Columns

Thinking Big About Flaherty Budget and Infrastructure Spending

Finance Minister Jim Flaherty will rise in the House of Commons next week to deliver the most anticipated federal budget in years.  The subject of town hall meetings, corporate consultations, and political sparring, the budget will be closely watched by all Canadians anxious for a long-term plan to address the current economic crisis. While financial support for hard hit industries are a given, one of the most important elements in the budget will be the significant expenditures on infrastructure, which is viewed as a powerful job creation mechanism with benefits that can last for decades.  

Money toward roads, bridges and other conventional infrastructure projects may generate some short-term employment, but my weekly technology law column (Toronto Star version, homepage version) argues that the opportunity to take a broader perspective on infrastructure should not be missed.  Indeed, this budget offers a rare chance to put critically important technology projects that have languished for years back on track.  These include:

Broadband infrastructure.  Following repeated failed attempts to implement a national broadband strategy that guarantees access to high-speed networks for all Canadians, the Flaherty budget provides the ideal opportunity to address this neglected issue.  Indeed, frustrated by years of federal inaction, several provinces recently pledged to support their own broadband initiatives, recognizing the economic importance of a connected population.  

With Canada gradually slipping down the global broadband rankings as other countries benefit from better, faster, and cheaper options, committing serious dollars to a national broadband infrastructure would create jobs and lay the groundwork for new commercial, cultural, and educational opportunities.

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January 19, 2009 6 comments Columns

The Music Industry’s Digital Reversal

My weekly technology law column (Toronto Star version, homepage version) opens by noting that Canadians focused on hockey success and economic doom-and-gloom over the past month may have missed a series of events that suggest a dramatic shift for the recording industry.  For much of the past decade, the industry has relied on three pillars to combat peer-to-peer file sharing – lawsuits, locks, and legislation.  

The lawsuits, which began in 2003, resulted in suits against more than 35,000 alleged file sharers in the United States.  The locks, which refers to digital locks that seek to impose copy-controls on music files, was a requirement for online services such as iTunes before it was given the green light, while the lobbying for legislative reforms to support the use of copy-controls led Canada to introduce the failed Bill C-61.

In a matter of weeks, the foundation of each of these pillars has either crumbled or shown serious signs of cracking.

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January 12, 2009 8 comments Columns

Crystal Ball Gazing at the Coming Year in Tech Law

Technology law and policy is notoriously unpredictable and crystal ball gazing in Canada this year is particularly challenging given the current political and economic uncertainty.  With that caveat, my weekly technology law column (Toronto Star version, homepage version) provides my best guess for the coming months includes the following:

January.  The Copyright Board of Canada releases its much-anticipated decision on the copyright royalties payable by primary and secondary schools across Canada.  The board reduces the fees based on the Supreme Court of Canada’s liberal interpretation of fair dealing, Canada's version of fair use.  At the end of the month, the government's budget includes the expected stimulus package for the auto and forestry sectors, but there is little for the culture and technology sectors.

February. The Canadian Radio-television and Telecommunications Commission kicks off a busy year with its new media hearings.  The positions are by-now well known – cultural groups seek the creation of a new ISP levy and increased regulation of Internet-based broadcasting, while most broadcasters and telecommunications companies support the status quo.

March.  Secret negotiations on the Anti-Counterfeiting Trade Agreement resume in Morocco.  Calls for greater transparency fall on deaf ears as the U.S., Japan, and South Korea urge participants to keep the treaty under wraps and to conclude the draft treaty by year-end.

April.  The U.S. Trade Representative releases its annual Special 301 Report on the status of global intellectual property laws.  Canada once again finds itself in good company as it (along with dozens of other countries) is criticized for failing to pass new copyright reform legislation. 

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January 5, 2009 3 comments Columns

The Letters of the Law: The Year in Canadian Technology Law and Policy

There was rarely a dull moment over the past twelve months in law and technology with no shortage of legislative proposals, controversial court cases, and very public battles over the future of the Internet in Canada.  My final technology law column (Toronto Star version, homepage version) takes a look back […]

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December 22, 2008 7 comments Columns

CRTC Submissions Set the Course For New Media Hearings

My weekly technology law column (Toronto Star version, homepage version) reprises last week's post on the submissions to the CRTC as part of the new media hearing. The Canadian Radio-television and Telecommunications Commission new media hearings are not scheduled to begin until mid-February, yet they have already attracted more than their fair share of controversy.  With talk of imposing a tax on Internet service providers to fund Canadian content or the imposition new licensing and Canadian content requirements, the outcome could dramatically reshape the Internet in Canada.

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December 16, 2008 12 comments Columns