Michael Geist

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Ottawa City Hall by Lord of the Wings© (CC BY-SA 2.0) https://flic.kr/p/4PJ1QX

City Councils Strike Back in Bell Broadband Battle

The Canadian battle over broadband services has taken an unexpected turn in recent weeks as Bell’s effort to win high profile support for its appeal of a crucial ruling issued by Canada’s telecom regulator appears to have backfired. After support from Toronto Mayor John Tory and Ottawa Mayor Jim Watson for the telecom giant came to light, city councillors in both cities fought back with motions rejecting the mayors’ positions and expressing support for more competitive Internet services.

My weekly technology law column (Toronto Star version, homepage version) notes that the issue started with a July 2015 Canadian Radio-television and Telecommunications Commission decision that extended policy measures designed to support independent Internet providers to emerging fast fibre connections. The ruling meant that Bell would be required to share their infrastructure with independent carriers on a wholesale basis. The policy guarantees Bell a profit on the connections, but also promotes increased competition that should provide consumers with more choice and better pricing.

February 16, 2016 — 3 comments — Columns

The Tag by monica renata (CC BY 2.0) https://flic.kr/p/5USNZT

The Trouble With the TPP, Day 30: Losing Our Way on Geographical Indications

Geographical indications (GI) are signs used on goods – frequently food, wine, or spirits – that have a specific geographical origin and are said to possess qualities, reputation or characteristics that are essentially attributable to that place of origin. Given the quality associated with the product, proponents of GI protection argue that it is needed to avoid consumer confusion as well as to protect legitimate producers.

Europe has the most extensive geographical indication protections in the world. These include Protected Designation of Origin (PDO), which covers agricultural products produced, processed and prepared in a given geographical area using recognized know-how; Protected Geographical Indication (PGI), which covers agricultural products linked to the geographical area; and Traditional Speciality Guaranteed (TSG), which highlights traditional character, either in the composition or means of production.   The net effect of the European system is that hundreds of items enjoy special legal protection.

What does this have to do with the TPP?

February 12, 2016 — 5 comments — News

The Death of the Newspaper Business by Thomas Hawk (CC BY-NC 2.0) https://flic.kr/p/aa7yyW

Why Journalism is not Dying in the Digital Age

The ongoing financial struggles of Canadian businesses that have traditionally delivered the news – particularly newspapers and local broadcasters – have generated considerable discussion and consternation over the past month. With significant layoffs, newspaper closures, and testimony before Canada’s broadcast regulator that the cost of delivering local news is unsustainable, there have been mounting calls for new funding programs, studies, or other measures to address the issue.

My weekly technology law column (Toronto Star version, homepage version) notes that much of the commentary emphasizes the critical link between a strong, independent media and holding governments at all levels to account for their actions. While there is little debate over the essential role of journalism, the tougher question is whether emerging digital alternatives can provide an effective substitute.

February 12, 2016 — 5 comments — Columns

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

The Trouble With the TPP, Day 29: Cultural Policy Innovation Uncertainty

This week’s lengthy Trouble with the TPP post focused on the likelihood that efforts to require online video providers to pay mandatory Cancon contributions would be challenged under the TPP. While I am not a supporter of extending contributions to companies like Netflix, including such a restriction within a trade agreement is bad policy. Today’s post continues with the culture theme, by examining the risk that other new policy innovations might also be stymied by the TPP.

The Globe and Mail’s Kate Taylor recently wrote a column arguing that Canadian cultural production is in crisis and calling for reforms to address the issue. For example, Taylor cited the possibility of tax credits for advertising on websites that meet a Canadian content threshold similar to the policy for television and radio broadcasters. ACTRA has long called for a similar policy, noting the benefits of tax deductions for advertising on Canadian-owned websites that give prominence to Canadian content.

But would such a policy pass muster on the TPP? It’s not totally clear that it would.

February 11, 2016 — 1 comment — News

Vint Cerf by Joi Ito (CC BY 2.0) https://flic.kr/p/3LJLYj

The Trouble With the TPP, Day 28: Privacy Risks From the Source Code Rules

Yesterday’s Trouble with the TPP post examined some of the uncertainty created by the surprising e-commerce provision that involves restrictions on source code disclosures. KEI notes that governments have not been shy about requiring source code disclosures in other contexts, such as competition worries. Yet this rule will establish new restrictions, creating concerns about the implications in areas such as privacy. For example, security and Internet experts have been sounding the alarm on the risks associated with exploited wifi routers and pointing to source code disclosures as potential solution.

Dave Farber, former Chief Technologist of the Federal Communications Commission, warns:

February 10, 2016 — 3 comments — News