Columns

Open Government Moving in Parallel But Opposite Directions

Suzanne Legault, Canada’s Interim Information Commissioner, and Michael Mulley, a Montreal-based software programmer, may occupy different worlds, but my weekly technology law column (Toronto Star version, homepage version) notes that last week both placed an important spotlight on open and transparent government.

Legault is responsible for administering the Access to Information Act and last week her office warned that inadequate resources and lengthy delays were causing enormous damage to access to information rights in Canada. Legault released a 154-page report that gave below average or failing grades to the majority of the 24 government departments she reviewed.

The implication of a broken access to information system extends to virtually every policy area. For example, Canadian Heritage and Industry Canada typically lead on policies involving broadcasting and new media. While Industry Canada received a solid "B" grade, handling a 93% increase in requests relatively smoothly, the first review for Canadian Heritage Minister James Moore’s department yielded an "F" grade.

April 19, 2010 — 4 comments — Columns

The Truth About ACTA: My PublicACTA Keynote Address

As I posted over the weekend, I had the pleasure of participating in the PublicACTA conference in Wellington, New Zealand. The Wellington Declaration is a must-read, as is the extensive media coverage that ACTA has received over the past 48 hours in New Zealand (NZ PC World, National Business Review, […]

April 13, 2010 — 5 comments — Columns

State Farm Challenges Constitutionality of Canadian Privacy Law

Later this month, the Federal Court of Canada will hear a case in Halifax that threatens Canada's privacy law framework. State Farm Mutual Automobile Insurance Co. is contesting the constitutional validity of Canada's private sector privacy legislation (PIPEDA), arguing it oversteps the federal government's jurisdictional power. My weekly technology law column (Toronto Star version, homepage version) argues that if successful, PIPEDA would no longer apply to thousands of Canadian businesses and new legislation such as the Electronic Commerce Protection Act (ECPA) would be imperilled.

The case stems from a dispute over an insurance claim arising from a March 2005 automobile accident. Gerald Gaudet, the injured party, asked State Farm to provide copies of all names, addresses, and phone numbers of anyone to whom it disclosed his personal information (State Farm had used a private investigator to conduct surveillance on Gaudet). After State Farm refused to disclose the information, Gaudet filed a complaint with the Privacy Commissioner of Canada.

The Privacy Commissioner proceeded to launch an investigation into the case, asking State Farm to provide it with the requested information. The insurance company again refused, leading to the Federal Court case.

April 5, 2010 — 6 comments — Columns

Reviewing CRTC’s Broadcast Policy Decision

My weekly technology law column (Toronto Star version, homepage version) takes a look back at last week's CRTC broadcast policy decision and report on the consumer impact. The piece covers much the same terrain as two blog posts on the same issue. I note that after months of intense lobbying and marketing that pitted broadcasters ("Local TV Matters") against cable and satellite companies ("Stop the TV Tax"), the Canadian Radio-television and Telecommunications Commission weighed in last week with its much-anticipated broadcasting regulatory policy decision.

March 30, 2010 — 6 comments — Columns

Bookseller Restrictions About Competition, Not Culture

Eight years ago, the federal government faced a hot-button cultural policy issue as online retail giant Amazon.com, which was already selling millions of dollars of books to Canadians from its U.S.-based site, sought entry into the Canadian market. Canadian investment regulations posed a significant barrier, however, since the law required government approval for foreign investment in the book publishing and distribution sectors.

My weekly technology law column (Toronto Star version, homepage version) notes that Amazon was ultimately granted a form of non-entry entry. The company established Amazon.ca, but did not set up shop in Canada. Instead, it outsourced distribution to Canada Post, enabling the government to rule that the company’s plans fell outside the book distribution restrictions.

March 17, 2010 — 34 comments — Columns