Columns

U.S. Government Funding For Open Education Materials a “Game Changer”

The technology community is fond of referring to announcements that fundamentally alter a sector or service as a “game changer”. Recent examples include the debut of the Apple iTunes store in 2003, which demonstrated how a digital music service that responds to consumer demands was possible, and Google’s Gmail, which upended web-based email in 2004 by offering 1 gigabyte of storage when competitors like Microsoft’s Hotmail were providing a paltry 2 megabytes.

My weekly technology law column (Toronto Star version, homepage version) recently covered the U.S. government announcement of its own game changer, though it attracted far less attention than iTunes or Gmail. Led by the Departments of Labor and Education, it committed US$2 billion toward a new program to create free online teaching and course materials for post-secondary programs of two years or less.

March 9, 2011 — 24 comments — Columns

Spectrum Consultation Could Form Cornerstone of Digital Policy for Next Decade

As public frustration with the state of telecommunications services such as Internet access and wireless competition mounts, a relatively obscure government consultation on spectrum deserves far more attention. Last November, Industry Canada released a Consultation on a Policy and Technical Framework for the 700 MHz Band and Aspects Related to Commercial Mobile Spectrum. While the title alone is likely enough for most to look elsewhere, my weekly technology column (Toronto Star version, homepage version) notes that no issue will have a greater impact on the next ten years of Canadian digital policy.

February 22, 2011 — 12 comments — Columns

Weak Copyright Laws? Recording Industry Files Massive Lawsuit Against isoHunt

As the debate over Canada’s copyright reform legislation, Bill C-32,continues to rage before a legislative committee, one of the most frequently heard claims is that tough reforms are needed to counter Canada’s reputation as a “piracy haven”. The presence of several well-known BitTorrent sites, most notably B.C.-based isoHunt, is cited as evidence for Canada’s supposedly lax laws that the industry says leaves it powerless.

When the bill was first introduced last June, the Canadian Recording Industry Association stated that “stronger rules are also needed to rein in Canadian-based peer-to-peer websites, which, according to IFPI,have become ‘a major source of the world’s piracy problem’.”

Politicians have taken note of the concerns. Industry Minister Tony Clement said the new bill will target “wealth destroyers” and Liberal MP Dan McTeague has lamented that “the very existence of an isoHunt in Canada is problematic and is very much the result of what appears to be a legislative holiday for companies and other BitTorrent sites.”

While the notion of a “legislative holiday” appears to be the impetus for some of the provisions on Bill C-32, my weekly technology law column (homepage version, Toronto Star version) notes that what is left unsaid – and thus far unreported – is that 26 of the world’s largest recording companies launched a multi-million dollar lawsuit against isoHunt using existing Canadian copyright law just three weeks before the introduction of the bill [PDF of May 2010 claim, PDF of August 2010 amended claim].

February 14, 2011 — 29 comments — Columns

Creator Groups Trade Short Term Gain for Long Term Pain in Bell – CTV Merger Review

This week the Canadian Radio-television and Telecommunications Commission will hold hearings on Canada’s biggest media and communications merger – BCE Inc. and CTVglobemedia Inc. The merger will combine the country’s biggest telecom provider, private broadcaster, Internet provider, and second largest wireless provider into a single powerhouse.

My weekly technology law column (Toronto Star version, homepage version) notes that the implications are enormous, yet in stark contrast to a similar recent merger in the United States between cable giant Comcast and broadcaster NBCU, the competition concerns will take a back seat to the â€œbenefits packageâ€ that BCE must pay to the Canadian cultural community.

January 31, 2011 — 6 comments — Columns

Jennifer Stoddart’s Shot Across the Privacy Bow

By virtually every measure, 2010 was a remarkably successful year for Canadian privacy commissioner Jennifer Stoddart. Riding the wave of high profile investigations into the privacy practices of Internet giants Facebook and Google, Stoddart received accolades around the world, while garnering a three-year renewal of her term at home.

My regular technology law column (Toronto Star version, homepage version) notes that last week Stoddart used her first public lecture of 2011 to put the Canadian privacy and business communities on notice that she intends to use her new mandate to reshape the enforcement side of Canadian privacy law. Speaking at the University of Ottawa, Stoddart hinted that she plans to push for order making power, tougher penalties, and a â€œnaming namesâ€ strategy that may shame some organizations into better privacy compliance practices.

January 26, 2011 — 3 comments — Columns