Latest Posts

Stop Spam, CC0 Creative Commons https://pixabay.com/en/stop-spam-spam-road-sign-mail-940526/

Better Marketing and Reduced Spam: New Data Demonstrates that Canada’s Anti-Spam Law is Working

Few Canadian laws have sparked as much animosity from the business community as Canada’s anti-spam legislation (CASL). The law, which took effect in 2014, has faced a barrage of complaints regarding its breadth and cost of implementation. Yet as a House of Commons committee nears the conclusion of a statutorily-mandated CASL review, it has become increasingly clear that the law has worked.

My Globe and Mail op-ed notes that while spam has obviously not disappeared from anyone’s inbox, the law never envisioned eradicating the proliferation of spam, spyware, malware, and other online ills. Rather, new data disclosed at the committee review reveal that Canada is a now a world anti-spam leader, resulting in more effective e-commerce campaigns and a significant reduction in the number of spam organizations operating within Canada.

Read more ›

October 31, 2017 — 2 comments — Columns
canadian money is pretty by Robert Anthony Provost (CC BY 2.0) https://flic.kr/p/3jV8UB

Access Copyright Calls for Massive Expansion of Damage Awards of Up To Ten Times Royalties

The Canadian government’s consultation on reform to the Copyright Board recently closed and the 60 written responses were just posted online (my response – which focuses on the public interest role of the Board – can be found here). I will have a more fulsome review of the responses in the weeks ahead, but in the meantime one of the most radical recommendations, from Access Copyright, is worthy of comment. The copyright collective has called for a massive expansion of damage awards, seeking a new statutory damages provision that could result in damage awards ten times the size of actual applicable royalties.

Read more ›

October 30, 2017 — 3 comments — News
free consultation by russell davies (CC BY-NC 2.0) https://flic.kr/p/4jxLPq

Too Much of a Good Thing: What Lies Behind Canada’s Emerging Consultation Crisis

After years of often feeling excluded from the policy making and legislative process, many civil society groups were excited by the prospect of a new government committed to public consultations and feedback. The Liberal government moved quickly to consult on all manner of issues, providing hope that an emphasis on participatory democracy would lead to better policies and an opportunity to incorporate a broader range of perspectives.

My op-ed in today’s Hill Times notes that two years into the Liberal mandate, the consultative process is now a well-established part of how policy is developed. It is nice to be asked for your opinion, but Canada is increasingly facing a consultation crisis as the sheer volume of hearings, notices, and consultations can be overwhelming.

Read more ›

October 25, 2017 — 4 comments — Columns
IMG_20170926_090441.jpg by Council of Canadians (CC BY-NC-SA 2.0) https://flic.kr/p/XQuufC

Life After NAFTA: Why No Deal May Free Canada on Intellectual Property Policy

The Senate Open Caucus held a two-hour panel on NAFTA modernization last week with the intention of exploring the benefits and costs of re-working Canada’s most significant trade agreement. In light of signals that the United States be laying the groundwork to cancel the existing deal, however, the discussion quickly turned to the challenges and opportunities of life after NAFTA.

My role on the panel was to focus on NAFTA’s intellectual property and e-commerce implications. My Globe and Mail op-ed notes that to my surprise, the shift in focus to a post-NAFTA world was liberating, opening the door to considering Canadian policies that have previously been viewed as unattainable given intense U.S. pressure on intellectual property policy that favours “Americanization” of global rules. A world without NAFTA would unquestionably be a shock to the economic system, but it would also free the government to establish made-in-Canada IP policies that better reflect domestic values and pursue trade agreements that use international standards as the baseline rather than U.S. demands.

Read more ›

October 23, 2017 — 2 comments — Columns
Here is the Internet by Wolfgang Stief (CC0 1.0) https://flic.kr/p/7k6W5j

Government Rejects Call for an Internet Tax: “Conflicts With Principle of Affordable Access”

The federal government yesterday released its response to the Standing Committee on Canadian Heritage report on local media released last June. The most controversial recommendation in that report – one swiftly rejected by Prime Minister Trudeau – was a call for a new Internet tax to help fund Canadian media and the creation of Cancon. As I wrote at the time, the proposal is a terrible idea that runs counter to important policy objectives of fostering affordable network access for all Canadians.

The government response, signed by Ministers Joly, Bains, and Morneau, rightly notes that “access to affordable broadband Internet, particularly in rural and remote regions, is essential to the participation of the Canadians in the digital economy.”  In light of this policy priority, the government firmly rejects the Internet tax proposal, grounding its decision in the principle of affordable access:

Read more ›

October 19, 2017 — Comments are Disabled — News
1 … 189 190 191 192 193 … 1,428