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.

December 16, 2008 — 12 comments — Columns

Internet Video Goes To the Movies

In recent years, much of the interest in online video has focused on its effects on mainstream or conventional television – the emergence of a "clip culture," where popular segments of television programs draw larger audiences on websites like YouTube than on conventional television. My weekly technology law column (Toronto Star version, homepage version) notes that the shift of conventional broadcast to the Internet is remarkable, but it misses important developments for longer form video.

December 8, 2008 — 3 comments — Columns

Lawless Canada Emerging as a Spam Haven

My weekly technology law column (Toronto Star version, Ottawa Citizen version, The Tyee version, homepage version) focuses on the state of anti-spam legislation in Canada. It notes that the recent Facebook case has placed the spotlight on Canada’s ongoing failure to address its spam problem by introducing long overdue anti-spam legislation. The fact that organizations are forced to use U.S. courts and laws to deal with Canadian spammers points to an inconvenient truth – Canadian anti-spam laws are woefully inadequate and we are rapidly emerging as a haven for spammers eager exploit the weak legal framework.

December 3, 2008 — 7 comments — Columns

CRTC Decision Not the Final Word On Net Neutrality

My weekly technology law column (Toronto Star version, homepage version) discusses last week's CRTC decision in the CAIP v. Bell case. Echoing my remarks immediately after the decision, I argue in the column that the decision is not the final word on net neutrality in Canada, but rather the first […]

November 24, 2008 — 6 comments — Columns

“Enhanced” Licence May Enhance Privacy and Security Risks

This week the Ontario legislature will resume debate on Bill 85, proposed legislation that could lead to the creation of an "enhanced drivers licence" in the province (referred to as an EDL). My weekly technology law column (Toronto Star version, homepage version) notes that the introduction of the new licence – which will also be available as a photo card for non-drivers – has received little public attention despite the urgent concerns expressed by privacy commissioners and civil liberties groups. Indeed, barring an unlikely change of plans, the legislation could be passed within a matter of days.

The primary impetus behind the EDL is the increased border security measures between Canada and the United States. As the U.S. increased identity card requirements for entry into the country (passports are now required at most border crossings), government officials in both countries have sought to develop an alternative to the passport. The EDL, which will embed new technologies including a radio frequency identification device (RFID) within the card, is the outcome of that work. While the enhanced card will be optional, it is expected that many residents may pay the extra fee for the EDL. Moreover, Ontarians will not be alone in this regard as other provinces and U.S. states have similar plans. As Ontario moves closer to an EDL with this new legislation, the concern from the privacy and civil liberties communities – who point to three overarching concerns – have continued to mount.

November 17, 2008 — 19 comments — Columns