Columns

Long-Awaited Copyright Reform Plan Flawed But Fixable

I attended yesterday's C-32 media lockup on behalf of the Toronto Star, who asked for a quick analysis piece of the bill. My column is posted below:

Copyright has long been viewed as one of the government's most difficult and least rewarding policy issues. It attracts passionate views from a wide range of stakeholders, including creators, consumers, businesses, and educators and is the source of significant political pressure from the United States. Opinions are so polarized that legislative reform is seemingly always the last resort that only comes after months of delays.

The latest chapter in the Canadian copyright saga unfolded yesterday as Industry Minister Tony Clement and Canadian Heritage James Moore tabled copyright reform legislation billed as providing both balance and a much-needed modernization of the law.

The bill will require careful study (suggestions that a quick set of summer hearings will provide an effective review should be summarily rejected) but the initial analysis is that there were some serious efforts to find compromise positions on many thorny copyright issues.

June 3, 2010 — 81 comments — Columns

An Unofficial User Guide to This Afternoon’s Copyright Bill

With the copyright bill – Bill C-32 – being introduced this afternoon, it is worth noting that my technology law column last week (Toronto Star version, homepage version) focused on some of the key issues likely to find their way into the bill. The column noted the internal dynamics that led to the bill are by now fairly well known. Industry Minister Tony Clement, emboldened by last summer’s copyright consultation that generated unprecedented public participation, argued for a forward-looking, technology neutral bill with flexibility as a core principle. Canadian Heritage Minister James Moore advocated for a U.S.-style protectionist approach, with priority given to digital locks that can be used to limit copying, access, and marketplace competition.

With the active support of Prime Minister Stephen Harper, Moore won the fight over digital locks and the new bill will feature provisions certain to please the U.S. government and lobby groups. Yet the bill will include far more than just tough legal protection for a digital locks.

This brief unofficial user's guide to the new legislation that focuses on three key issues – fair dealing, Internet provider liability, and digital locks (Internet downloading is unlikely to figure prominently in the bill).

June 2, 2010 — 19 comments — Columns

Security Breach Disclosure Bill Has Bark But No Bite

Last week Industry Minister Tony Clement unveiled two bills touted as important components of the government’s national digital strategy. The Fighting Internet and Wireless Spam Act is a repeat of the anti-spam bill that passed through the House of Commons last year but died after Parliament prorogued. Since the new bill reflects roughly the same compromise that garnered all-party support, it should receive swift passage.

My weekly technology law column (Toronto Star version, homepage version) argues that the second bill, the Safeguarding Canadians' Personal Information Act, is likely to be far more controversial. The bill amends Canada’s existing privacy legislation by establishing new exceptions for businesses and new powers for law enforcement.

June 1, 2010 — 1 comment — Columns

Seven Copyright Questions for Canadian Heritage Minister James Moore

My op-ed in this week's Hill Times (HT version (sub req), homepage version) notes that with reports that a new copyright bill could be introduced this week, thousands of Canadians have been expressing concern with the government's plans, as there are mounting fears that the results from last summer's copyright consultation may be shelved in favour of a repeat of the much-criticized Bill C-61.

The foundational principle behind C-61 was the primacy of digital locks. When a digital lock (often referred to as digital rights management or technological protection measure) is used – to control copying, access or stifle competition – the lock supersedes virtually all other rights. The fight over the issue has pitted the tech-savvy Industry Minister Tony Clement, who has reportedly argued for a flexible implementation, against Canadian Heritage Minister James Moore, who has adopted what many view as an out-of-touch approach that would bring back the digital lock provisions virtually unchanged.

Moore has declined to comment on his position, but his approach raises some difficult questions:

May 25, 2010 — 56 comments — Columns

CRTC of Old Re-Emerges in Music Station Case

Taking pot shots at Canada’s national broadcast regulator has practically been a national sport for many years, as observers from across the political spectrum paint the Canadian Radio-television and Telecommunications Commission as too interventionist, too luddite, too slow, or a combination of all of the above.

As my recent technology law column (forgotten with all the copyright activity – Toronto Star version, homepage version) notes, in recent years, the commission has worked to shed its negative reputation by increasingly adopting decisions that favour letting consumers and businesses decide broadcast winners and losers. For example, the recent fee-for-service decision promotes a negotiated settlement between broadcasters and cable companies with the CRTC betting that consumer expectations will provide sufficient incentive to ensure that local programming remains accessible to viewers.

May 19, 2010 — 11 comments — Columns