Columns

Canadian Privacy Rights Buried in the Fine Print

Scott McNealy, the former CEO of Sun Microsystems, has achieved considerable notoriety for having warned Internet users ten years ago that "you have no privacy, get over it." Recent headlines suggest that the Ontario courts have adopted those sentiments, as two recent decisions involving the disclosure of subscriber information by Internet service providers confirmed that revealing personal information to law enforcement without a warrant is permitted under Canadian privacy law.

While some view these cases as providing conclusive evidence that Canadians enjoy little privacy in identifying data such as customer name and address information, my weekly technology law column (Toronto Star version, homepage version) argues that a closer look at the decisions and industry practices reveal that the issue is not entirely settled.

March 17, 2009 — 9 comments — Columns

Storm Clouds Ahead for Canadian Wireless World

Public frustration over the state of the Canadian wireless industry has generally focused on consumer-oriented concerns including pricey data plans, misleading system access fees, and text message charge policies. Given the consumer focus, the effect on Canadian business is rarely discussed. My weekly technology law column (Toronto Star version, homepage version) argues that that is set to change as one of Canada’s leading media companies has stepped forward with explosive allegations about how the wireless industry is engaged in practices that stifle innovation by privileging access or controlling content on their networks.

The claims can be found in a recent submission to the Canadian Radio-television and Telecommunications Commission by Pelmorex Media, the owner of the Weather Network in Canada. While Pelmorex is not a household name, the Weather Network's websites rank at the top of Canadian media websites for online visitors.

March 9, 2009 — 14 comments — Columns

Little New In New Media Hearings

The Canadian Radio-television and Telecommunications Commission new media hearings take a break over the next few days before concluding with a steady stream of appearances by Internet service providers, who are certain to argue next week against the imposition of a new ISP tax to fund the creation of Canadian new media. My technology law column (Toronto Star version, homepage version) this week argues that the break is much needed, as the past two weeks have been huge disappointment with submissions short on specifics, long on rhetoric, and filled with inconsistencies.

While there is plenty of blame to go around, criticism must start with the CRTC, since it set the tone for the hearings with a series of conditions that make little sense. The Commission tried to limit the hearings to "new media broadcasting," explicitly excluding issues such as net neutrality and the potential regulation of user generated and non-commercial content.

Yet each of these distinctions cause the entire new media hearing edifice to crumble.

March 2, 2009 — 6 comments — Columns

Digital TV Transition Opens Door to “WiFI on Steriods”

As noted in last week's column, Canada finds itself lagging more than two years behind the United States in the transition from analog to digital television broadcasting, a process that could leave millions of Canadians without access to over-the-air television signals. While the elimination of "free TV" would spark outrage in many communities, my weekly technology law column (Toronto Star version, homepage version) the most harmful effect of the slow migration will be felt in the competitiveness of Canadian telecommunications, not broadcasting.

February 24, 2009 — 6 comments — Columns

Blurry Outlook for Canadian Digital TV Transition

Earlier this week, hundreds of U.S. television stations plan to shut down their analog broadcasts as they complete the transition to digital over-the-air broadcasts. While the U.S. had planned for a nationwide change this month, last minute legislation has delayed the full mandatory transition until mid-June. My weekly technology law column (Toronto Star version, homepage version) argues that the U.S. experience to date highlights what should be a major concern for Canada – the transition from analog to digital broadcasts is years behind the U.S. with virtually no industry or government support. This sounds like a purely technical issue, yet the policy implications of that transition will have a profound effect on both the national broadcast and telecom landscape.

February 20, 2009 — 3 comments — Columns