Latest Posts

Voices in the Park 2012 by Maurice Li Photography https://flic.kr/p/dcxotL (CC BY-NC-ND 2.0)

Bryan Adams Warns Canadian Heritage Committee on Copyright Term Extension: Enriches Large Intermediaries, Not Creators

Canadian artist Bryan Adams captured headlines earlier this year when he appeared before the Standing Committee on Canadian Heritage and urged reform to the reversion provision that seeks to remedy the bargaining imbalance between creators and music labels/publishers by reverting the rights many years later. Adams noted that creators never experience the benefit of reversion since it applies decades after their death. Instead, he proposed a 25 year reversion rule, which he argued was plenty of time for copyright to be exploited by an assignee.

Read more ›

December 21, 2018 9 comments News
Bains step in the right direction, https://twitter.com/navdeepsbains/status/976939815403847680, https://www.canada.ca/en/innovation-science-economic-development/news/2018/12/minister-bains-comments-on-crtc-announcement-on-lower-cost-data-only-mobile-wireless-plans.html, https://www.canada.ca/en/innovation-science-economic-development/news/2017/12/minister_bains_commentsonbellcanadasintroductionofluckymobile.html, https://twitter.com/navdeepsbains/status/976939815403847680

Stepping In It: Why Navdeep Bains’ Failing Wireless Strategy is Not a Step in the Right Direction

The CRTC’s low-cost data-only plan decision released yesterday was as unsurprising as it was uninspired. Under CRTC Chair Ian Scott, the Commission has abandoned any pretense of consumer focus, reverting to the days when Canadians perceived the regulator as a guardian of industry interests. The low-cost data-only decision, which is ostensibly designed to address a serious gap in affordable wireless services, will do little to solve the problem. Indeed, even the CRTC admitted that “none of the revised plans on their own would necessarily be enough to fill the gap identified by the Commission with respect to lower-cost data-only plans.” Those revised plans, which CRTC largely supported, would be laughably uncompetitive in most developed countries (as one expert noted yesterday, $30 for 1 GB is not a low cost data plan).

Read more ›

December 18, 2018 12 comments News
Pay Now - Tight by Matthew Oliphant (CC BY-ND 2.0) https://flic.kr/p/a4f7cr

No More Settlement Demands: New Rules for Canadian Copyright Notice-and-Notice System Receive Royal Assent

Bill C-86, the Budget Implementation Act that includes extensive copyright reforms, passed the Senate and received royal assent last week. With little fanfare, the rules for Canada’s copyright notice-and-notice have now changed. The law no longer requires Internet providers to forward notifications that include the following:

(a) an offer to settle the claimed infringement;
(b) a request or demand, made in relation to the claimed infringement, for payment or for personal information;
(c) a reference, including by way of hyperlink, to such an offer, request or demand; and
(d) any other information that may be prescribed by regulation

Read more ›

December 17, 2018 16 comments News
Troubleshooting the Phone System by Solarbotics (CC BY 2.0) https://flic.kr/p/baeGVK

Telecom Train Wreck: Why It Is Time for the Government to Address the Mess That Is The CRTC

The continuing consumer group boycott of the CRTC’s Internet code proceeding was raised directly with Prime Minister Justin Trudeau during Question Period in the House of Commons yesterday. NDP MP Brian Masse noted “the CRTC says it wants to establish a consumer Internet code of conduct, but has failed to provide sufficient time for consumer groups and the public. The result is a boycotted and broken system.” Trudeau’s responded that the government was proud of working with the CRTC and included a parting shot at the NDP, commenting on its support of a taxes on Internet usage. Regardless of the NDP position on an Internet tax (Masse says he opposes one), what is notable is that it is the CRTC that has emerged as a vocal supporter of an ISP tax. CRTC Chair Ian Scott’s decision to back an ISP tax as part of a larger scheme to regulate Internet-based services not only runs counter to Trudeau’s opposition to an Internet tax but it also points to a regulator that is increasingly anti-consumer in approach.

Read more ›

December 13, 2018 2 comments News
Privacy Please by ricky montalvo (CC BY-ND 2.0) https://flic.kr/p/8RF3Ez

A Failure of Enforcement: Why Changing the Law Won’t Fix All That Ails Canadian Privacy

Canadian Privacy Commissioner Daniel Therrien renewed his call for an overhaul of Canada’s private-sector privacy legislation this week. Responding to a national data consultation launched by Innovation, Science and Economic Development Minister Navdeep Bains, Therrien recommended enacting a new law that would include stronger enforcement powers, meaningful consent standards and the extension of privacy regulations to political parties. My Globe and Mail op-ed argues that while the need for a modernized privacy statute has been evident for some time, Canada’s privacy shortcomings are not limited to a decades-old legal framework struggling to keep pace with technological change.

Read more ›

December 7, 2018 7 comments Columns