Columns

All Your Internets Belong to US, Continued: The Bodog.com Case

Imagine a scenario in which a country enacts a law that bans the sale of asbestos and includes the power to seize the assets of any company selling the product anywhere in the world. The country tests the law by obtaining a court order to seize key assets of a Canadian company, whose operations with hundreds of employees takes a major hit. The Canadian government is outraged, promising to support the company in its efforts to restore its operations.

That is the opening of my technology law column this week (Toronto Star version, homepage version) which continues by noting this scenario became reality last week, though the product was not asbestos and the Canadian government has yet to respond. The case involves Bodog.com, a Canadian-owned online sports gaming site and the country doing the seizing was the United States. Supporting online gaming operations will undoubtedly make governments somewhat squeamish, but the broader implications of last week’s seizure touch on millions of websites and Internet companies who now find themselves subject to U.S. jurisdiction.

March 6, 2012 — 30 comments — Columns

Catching Up on Lawful Access Columns

With so much focus this week on Bill C-11 and ACTA, I’ve neglected to post two recent columns on lawful access. The first piece (Ottawa Citizen version, homepage version) focuses on the potential for compromise in the legislation, with particular attention to the issue of maintaining court oversight for subscriber […]

March 2, 2012 — 4 comments — Columns

CRTC Uncovers New Rogers Net Neutrality Violation

The CRTC has written to Rogers Communication following the identification of yet another violation of the Commission’s Internet traffic management policy. Rogers has announced plans to drop its traffic throttling practices, but the CRTC wants the new issue addressed immediately. I discussed the role of the CRTC in putting an […]

March 2, 2012 — 1 comment — Columns

Crafting Copyright Policy to Create a Competitive Advantage

Last month, the Hill Times ran a special section on copyright and new media. I contributed an op-ed (Hill Times version, homepage version) that linked copyright reform with the government’s emphasis on the Canadian economy. The column noted that one metric for assessing the effectiveness of copyright reform is to consider whether the bill uses the flexibility at international law to establish a competitive advantage when compared to our trading partners. The answer with Bill C-11 – even without the SOPA-style amendments sought by copyright lobby groups – is a mixed bag.

February 6, 2012 — 5 comments — Columns

Keeping Score of Canada’s Spectrum Auction

Reports indicate that Industry Minister Christian Paradis could unveil the government’s spectrum auction and telecom foreign ownership policies this month. My weekly technology law column (Toronto Star version, homepage version) provided a preview of some the key issues. While interest in spectrum auction policy is typically limited to telecom companies and business analysts, all Canadians have a stake in this decision. The available spectrum – known as the 700 MHz spectrum – opens up a host of possibilities for new innovation, competitors, and open Internet access. It is viewed as particularly valuable spectrum since it easily penetrates walls, making it ideal for delivering wireless high-speed Internet services.

Auctioning the spectrum raises a host of critical policy choices.

February 2, 2012 — 15 comments — Columns