Columns

Canadian Education Faces Technology Tipping Point

Canadian universities and colleges have undergone a remarkable technological transformation over the past decade.  Ten years ago laptops were relatively rare in classrooms, yet today virtually every student comes to buildings outfitted with electric outlets and Internet connectivity at each seat equipped with one.  Course websites were once little more than places to post a syllabus and a list of readings, but today they feature podcasts, webcasts, the actual course readings, and space for ongoing discussion and debate.

While technology has become a core part of the educational process, my weekly technology law column (Toronto Star version, homepage version) notes it has often been treated as a complement – rather than a replacement – for traditional educational materials.  Libraries still spend hundreds of millions of dollars on physical books and journals, some professors still generate paper-based coursepacks, and the schools themselves still pay millions of dollars in copying licensing fees.

The two-track approach may have made initial sense, but the costs of maintaining both are increasingly forcing universities to consider whether technology can replace conventional approaches. The tipping point toward using technology as a replacement may have come this year when Access Copyright, the copyright collective that licenses copying on Canadian campuses, demanded a significant increase in the fees associated with photocopying articles and producing printed coursepacks.

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December 23, 2010 11 comments Columns

Location Matters Up in the Cloud

The Wikileaks disclosure of hundreds of U.S. diplomatic cables has dominated news coverage for the past two weeks as governments struggled to respond to public disclosure of sensitive, secret information.  My weekly technology law column (Toronto Star version, homepage version) noted that one of the most noteworthy developments in the first week was Amazon’s decision to abruptly stop hosting the Wikileaks site hours after U.S. Senator Joe Lieberman exerted political pressure on the company to do so.  

Amazon is best known for its e-commerce site, yet it is also one of the world’s leading cloud computing providers, offering instant website hosting to thousands of companies and websites. In recent years, the combination of massive computer server farms in remote locations and high speed networks have enabled cloud computing to emerge as a critical mechanism for offering online services and delivering Internet content.

After Amazon pulled the plug, Wikileaks quickly shifted to a European host, demonstrating how easily sites can shift from one cloud provider to another. Although it seems counter-intuitive to consider the physical location of cloud computing equipment when discussing services that by their very definition operate across borders in the “cloud”, the Wikileaks-Amazon incident provided an important reminder that location matters when it comes to cloud computing.

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December 10, 2010 24 comments Columns

Canadian Courts Set High Bar for Privacy Damage Awards

When privacy violations occur, the first reaction for many victims is to search for a way to stop the offending conduct. The second response may be to invoke the law by filing a complaint with the Privacy Commissioner of Canada. Hundreds of complaints are filed every year and most are resolved with an explanation for what occurred, a change in corporate policy, or occasionally a formal apology.  My weekly technology law column (Toronto Star version, homepage version) notes that a growing number of complainants have been left unsatisfied with this outcome, however, and are turning to the courts for damage awards.

Two recent Federal Court decisions grappled with the issue of damage awards for privacy violations and arrived at the same conclusion – personal privacy is not worth much when it comes actual compensation for privacy breaches or abuses.

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November 30, 2010 13 comments Columns

Separating Copyright Facts from Fiction Ahead of Legislative Hearings

Canadian copyright law promises to dominate discussion in Ottawa over the coming weeks as hearings on Bill C-32, the controversial copyright bill, are set to begin within a few days. My weekly technology law column (Toronto Star version, homepage version) notes that if the past six months are any indication, Members of Parliament will be asked to sort through confusing rhetoric in order to understand the implications of the proposed changes.  Separating fact from fiction will not be easy, but getting straight answers to the following questions will be crucial:

1.    Will Bill C-32 give education institutions the right to engage in massive uncompensated copying?

No. The inclusion of education as a fair dealing category will not mean that any educational copying will be free.  It will only mean that educational copying will be eligible for analysis under a six-part test developed by the Supreme Court of Canada to determine whether the copying qualifies as fair dealing. The changes in Bill C-32 are more modest than often claimed as they merely fill some gaps in the existing list of fair dealing categories.

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November 23, 2010 18 comments Columns

Lawful Access Bills Would Reshape Internet in Canada

The push for new Internet surveillance capabilities goes back to 1999, when government officials began crafting proposals to institute new surveillance technologies within Canadian networks along with additional legal powers to access surveillance and subscriber information.  The so-called lawful access initiatives stalled in recent years, but my weekly technology law column (Toronto Star version, homepage version) notes that earlier this month the government tabled its latest proposal with three bills (C-50, C-51, C-52) that received only limited attention despite their potential to fundamentally reshape the Internet in Canada.

The bills contain a three-pronged approach focused on information disclosure, mandated surveillance technologies, and new police powers.  

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November 16, 2010 85 comments Columns