Columns

Putting Some Substance into Canada’s Digital Economy Penske File

Industry Minister Christian Paradis paid a visit to the Economic Club of Canada in Toronto last week to deliver a speech focused on the digital economy. As has been the case for months, the speech was short on specifics but filled with platitudes about a forthcoming digital economy strategy that “challenges our innovators” and “drives new technology.”

Yet despite promises of a strategy by the end of the year, the issue remains the government’s “Penske File”, a source of regular speeches and much “work” but few tangible results (for non-Seinfeld watchers, the Penske file is a reference to a non-existent work project). In fact, with Paradis telling attendees that the government’s role ” is to give our best and brightest the opportunities they need to succeed and then get out of the way” the strategy may be about as ambitious as the character George Costanza was on the Seinfeld show.

My weekly technology law column (Toronto Star version, homepage version) notes that Canadians have waited years for a digital economy strategy. Paradis should dispense with the well-worn cliches and opt for an ambitious plan that generates genuine excitement and broad public support.

September 4, 2012 — 6 comments — Columns

How To Address Canadian Media Convergence if Bell – Astral is Approved

Summer is rarely a time of heated broadcast policy battles, but the proposed Bell – Astral merger has generated considerable public attention and fostered a growing war of words between Bell and groups that have banded together under the “Say No to Bell” banner.

The anti-merger campaign, supported by consumer groups as well as several leading cable and telecom companies, has garnered tens of thousands of signatures on an online petition and the Canadian Radio-television and Telecommunications Commission has received more than 1,700 submissions on the deal.

Despite the mounting public opposition, my weekly technology law column (Toronto Star version, homepage version) argues that stopping the $3 billion merger remains a longshot as none of the big three – government, the CRTC, or the Competition Bureau – seems ready to call it off.

August 29, 2012 — 8 comments — Columns

Public Safety Shuffle Could Allow for an Internet Surveillance Restart

Sometime in the next few weeks, Public Safety Minister Vic Toews is expected to be appointed to the Manitoba Court of Appeal. The Toews appointment is among the worst kept secrets in Ottawa, with the move causing a domino effect that will lead to a new minister and an opportunity for a fresh start on Internet surveillance legislation, one of the government’s biggest political blunders to date.

My weekly technology law column (Toronto Star version, homepage version) notes that Toews infamously introduced the Internet surveillance bill, often referred to as lawful access, by stating that critics of the bill could either stand with the government or with child pornographers. The comments sparked outrage from across the political spectrum as Canadians questioned the need for the legislation, the lack of privacy safeguards, and the divisive communications strategy.

August 21, 2012 — 10 comments — Columns

Billions at Stake if Canada Caves on Drug Patent Demands

The negotiations over a Canada – European Union trade agreement may be approaching the final stretch as both sides say they plan to wrap up the CETA talks by the end of the year. The parties have apparently reached agreement on roughly 75 per cent of the text, but the last quarter will require significant political compromise.

My weekly technology law column (Toronto Star version, homepage version) notes that Canadian negotiators recently advised that there remains a sharp divide over issues such as investment rules, financial services, and taxation. Given the ongoing European financial crisis, these issues are particularly sensitive and will raise questions about how much risk the government is willing to assume in order to strike a deal.

The most contentious issue, however, is likely to be the intellectual property chapter. The revelation that provisions from the Anti-Counterfeiting Trade Agreement may sneak their way into CETA generated widespread headlines throughout Europe last month with politicians and activists expressing exasperation at the clumsy attempt to secretly revive an agreement that was roundly rejected by the European Parliament.

The Canadian opposition to the chapter will come from European demands for patent reforms that could result in billions in additional health care costs due to higher pharmaceutical prices. The pharmaceutical demands are one Europe’s top priorities, but Canada has thus far refused to counter the EU proposals, creating a stalemate that has dragged on for years.

August 14, 2012 — 1 comment — Columns

Is the Competition Bureau Ready to Take on Media Convergence?

Canadian broadcasters and broadcast distributors have pursued a convergence strategy for the past decade that has created one of the world’s most concentrated media markets. Four powerhouses – Bell Media, Rogers, Shaw, and Videotron – have been left standing with those companies now dominating broadcast television, radio, and broadcast distribution from coast to coast.

While it may already be too late, the proposed $3 billion Bell Media – Astral merger may represent the final opportunity to address mounting concerns over the competitive impact of a converged market. My weekly technology law column (Toronto Star version, homepage version) notes the new Bell Media – Astral entity will control approximately 45 per cent of the commercial radio market in Canada along with a dizzying array of television stations, specialty television channels, as well as wireless, satellite, and Internet services.

August 7, 2012 — Comments are Disabled — Columns