Columns

ISP Tax May Be The Next Big Culture Funding Fight

My weekly technology law column (Toronto Star version, homepage version) places the spotlight on the next big cultural funding issue that promises to make the current dispute seem like a short preview as compared to the forthcoming main attraction. The Canadian Radio-television and Telecommunications Commission will hold hearings on new media regulation in early 2009 and barring a change of heart, the focal point will be the prospect of a mandated levy on Internet service providers to fund new media cultural production.

Opponents will deride the plan as a new tax, but that has not stopped cultural groups from lining up in support of such a scheme. Earlier this year, several groups, including the Canadian Film and Television Production Association, the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA), the Directors Guild of Canada, and Writers Guild of Canada, proposed a mandatory ISP contribution of 2.5 percent of broadband revenue to help fund Canadian new media content creation. In support, the groups released the results of a public opinion survey which they said found that "69 percent of Canadians believe that ISPs should be required to help fund the production of Canadian digital media content in the same way that cable and satellite TV providers are required to contribute a small percentage of their revenues to the production of Canadian television programs."

October 7, 2008 — 12 comments — Columns

Coming To Grips With An Internet That Never Forgets

My weekly technology law column (Toronto Star version, homepage version) discusses the implications of an Internet that never forgets. I note that the most significant Internet effect during the current campaign has not been any particular online video, website or Facebook group. Instead, it has been the resignation of eight local candidates based on embarrassing or controversial information unearthed online. Many observers have blamed the revelations on inadequate vetting processes, yet the reality is that these incidents shine the spotlight on an important but rarely discussed aspect of the Internet. Old blog postings, chat room discussions, or difficult-to-explain videos are captured by search engine databases and lie dormant until an intrepid searcher comes across it. In other words, the Internet never forgets.

September 29, 2008 — 4 comments — Columns

Canada Risks Missing Out on Open Access Momentum

My weekly technology law column (Toronto Star version, homepage version) focuses on open access in Canada. Last week, Liberal leader Stephane Dion committed to substantial increases to Canada's federal research funding in a major speech on education and research at the University of Western Ontario. The Liberal promise – which comes on the heels of increased Conservative support for the federal research granting councils in the 2008 budget – reflects a growing all-party emphasis on the link between research support and economic performance. While the research and business communities will undoubtedly welcome the increased financial commitment, it is worth contrasting the Canadian emphasis on more spending, with the Australian approach on greater access to the research itself. Australian Senator Kim Carr, who serves as the Minister for Innovation, Industry, Science and Research, recently committed to "promote the freest possible flow of information domestically and globally."

September 24, 2008 — Comments are Disabled — Columns

Public Policy Consultations No Field of Dreams

My weekly technology law column (Toronto Star version, homepage version) focuses on the release last week of the results of a CRTC public online consultation on new media that will feed into hearings on the issue early next year. Given that it was a consultation on new media, the Commission established a special website last spring for the month-long consultation and commissioned noted pollster Nik Nanos to serve as moderator and report back on the results. The Nanos report does not cast judgment on the success of the consultation – it merely reports the factual results – but there is no hiding the fact that by Internet standards the consultation failed to attract a large audience. Over the course of an entire month, the website generated just over 2,500 unique visitors with an average of 84 visitors per day. Only 284 Canadians registered with site, posting a total of 278 comments.

I argue that while the Commission should be commended for trying, it is clear that public consultations are no field of dreams – it takes more than a "if you build it, they will come" approach. With the increasing desire of governments and businesses to use the Internet as a tool for public feedback, it is worth examining why the consultation failed to spark significant interest.

September 16, 2008 — 8 comments — Columns

Digital Issues Deserve a Spot in Election Campaign

With a federal election now set for October 14th, the coming weeks will be dominated by political debate as each party seeks to make their case to voters across the country. My weekly technology law column (Toronto Star version, homepage version) notes that the election mode marks an important role reversal – after months of Canadians working to gain the attention of their elected officials, those same politicians will be knocking on doors, making phone calls, and participating in all-candidates meetings in an effort to seek them out.

The 2008 election therefore presents an exceptional opportunity to raise the profile of digital issues. Not only do these policies touch on so-called core concerns such as the economy, the environment, education, and health care, but they also resonate with younger Canadians, who could help swing the balance of power in many ridings. In the United States election, both Barack Obama and John McCain have unveiled detailed digital policy positions. Canadian leaders have yet to promote their policies, but there are at least five worth watching and asking about.

September 8, 2008 — 21 comments — Columns