Columns

One Phone Call is Not Enough: Court Rules You Have the Right to Google a Lawyer

Hollywood crime dramas are infamous for the scene when an accused is taken to a local police station and permitted a single phone call to contact a relative or lawyer. While the storyline is myth – there is no limit on the number of phone calls available to an accused or detainee – a recent Alberta case established a new, real requirement for law enforcement. After a 19-year old struggled to find a lawyer using the telephone, the court ruled that police must provide an accused with Internet access in order to exercise their right to counsel.

Christopher McKay, who faced a driving while under the influence charge, told police that he wanted to exercise his right to legal counsel. McKay’s cellphone and other personal belongings were placed in a police locker when he arrived at the station. McKay was told there was a toll-free number available to contact a lawyer as well as White and Yellow pages that could be consulted. He called the toll-free number but was unable to find assistance.

My weekly technology law column (Toronto Star version, homepage version) notes that what followed was the product of a demographic deeply familiar Hollywood movies and reliant on the Internet. McKay assumed that he had used his single phone call and did not consider using directory assistance (411), which he did not think was a “viable search engine.” Instead, he noted that Google was his main method to search for information.

February 19, 2013 — 17 comments — Columns

Businesses Think Anti-Spam Law Should Protect Them, Not Consumers

For the past month, business groups from across the country have waged an extraordinary campaign against Canada’s anti-spam legislation. With the long overdue law likely to take effect by year-end, groups such as the Canadian Chamber of Commerce, the Canadian Federation of Independent Business, and the Canadian Marketing Association, have launched an all-out blitz to carve out large loopholes in the law and exempt highly questionable conduct.

My weekly technology law column (Toronto Star version, homepage version) notes that the business groups’ chief concern is that the law moves Canada toward a stricter “opt-in” privacy approach that requires marketers to obtain customer consent before sending commercial electronic messages. The move will provide Canadians with greater control over their in-boxes, while also resulting in more effective electronic marketing campaigns for businesses.

February 15, 2013 — 10 comments — Columns

CRTC Should Be Bolder With Wireless Code

The Canadian Radio-television and Telecommunications Commission unveiled its much-anticipated draft wireless code of conduct lasts week, offering a promise of new, enforceable protections for consumers. The draft code, which is open for public comment until mid-February, generated a mixed reaction. Some consumer groups welcomed it as a step in the right direction. But other commentators were left underwhelmed, disappointed that the code does little to address consumer frustrations with issues such as long-term wireless contracts and exorbitant roaming fees.

My weekly technology law column (Toronto Star version, homepage version) notes the draft code features some welcome changes to the current wireless landscape, including the possibility of consumer cancellation of contracts when providers change key terms, clear limits on contract termination penalties, and monthly bill caps when additional fees are incurred (thereby reducing the likelihood of bill shock after a trip abroad). Perhaps most importantly, the code is enforceable, backed by the possibility of monetary compensation of up to $5,000.

Yet the draft code ultimately disappoints, since its underlying philosophy is that consumer frustrations with the Canadian wireless market can be best addressed by more information.

February 5, 2013 — 13 comments — Columns

CRTC Should Put Consumers First and Drop ‘Must Carry’ Requirements

Canadians frustrated with ever-increasing cable and satellite bills received bad news last week with the announcement that the Canadian Radio-television and Telecommunications Commission will consider whether to require cable and satellite companies to include nearly two-dozen niche channels as part of their basic service packages. If approved, the new broadcast distribution rules would significantly increase monthly cable bills with consumers forced to pay for channels they may not want.

My weekly technology law column (Toronto Star version, homepage version) notes that two issues sit at the heart of the broadcast distribution rules. First, whether the CRTC should grant any broadcaster mandatory distribution across all cable and satellite providers such that all subscribers are required to pay for them as part of their basic packages. Second, in the absence of mandatory distribution, whether broadcast distributors should be required to at least offer the services so that consumers have the option of subscribing.

January 29, 2013 — 35 comments — Columns

Swartz’s Death Places Spotlight on More Open Access To Information

The Internet community has been reeling for the past week as it grapples with the suicide of Aaron Swartz, a prominent digital rights activist who left a remarkable legacy for a 26-year old. Swartz’s contributions are used by millions of people every day as he played a key role in developing the specifications for RSS (which makes it easy to syndicate online content), Creative Commons licences (which makes is easy to make creative works freely available), and the popular website Reddit.

My weekly technology law column (Toronto Star version, homepage version) notes that while much of the immediate focus has centered on mental health issues, draconian computer crime laws, and the bewildering prosecution of Swartz for downloading millions of academic articles – a U.S. prosecutor was seeking as much as 35 years in jail despite the fact that Swartz did not benefit from the downloads and the source of the articles did not want to pursue legal action – the more notable legacy was his effort to make information more openly and freely available.

January 22, 2013 — 9 comments — Columns