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

PickupPal Controversy Highlights Power of Networked Economy

My weekly technology law column (Toronto Star version, homepage version) "picks up" on the debate over PickupPal, a ride sharing service that operates around the world. Trentway-Wagar, a Peterborough-based bus company, has raised questions about the legality of the service in Ontario. PickupPal has about 100,000 registered users worldwide (approximately 10,000 in Ontario alone) who use the Internet service to connect and identify possible ride sharing partners. The result is more carpools, less traffic congestion, and decreased emissions. Notwithstanding the benefits, Trentway-Wagar argues that the service violates the Ontario Public Vehicles Act because it allows drivers to collect money by offering strangers a ride. This is not the first time that the company has targeted ride sharing services. In 2000, it succeeded in stopping Allo-Stop, then Quebec's biggest ride sharing company, from operating in Ontario.

The PickupPal debate has thus far focused on an outdated provincial law (the government has promised to review the legislation) and the environmental impact of rules that appear to discourage ride sharing. Yet there is a bigger story here. The law has been rendered out of date because the Internet facilitates new modes of production and organization that enable thousands of people to connect, share, and work together in ways that were previously limited larger, well-organized, and well-funded companies. As scholars such as Yochai Benkler and Clay Shirky have persuasively argued, these modes of production provide great promise.

September 2, 2008 — 5 comments — Columns