Columns

In Search of A Compromise on Copyright

Last week marked the return of the copyright debate to the House of Commons as Bill C-32 entered second reading. Six months after its introduction, it became immediately apparent that all three opposition parties will be seeking changes to the bill in return for their support. My op-ed in the Hill Times (Hill Times version, homepage version) notes that three issues stand out as the most contentious: digital locks, fair dealing reform, and the extension of the private copying levy.

Canadian Heritage Minister James Moore was quick to criticize opposition concerns, but garnering the requisite votes to pass the legislation will require compromise. The good news is that there may be a path to finding common ground on each issue.

November 10, 2010 — 41 comments — Columns

Facing Up to the Generational Privacy Divide

Last week hundreds of privacy regulators, corporate officers, and activists gathered in Jerusalem, Israel for the annual Data Protection and Privacy Commissioner Conference. My weekly technology law column (Toronto Star version, homepage version) notes the conference theme focused on the perception of a growing privacy divide between generations, with older and younger demographics seemingly adopting sharply different views on the importance of privacy.

Many acknowledged that longstanding privacy norms are being increasingly challenged by the massive popularity of social networks that encourage users to share information that in a previous generation would have never been made publicly available for all the world to see. Moreover, rapid technological change and the continuous evolution of online sites and services create enormous difficulty for regulators unaccustomed to moving at Internet speed.

Given these changes, the conference asked participants to question whether privacy norms are at a breaking point with conventional laws, regulations, and principles rendered irrelevant in the face of the generational and technological shift.

November 4, 2010 — 21 comments — Columns

Consultation Lays Bare Divide Over Future of Canadian Book Industry

Late this summer, as thousands of Canadians were playing with their coveted new Apple iPads, the government quietly disclosed that it was conducting a regulatory review of Apple and its entry into the electronic book market. The review caught many by surprise, with some left wondering why any government intervention was needed for another offering in the popular iTunes store.

My weekly technology law column (Toronto Star version, homepage version) notes the answer lies in Canada’s longstanding cultural policy and the significant protections it establishes over the publication, distribution and sale of books. These include restrictions on foreign entry into the Canadian marketplace that reserve majority ownership for Canadians on the premise that an open market would hamper the ability of Canadian authors, publishers and booksellers to compete.

October 27, 2010 — 17 comments — Columns

Digital Advocacy’s â€œWeak Tiesâ€ Should Not Be Underestimated

Malcolm Gladwell, the best-selling Canadian writer for the New Yorker, recently turned his attention to the use of Twitter, Facebook, and the Internet for digital advocacy. Gladwell dismissed claims that digital advocacy has been an effective tool, lamenting that “people have forgotten what advocacy is about.” He suggested that effective advocacy that leads to broad social or political change requires “strong ties” among people who are closely connected, committed to the cause, and well organized. When Gladwell examined digital advocacy initiatives he found precisely the opposite – weak ties between people with minimal commitment and no organizational structure.

My weekly technology law column (Toronto Star version, homepage version) notes the Gladwell article was published two days after Canada, the United States, the European Union, and a handful of other countries concluded negotiations on the Anti-Counterfeiting Trade Agreement. Although some issues must still be sorted out, the countries have agreed on a broad framework and announced that no further negotiation rounds are planned.

With the draft agreement now public, it is apparent that one of the biggest stories over the three-year negotiation was the willingness of the U.S. to compromise on the rules associated with the Internet. When it first proposed the Internet chapter, the U.S. demanded new liability requirements for Internet providers (including the possibility of terminating subscriber access based on multiple allegations of infringement) as well as tough digital lock rules that went far beyond current international treaty requirements.

October 18, 2010 — 18 comments — Columns

Why are U.S. Net Services Slow to Migrate North?

Netflix, the popular online movie rental service, launched in Canada last month, providing consumers with the option to download an unlimited number of movies and television shows for a flat monthly fee. While the Netflix debut was marred by an ill-advised public relations stunt that involved actors masquerading as excited consumers, my weekly technology law column (Toronto Star version, homepage version) notes that the long delays in migrating the service north once again raised questions over why popular online services rarely view Canada as a priority destination.

Canada’s legal framework makes for a convenient explanation, but the reality is that subtle legal differences are rarely the primary rationale for business and marketing decisions. Moreover, Canadian privacy, e-commerce, and intellectual property laws are compliant with international standards and recent surveys have found that business executives view Canadian protections as better than those in the United States. As the Canadian government readies its national digital economy strategy, identifying the real reasons behind delayed entry into the Canadian market is a crucial piece of the puzzle.

At least three explanations come to mind.

October 15, 2010 — 36 comments — Columns