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

New Media Requires New Thinking on Cultural Policy

Canadian cultural policy has long relied on two levers to promote the development and market success of Canadian content. First, regulators require broadcasters and cable companies to allocate a portion of their revenues to help support the creation of new Canadian content. Second, that content is granted preferential treatment through minimum "Cancon" requirements for both television and radio broadcasting. My weekly technology law column (Toronto Star version, homepage version) notes that while these approaches may have worked for conventional broadcasting, the big question in the Canadian Radio-television and Telecommunications forthcoming hearings on new media is whether they can be applied to the Internet.

Canadian cultural groups, the biggest proponents (and beneficiaries) of this policy approach argue that similar mechanisms can be adapted to the Internet by requiring Internet service providers to hand over a portion of their subscriber revenues for the creation of new media content. ISPs unsurprisingly oppose the proposal, arguing that an Internet tax is inherently unfair since it forces all subscribers to fund content in which they may have little interest. Moreover, they note that such a scheme may also be illegal since it applies the Broadcasting Act to telecommunications activities.

The CRTC adopted a new Cancon approach for the introduction of satellite radio into the Canadian market and similar creative thinking is needed for the online environment.

November 11, 2008 — 16 comments — Columns