the world will gather in Marrakesh, Morocco for a diplomatic conference to negotiate the final text on a new United Nations treaty that is designed to improve access to copyrighted works for people who are blind or have other perceptual disabilities.

The Treaty for the Visually Impaired, which has been the subject of years of discussion at the World Intellectual Property Organization, seeks to address the access problem in two ways.

June 12, 2013 — 2 comments — Columns

Can Canada’s Failed Wireless Policy Be Saved?

This is wireless week in Canada with the CRTC unveiling its consumer wireless code on Monday and Industry Minister Christian Paradis scheduled to make an important wireless announcement on Tuesday morning in Ottawa. In anticipation of the focus on telecom issues, my weekly technology law column (Toronto Star version, homepage version) assessed whether Canada’s failed wireless policy can be saved.

The column opened by noting that earlier this year, Industry Minister Christian Paradis released the Canadian government’s strategy to increase competition in the wireless sector. Acknowledging the challenges, Paradis promised to “continue to pay close attention to what is going on and to make sure that our policies reflect the fact that we want to achieve the goal of having more competition.”

June 3, 2013 — 8 comments — Columns

Canada’s Lack of Innovation an Emerging Crisis

The political world may have been focused last week on crises at the Senate and the Toronto mayor’s office, but a new report from the government’s Science, Technology and Innovation Council quietly pointed to a serious, emerging economic crisis. The STIC reported that Canada’s research and development performance is lagging behind the world’s leading economies, continuing a disturbing decade-long decline.

My weekly technology law column (Toronto Star version, homepage version) notes the STIC report is the third produced since 2008, but the first to sound an unmistakable alarm on worrying trends that could have dire long-term consequences for the Canadian economy. Simply put, based on the latest data, Canada cannot be regarded as a serious player when it comes to innovation.

May 30, 2013 — 11 comments — Columns

Next on the Canadian Copyright Reform Agenda: Clean Up the Mess at the Copyright Board

With the latest phase of Canadian copyright reform now complete, the government may soon turn to the question of what comes next. Given last year’s major legislative overhaul and the landmark series of copyright decisions from the Supreme Court of Canada, significant substantive changes are unlikely to be on the agenda for the foreseeable future.

Instead, my weekly technology law column (Toronto Star version, homepage version) argues that it is time for the government to set its sights on the Copyright Board of Canada, a relatively obscure regulatory body that sets the fees to be paid for the use of copyright works. The Board is largely unknown in public circles, but it has played a pivotal role in establishing the costs associated with private copying (including a one-time iPod levy), educational copying, and the use of music by Canadian broadcasters.

The litany of complaints about the Board has mounted in recent years: the public rarely participates in its activities due to high costs, it moves painfully slowly by only issuing a handful of decisions each year, and its rules encourage copyright collectives and users to establish extreme positions that make market-driven settlements more difficult.

Moreover, over the past ten months, the Supreme Court has ruled that its approach to fair dealing was unreasonable, the Board itself admitted to palpable error in a decision that resulted in a hugely inflated tariff, and it has ignored the will of Parliament in reshaping Canadian copyright law. The Board may keep a steady stream of lawyers and economists busy, but it is time to acknowledge that it is broken.

May 21, 2013 — 3 comments — Columns