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

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