Columns

Casting a Vote Against Internet Voting

With the increasing shift from analog to digital, some elections officials are unsurprisingly chomping at the bit to move toward Internet-based voting. My weekly technology law column (Toronto Star version, homepage version) notes that last year, Elections Canada officials mused about the possibility of online voting trials, noting the potential benefits of increasing voter participation, particularly among younger demographics.

More recently, the province of Alberta opened the door to incorporating new technologies into their voting processes as part of an electoral reform package. New trials would require the approval of a legislative committee, but the province's Chief Electoral Officer acknowledged that online voting may be coming, noting "online voting is something that's on the forefront of people's minds. . . people say, 'I can do my banking online, but I can't do my voting online'."

The enthusiasm for Internet voting is understandable. At first blush, there is a certain allure associated with the convenience of Internet voting, given the prospect of increased turnout, reduced costs, and quicker reporting of results. Moreover, since other security sensitive activities such as banking and health care have gravitated online, supporters argue that elections can't be far behind. Yet before rushing into Internet voting trials, the dangers should not be overlooked.

March 10, 2010 — 28 comments — Columns

Parliamentary Restart Offers Chance to Prioritize Digital Agenda

Parliament resumes this week with the Speech from the Throne today following the unexpected – and unexpectedly contentious – decision by Prime Minister Stephen Harper to reset the legislative agenda through prorogation. The House of Commons may have been quiet but my weekly technology law column (Toronto Star version, homepage version) notes the calls for a national digital strategy have grown louder in recent months. Last week, the International Telecommunications Union issued its annual global measurement of the information society, which served again to highlight Canada’s sinking global technology ranking. Canada ranked 21st (down from 18th in 2007) in its ICT Development Index, which groups 11 indices including access, use, and technology skills.

Canada’s sliding global ranking reflects 10 years of policy neglect. Other countries prioritized digital issues while leaders here from all parties have been content to rest on the laurels of the late 1990s, only to wake up to a new, less-competitive reality in 2010.

Industry Minister Tony Clement has spoken frequently about the need for a national digital strategy, but concrete policies have been slow in coming. The parliamentary restart presents another opportunity for action. Given the failure to date to articulate a comprehensive digital strategy, perhaps a different approach might work. Following the Speech from the Throne and the budget, there will be about 100 days until the summer break. Clement could set a series of realizable targets during those 100 days. Such targets would not solve ongoing concerns regarding the competitiveness of Canada’s wireless sector or the findings that Canadians pay higher prices for slower Internet speeds than consumers in many other countries, but some momentum could be gained and some quick wins achieved.

A 100-day digital agenda could have four components: new laws, new initiatives, new enforcement, and new policy development.

March 3, 2010 — 1 comment — Columns

Technology Giants Defend Canadian Copyright Law

Each April, the United States issues the Special 301 Report, which examines the intellectual property laws of its main trading partners. For the past 15 years, Canada has been included on the watch list of countries the U.S. believes need reform. As the U.S. prepares its 2010 edition, for the first time it invited the public to provide their comments on the process and the link between intellectual property and trade policy. My weekly technology law column (Toronto Star version, homepage version) notes that among the hundreds of submissions, one from the Computer and Communications Industry Association stands out as critically important to Canada.

February 23, 2010 — 7 comments — Columns

Canadian ISPs Fall Short In Meeting Net Neutrality Requirements

Last fall, the Canadian Radio-television and Telecommunications Commission issued its much-anticipated Internet traffic management ruling, better known as the net neutrality decision. The case attracted national interest as the CRTC established several key requirements for Canada’s Internet providers.

These included new transparency obligations that forced ISPs to disclose their network management practices, such as why the practices were introduced, who will be affected, when it will occur, and how it will impact users' Internet experiences (down to the specific impact on speeds). The CRTC also opened the door to complaints about network management practices by establishing a test that any harm to users be as little as reasonably possible.

Several months later, Canada's ISPs have had ample time to comply with the new requirements, yet my weekly technology law column (Toronto Star version, Ottawa Citizen version, homepage version) reviews the policies from the biggest ISPs – including Bell Canada, Rogers Communications Inc., Shaw Communications Inc., Telus, Cogeco Inc., and Groupe Vidéotron – and reveals a decidedly mixed bag.

February 16, 2010 — 13 comments — Columns

Ontario Court Rules Consumers Can’t Click Away Class Action Rights

In 2004, Ian Andrews purchased a Dell laptop computer for $1,700. About 2 1/12 years later, the computer began to malfunction, periodically shutting down unexpectedly. Stuck with a problem computer that was past the standard warranty period, Andrews complained to Dell. The computer giant responded that the online contract governing the initial purchase required him to resolve the dispute by arbitration.

Andrews recognized this was not a realistic approach, later stating that as a university student he was not in a financial position to retain counsel to support an arbitration claim. Instead, he chose a different course of action, suing the company as part of a class action lawsuit that brought together thousands of consumers experiencing similar problems.

Dell challenged the class action suit, but as my weekly technology law column (Toronto Star version, homepage version) notes, last month the Ontario Court of Appeal sided with Andrews, ruling that it could proceed.

February 9, 2010 — 4 comments — Columns