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

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