Earlier this week, I opened my mailbox to find the above pictured campaign flyer from the Conservative Party. The flyer asks “Who Is the Real Friend of Israel and the Jewish Community in Canada” on the outside and tries to make the case for the Conservatives on the inside. The flyer was personally addressed to my family and was apparently sent to many Jewish households (or presumed Jewish households). As I noted in a tweet yesterday, I don’t know how my family made it into the Conservative party list. The party might have visited the house, saw a mezzuzah on the door, and made the connection. Maybe it bought a list with the name from a community organization or publication. Or perhaps it just guessed based on geographic areas or names.
News
Why Do Canada’s Political Parties Have a Hard Time Saying No to New Internet and Wireless Taxes?
The question should be an easy, slam-dunk: will you implement new Internet or wireless taxes to support the creation of Canadian content? Given that Canada has some of the highest Internet and wireless costs in the world, rejecting new fees or taxes that would further increase those costs should not require any hedging or attempts to change the subject. In fact, while the Canadian Heritage committee and the CRTC have proposed new wireless fees and taxes, Prime Minister Justin Trudeau clearly rejected the approach. For example, minutes after the Heritage report was released, he told the press:
Celebrating Ian Kerr
This past week there were two notable celebrations of the life and work of Ian Kerr. First, Jotwell published a remarkable tribute featuring 12 short reviews of some of Ian’s most notable scholarship. The collection speaks both to Ian’s breadth of scholarship covering privacy, copyright, e-commerce, robots, and AI as well as his incredible impact with contributors from around the world. I was privileged to wrote about Ian’s 2005 chapter on digital rights management and anti-circumvention laws.
On Friday, September 27th, the University of Ottawa gathered together for a community celebration of Ian. The full video is embedded below. The event included musical performances and speeches from former students, colleagues, collaborators, and admirers. I was honoured to speak and I have posted my remarks below. The event also provided an opportunity to formally launch the Ian R. Kerr Memorial Fund, which will support students, events, and research. More information on the fund and how to contribute can be found here.
“A Broad and Liberal Interpretation”: The Supreme Court of Canada Expands Copyright Users’ Rights
The Supreme Court of Canada today released its decision in Keatley Surveying v. Teranet, a case that involves the application of the Copyright Act’s crown copyright provision to land surveys registered or deposited in provincial land survey offices. The Government of Ontario argued that crown copyright applies to the surveys. The surveyors argued that it did not and were seeking compensation for their inclusion in a database service run by Teranet under licence from the province. The court ruled in favour of the province, concluding that the surveys are covered by current crown copyright provision.
I’ll address the challenges with that decision in an upcoming post, though it is clear that the majority decision written by Justice Abella is open to legislative reform:
In Memoriam: My Dear Friend and Colleague Ian Kerr
Nearly twenty years ago, Ian Kerr was a rising star in the law and technology field at the University of Western Ontario. He had already published on the role of computers as intelligent agents in the nascent world of electronic commerce and was crafting new courses examining the legal and ethical challenges posed by machines and the law. In the fall of 1999 – about a year after I had arrived at Ottawa – he agreed to a visit to consider coming to help build a leading program focused on law and tech. I spent the day trying to convince Ian to come, offering tours of the law school, the city’s foodie hot spots, and a dinner at my house. My closing argument was that no matter his decision, this was going to happen since Ottawa was ideally situated to lead on tech law and policy and that there was no better place for him, personally or professionally.
I’m heartened that Ian told me during my last visit with him at the Ottawa Hospital that the decision was one of the best he ever made. But I was wrong. This wasn’t just going to happen. It happened because Ian – my colleague, friend, advisor, and professional partner – made it so.
Ian passed away last night after months of battling complications from cancer. He was a singular talent, whose impact not just on the field, but on everyone he worked with, taught, mentored, or lectured will be felt for decades to come.
Recent Posts
Risky Business: The Legal and Privacy Concerns of Mandatory Age Verification Technologies 
Another Canadian Digital Policy Own Goal: Corporate TikTok Ban Leads to Millions in Lost Cultural Group Support 
The Law Bytes Podcast, Episode 239: The Rise and Fall of Canada’s Digital Services Tax 
Canada’s DST Debacle a Case Study of Digital Strategy Trouble 
Canadian Government Caves on Digital Services Tax After Years of Dismissing the Risks of Trade Retaliation
