Columns

Ten More Questions for Industry Minister Prentice

Last fall, as Industry Minister Jim Prentice was preparing to introduce new copyright legislation, I wrote an article in the Hill Times posing ten questions to Prentice about the forthcoming bill. Many of the questions – which focused on issues such as flexibility in implementing international copyright treaties, concern about the bill from the privacy community, fears about the impact of the law on security research, and doubts about the constitutionality of the proposal – remain unanswered. Yet the six-month copyright delay has raised many more questions, including the following ten, which appear in this week's Hill Times (Hill Times version (sub req), homepage version):

1. Days before you were scheduled to introduce the copyright bill, you claimed that Canadian business executives were anxious for copyright reform. In February 2008, however, the Business Coalition for Balanced Copyright, which features a who’s who of Canadian business (Telus, Rogers, Cogeco, SaskTel, MTS Allstream, Google, Yahoo, Retail Council of Canada, and Canadian Association of Broadcasters) spoke out against U.S.-style copyright legislation and in favour of an expanded fair dealing provision. Why is Canada's Industry Minister prepared to ignore the concerns of Canadian business?

2. In recent months countries such as New Zealand and Israel have enacted wide ranging copyright reforms that have either rejected the U.S. approach or included significant flexibility to preserve the copyright balance. Why are those countries able to strike a balance in the face of U.S. pressure, yet Canada appears ready to cave to U.S. insistence that it follow its much-criticized model?

May 26, 2008 — 9 comments — Columns

Senate Spam Bill Important First Step After Years of Inaction

The Canadian government's lack of action against spam has been one of the most puzzling policy failures in recent years. While addressing a problem that has grown from a mere nuisance to a costly scourge that raises criminal concerns would seem like a no-brainer, successive Industry Ministers have failed to prioritize the issue. The need for Canadian anti-spam legislation was the unanimous recommendation of the 2005 National Task Force on Spam, which included members from the Internet, marketing, and consumer communities (I was a member of the task force). The final report, which was received with approval from the current Conservative (then Liberal) Minister David Emerson, noted that Canada was quickly becoming one of the only Western countries to neglect the issue and was at risk of developing into a haven for spammers seeking refuge in countries with lax anti-spam regulations.

While a government-backed anti-spam bill is still nowhere to be seen, my weekly technology law column (Toronto Star version, homepage version) focuses on the fact that earlier this month Senator Yoine Goldstein quietly stepped into the policy void by introducing the Anti-Spam Act (ASA). Modeled after widely lauded Australian anti-spam legislation, the ASA is the most comprehensive Canadian anti-spam proposal floated to date and even if it languishes in the Senate (private member's bill rarely become law) it promises to place additional pressure on the government to reveal its own anti-spam plan.

May 19, 2008 — 3 comments — Columns

Conservatives Could Face Long, Hot Copyright Summer

The Hill Times runs a special op-ed (Hill Times version (sub req), homepage version) I wrote that outlines an alternative policy path for the Conservatives on copyright. If the Ottawa rumour mill is correct, Industry Minister Jim Prentice will introduce copyright reform legislation in the next few weeks. The decision to forge ahead with the controversial reform package is a curious one. While the pressure from the United States to act continues to escalate – representatives from the U.S. Embassy paid a visit to the Parliamentary intellectual property caucus last week and caucus members plan to travel to Washington later this month – there are alternatives that would address some of the top intellectual property concerns without subjecting Conservative MPs to a steady stream of criticism throughout the summer from concerned consumers, educators, and businesses.

May 13, 2008 — 4 comments — Columns

Records Indicate Government Misusing Crown Copyright

As Industry Minister Jim Prentice prepares to introduce new copyright legislation, crown copyright is unlikely to be part of the reform package. My weekly technology law column (Toronto Star version, homepage version) notes that according to documents obtained under the Access to Information Act, there may be a disturbing reason behind the government's reluctance to address it – crown copyright costs Canadians hundreds of thousands of dollars while being used as a tool to suppress public criticism of government programs.

Dating back to the 1700s, crown copyright reflects a centuries-old perspective that the government ought to control the public's ability to use official documents. Today crown copyright extends for fifty years from creation and it requires anyone who wants to use or republish a government report, parliamentary hearing, or other work to first seek permission. While permission is often granted, it is not automatic. The Canadian approach stands in sharp contrast to the situation in the U.S. where the federal government does not hold copyright over work created by an officer or employee as part of that person's official duties. Government reports, court cases, and Congressional transcripts can therefore be freely used and published.

The existence of crown copyright affects both the print and audio-visual worlds and is increasingly viewed as a barrier to Canadian film making, political advocacy, and educational publishing.

May 12, 2008 — 24 comments — Columns

Canada’s Wireless Crisis

This week I delivered the opening speech at the annual Spectrum 20/20 conference that focused on the state of Canadian wireless marketplace. As the title of this blog posts suggest, I believe that Canadian wireless is in a state of crisis, with limited competition and high data prices. The talk and slides have been posted to Blip.tv and are embedded below.

Note that I also covered the issue this week in my technology law column (Toronto Star version, Ottawa Citizen version, Vancouver Sun version, homepage version). I begin by noting that last week's announcement that the Apple iPhone will make its long awaited Canadian debut later this year generated considerable excitement. While analysts focused on the bottom line impact for Rogers Wireless, it may be that the most important effects have already been felt in Canada since more than any industry statistics or speeches, the iPhone's slow entry into Canada has crystallized the view that the Canadian wireless market is hopelessly behind the rest of the world with limited competition, higher prices, and less choice.

May 7, 2008 — 25 comments — Columns