Michael Geist

Latest Posts

Bell Internet Kiosks Fail by Boris Mann (CC BY-NC 2.0) https://flic.kr/p/6kQ5h9

Canada’s New Telecom Policy Begins to Take Shape With Rejection of Bell Appeal, Support for Net Neutrality

For the first six months of the new Liberal government, telecom watchers were unsure about whether Navdeep Bains, the Minister of Innovation, Science, and Economic Development, would maintain the pro-consumer and competition approach that typified the previous government. The Bains ministerial mandate letter referenced the importance of competition, choice, and investment in communications, leaving enough wiggle room to shift in a new direction.

My weekly technology law column (Toronto Star version, homepage version) notes that the full policy remains a mystery, but developments over the past two weeks suggest that a major change in approach is unlikely. With several big issues still to be decided – a plan for universal broadband access and review of the proposed Bell acquisition of MTS among them – getting a better sense of government policy is essential for business and consumers.

May 17, 2016 — 7 comments — Columns

Assorted pharmaceuticals by Global Panorama (CC BY-SA 2.0) https://flic.kr/p/obLg76

Canadian Government Officials Confirm TPP Will Raise Pharmaceutical Costs

Critics of trade agreements such as the TPP and the Canada-EU Trade Agreement has emphasized that a key concern is that deals will lead to increased costs for pharmaceutical drugs. At a recent Standing Committee on Health hearing on the development of a national pharmacare program, officials with Health Canada confirmed that they expect prices to increase but remain unsure about how much (hat tip: Blacklock’s Reporter). The exchange came from questions by NDP MP Don Davies:

Mr. Davies: Canada has just signed two trade deals, CETA and the TPP, which have new intellectual property provisions. All the literature and opinions I’ve read indicate that this will delay the introduction of generics to market for some time. I’m seeing estimates of two years as about what it’s going to take. Ms. Hoffman, has the department done some analysis on the likely impact of TPP and CETA, and is it true that those trade deals will likely increase the prices that Canadians pay for pharmaceuticals and add a little bit of mud to that already dirty picture?

May 11, 2016 — 9 comments — News

CBC Vancouver - Wanderin'-The-Corridors by kris krüg (CC-BY-SA 2.0), https://flic.kr/p/2jXse

Forget a Netflix Tax: How The Digital CanCon Review Can Shake Up the Status Quo

Canadian Heritage Minister Mélanie Joly’s digital CanCon consultation is likely to spark calls from the cultural establishment for new levies and taxes to fund the creation of domestic content. The Internet will be the primary target with demands for a Netflix tax along with legislative reforms that would open the door to additional fees on Internet providers.

Yet an unimaginative approach that seeks to regulate the Internet imposes costs that would make Internet access less affordable and create a regulatory environment that runs counter to fundamental principles of freedom of speech and access to information. Joly should reject efforts to recycle stale policies and instead embrace the opportunity to shake up Canadian cultural policy.

My weekly technology law column (Toronto Star version, homepage version) argues that the starting point should be a shift in funding for Canadian content creation. The current model, which relies heavily on mandatory contributions from the Canadian broadcasting community, is in decline as revenues from the sector slowly shrink (the Canadian Radio-television and Telecommunications Commission recently reported that conventional television revenues declined by 2.4 per cent in 2015).

May 10, 2016 — 12 comments — Columns

TPP Vancouver Rally by Leadnow Canada (CC BY-NC 2.0) https://flic.kr/p/GooPJ6

The TPP, IP, and Digital Policy: My CABE Presentation

Earlier this week, I delivered a webinar for the Canadian Association of Business Economics on the implications of the TPP. The talk touched on a wide range of concerns including copyright, privacy, culture, and digital policies. A video of the talk can be found here.

https://player.vimeo.com/video/164490514?byline=0&portrait=0

May 4, 2016 — 12 comments — News

failcampmtl 2014 - 031 by Eva Blue (CC BY 2.0) https://flic.kr/p/kpn4YU

The Digital CanCon Review: Be Wary of Old Whine in New Bottles

Canadian Heritage Minister Mélanie Joly surprised culture and Internet watchers last week by announcing plans for a comprehensive review of Canadian content policies in a digital world. Joly says everything is on the table including broadcasting regulation, Cancon funding mechanisms, copyright law, the role of the CBC, and the future of the Canadian Radio-television and Telecommunications Commission (CRTC).

While there is little doubt that the current framework was established for a different era, rules that have sheltered the industry from foreign competition and transferred hundreds of millions of dollars from consumers to creator groups will not disappear without a fight. Indeed, my weekly technology column (Toronto Star version, homepage version) warns that the most common refrain from the Canadian cultural community is likely to be that the existing rules should be extended to the Internet.

May 3, 2016 — 4 comments — Columns