Columns

How Canada’s Telecom Companies Have Secretly Supported Internet Surveillance Legislation

Canada’s proposed Internet surveillance was back in the news last week after speculation grew that government intends to keep the bill in legislative limbo until it dies on the order paper. Public Safety Minister Vic Toews denied the reports, maintaining that Bill C-30 will still be sent to committee for further study.

Since its introduction in mid-February, the privacy and law enforcement communities have continued to express their views on the bill, but Canada’s telecom service providers, which include the major telecom carriers and Internet service providers, have remained strangely silent. The silence is surprising given the enormous implications of the bill for the privacy of their customers and the possibility of millions of dollars in new surveillance equipment costs, active cooperation with law enforcement, and employee background checks.

While some attribute the Internet surveillance silence to an attempt to avoid picking sides in the high stakes privacy and security battle, documents obtained under the Access to Information Act offer a different, more troubling explanation. My weekly technology law column notes (Toronto Star version, homepage version) in the months leading up to the introduction Bill C-30, Canada’s telecom companies worked actively with government officials to identify key issues and to develop a secret Industry – Government Collaborative Forum on Lawful Access.

May 22, 2012 — 31 comments — Columns

The Future of Education Is Here, It’s Just Not Evenly Distributed

William Gibson, the American-Canadian science fiction writer who coined the term cyberspace, is well-known for having stated “the future is already here – it’s just not evenly distributed.” The quote succinctly points to the gradual dissemination of new technologies that start with first adopters but can take years to spread more widely.

To borrow from Gibson, in recent weeks it has become increasingly clear that the future of education is here, though it is not evenly distributed. My weekly technology law column (Toronto Star version, homepage version) notes the emerging model flips the current approach of expensive textbooks, closed research, and limited access to classroom-based learning on its head, instead featuring open course materials, open access to scholarly research, and Internet-based courses that can simultaneously accommodate thousands of students. The concern is that other countries are becoming first adopters, while Canada lags behind.

May 18, 2012 — 7 comments — Columns

Isn’t There a Better Way to Spend $750 Million?

As is the case with all mergers involving Canadian broadcast companies, the proposed Bell Media purchase of television and radio giant Astral immediately generated interest in the Canadian television production community, who anticipated yet another huge payday that follows from each of these deals. The Canadian Radio-television and Telecommunications Commission, which must approve the transaction, requires purchasers to “make clear and unequivocal commitments to provide tangible benefits representing 10 percent of the value of a transaction” (the percentage for television assets is typically 10 percent and 6 percent for radio assets).

Given the rapid pace of consolidation in the Canadian broadcasting industry, the size of these tangible benefits packages, which often provide funding for new Canadian productions, has grown dramatically in recent years. In 2007, Astral’s purchase of Standard Radio led to a $12 million benefits package, Rogers acquisition of five CITY-TV stations resulted in a $37.5 million benefits package, and CTVglobemedia’s purchase of CHUM netted over $100 million. In 2010, Shaw’s purchase of Canwest Global generated a $180 million benefits package. The Bell purchase of CTVglobemedia in 2011 topped that with a $239 million benefits package and now the Bell Media – Astral deal could be even bigger.

May 11, 2012 — 6 comments — Columns

Canada’s Domain Name Agency to the Public: We Don’t Trust You

The Canadian Internet Registration Authority, the non-profit agency charged with managing the dot-ca domain name, has emerged in recent years as an important voice on Internet governance. Backed by a big bank account – CIRA earns millions of dollars each year for maintaining the domain name registry – it has launched an annual Internet governance forum attended by hundreds of Canadians, partnered with various groups to help small businesses establish an online presence, and sponsored many Canadian Internet-related events.

Yet just as CIRA begins to fulfill its potential as an “important public resource” (as described in its mandate letter from the Government of Canada), my weekly technology law column (Toronto Star version, homepage version) notes it has proposed a new governance structure that seeks to sideline the public by limiting the ability to serve on the CIRA board. With more than a million registrants, CIRA is one of Canada’s largest Internet organizations and its message to members is clear: we don’t trust you.

April 30, 2012 — 11 comments — Columns

Other People’s Money: Why AUCC Signed the Most Expensive Copyright Insurance Policy in Cdn History

Car rental companies are infamous for encouraging customers to sign up for expensive liability insurance policies. Since many renters already have coverage from their own automotive insurance policies or can rely upon insurance coverage provided by their credit card issuer, the decision whether to sign up for a costly additional policy frequently depends upon who is paying the bill. If the individual is on the hook, they will often decline coverage and rely on their existing policies. If someone else is paying, it becomes easier to justify signing up for the additional coverage.

Last week, the Association of Universities and Colleges Canada, which represents dozens of Canada’s leading universities, signed up for one of the most expensive copyright insurance policies in Canadian history. My weekly technology law column (Toronto Star version, homepage version) notes the policy comes in the form of a controversial model copyright licensing agreement with Access Copyright, a copyright collective that licenses copying and distribution of copyrighted works such as books, journals, and other texts. Should AUCC members sign the agreement – it falls to each individual university to decide whether to do so – they will pay $26 per full time student per year for the right to copy works from the Access Copyright repertoire.

April 24, 2012 — 25 comments — Columns