Columns

Government Caves to Lobbying Pressure on Anti-Spam Legislation

Canada’s anti-spam legislation was back in the news last week as the government unveiled revised regulations that may allow for the law to finally take effect next year. Canada is one of the only developed economies in the world without an anti-spam law and lengthy delays have created considerable uncertainty.

My weekly technology law column (Toronto Star version, homepage version) notes that calls for Canadian anti-spam legislation date back to 2005, when a national task force recommended enacting laws to target spam, spyware, and other online harms (I was a member of the task force). The government passed the anti-spam law in December 2010, with many expecting a quick introduction of the accompanying regulations that would allow the law to take effect. After business groups criticized draft regulations released in June 2011, however, the government hit the pause button, leaving the law in limbo.

January 15, 2013 — 3 comments — Columns

Courts Adopt Aggressive Approach in Cross-Border Internet Jurisdiction Cases

In a world where data now moves effortlessly between computers on the Internet without regard for geographic borders, is the appearance of a website on a computer screen sufficient for a court to claim that a trademark has been used in the country? Is the use of a computer server enough to assert jurisdiction over a non-resident? My weekly technology law column (Toronto Star version, homepage version) notes that two recent cross-border cases – one Canadian and one U.S. which both pitted a U.S. company against a Canadian individual – found that it is.

The Canadian case involved a trade-mark dispute over the mark VRBO. Martin Hrdlicka, a Toronto resident, registered the mark in Canada in 2009. Just over a year later, Homeaway.com, a U.S. company that owns the popular VRBO.com site, sought to expunge the trade-mark on the grounds that Hrdlicka was not entitled to register the mark and had no intent to use it.

Homeaway.com’s legal challenge was that the company had no operations in Canada, though many Canadians may have accessed its U.S.-based website. Trade-mark law requires some use of the mark in Canada, yet the “use” in this case was largely confined to the availability of the VRBO website on computer screens.

January 9, 2013 — 6 comments — Columns

Crystal Ball Gazing at the Year Ahead in Tech Law and Policy

Given that few would have predicted that Internet protests last year would have led to the defeat or delay of legislation in the United States (the Stop Online Piracy Act) and Canada (Internet surveillance legislation) as well as spell the end for the Anti-Counterfeiting Trade Agreement in Europe, a new round of predictions for what lies ahead amounts to little more than guesswork. With that caveat in mind, my weekly technology law column (homepage version, Toronto Star version) provides a month-by-month look at what 2013 may have in store for technology law and policy.

January. The government opens the New Year by releasing proposed anti-spam regulations with promise that the long-delayed law will take effect by 2014. The regulations leave no one satisfied as they water down the law with a host of new exceptions and exclusions that limit requirements for businesses to obtain consent before sending unsolicited marketing materials.

January 3, 2013 — 7 comments — Columns

The Letters of the Law: The Year in Tech Law from A to Z

From the remarkable battle over the Stop Online Piracy Act to the massive public backlash against Internet surveillance in Canada, law and technology issues garnered headlines all year long. A look back at 2012 from A to Z: A is for Astral, the Canadian broadcasting giant that was to be […]

December 27, 2012 — 3 comments — Columns

The Tax-Free Six Step Approach to a Digital Economy Strategy

Several months ago in a speech to the Economic Club of Canada, Industry Minister Christian Paradis promised to unveil a Canadian digital economy strategy by the end of the year. Unless there is a late December surprise, however, 2012 will end in the same manner as every other year – with Canada as one of the only developed economies without a clear plan for success in the online environment.

The digital economy strategy file – dubbed the Penske file due to years of “work” with no results – now stands an unequivocal failure. Despite a public consultation on the issue and numerous models to emulate, the government has puzzlingly been unable to develop a coherent vision for Canada’s digital future.

The government could have pointed to any number of developments – copyright reform, anti-spam legislation, research tax credit changes, a pro-consumer approach at the Canadian Radio-television and Telecommunications Commission, the forthcoming spectrum auction, and reversal of the hated Internet billing dispute – as evidence that it has been active on the issue. Yet without a clear map for the future, the efforts are understandably perceived to be a policy mish-mash without a clear target.

How to fix the digital economy strategy mess in a fiscal environment where there is little, if any, money available to pay for it? My weekly technology law column (Toronto Star version, homepage version) points to a tax-free digital economy strategy that would have six components.

December 18, 2012 — 3 comments — Columns