Columns

Internet Domain Name Land Grab More Than Just “Fools Gold”

Last week, the Internet Corporation for Assigned Names and Numbers (ICANN), the California-based non-profit corporation charged with the principal responsibility for maintaining the Internet’s domain name system, revealed that it has received nearly 2,000 applications for new domain name extensions. While many applications may be abandoned or face objections that stall their approval, my weekly technology law column (Toronto Star version, homepage version) notes it seems certain that there will be hundreds of new domain name extensions in the not-too-distant future, a change that will fundamentally reshape the way we think about domain names.

June 21, 2012 — 6 comments — Columns

UN Internet Takeover Rumours Mask Bigger Governance Shortcomings

In recent months the Internet has been buzzing about the prospect of a United Nations “takeover” of the Internet, including responsibility for governance of the domain name system. The concern hit a fever pitch late last month when the U.S. Congress held hearings on the issue. A steady stream of technology companies and consumer groups expressed fears with potential U.N. and foreign government involvement and members of Congress pledged to take a strong stand against the takeover.

While a U.N. takeover would indeed be cause for serious concern, my weekly technology law column (Toronto Star version, homepage version) notes the reality is far more complex and somewhat less ominous. This issue has been festering for over 15 years and is less about whether there will be efforts at governmental control and more about which government controls.

June 13, 2012 — 4 comments — Columns

Conclusion of Copyright Debate Leaves Many What Ifs…

The decade-long Canadian copyright reform debate is nearing a conclusion as the government is slated to hold the third and final reading for Bill C-11 this week. My weekly technology law column (Toronto Star version, homepage version) notes that with a majority in both the House of Commons and Senate, the Conservatives are likely to pass the bill before Parliament takes a break for the summer.

The imminent passage of the bill is already being heralded as win for creators, consumers, and businesses. There is certainly much to like – expanded fair dealing, new consumer exceptions, caps on liability to prevent multi-million dollar lawsuits against consumers, and a balanced approach to liability for Internet providers among them. Moreover, the rejection of draconian provisions demanded by some lobby groups such as website blocking or penalizing Internet users with threats of lost access is a positive development.

Yet for many copyright watchers, the bill falls just short, providing a classic example of what could have beenâ€¦

What if the government had not rejected concerns from groups representing the blind, who warned that the bill’s digital lock rules will make it more difficult for Canadians with perceptual disabilities to access digital content?

May 28, 2012 — 30 comments — 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