Michael Geist

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Technology and the Law in 2014: 14 Questions in Need of Answers

The coming year is likely to be a very significant one for law and technology. As the year unfolds, my recent law and technology column (Toronto Star version, homepage version) lists 14 questions (along with possible answers) that will go a long way to determining the path of Canadian technology law policy.

1. Will the government finally unveil a national digital strategy?

The long-promised national digital strategy could become a reality in 2014 after years of inaction. Industry Minister James Moore is on the verge of clearing out the lingering policy issues he inherited and may be ready to set his own path on a digital strategy.

2. Will the wireless spectrum auction be judged a failure?

The contentious wireless spectrum auction should take place early in 2014, but with few, if any, new competitors, the auction seems destined to do little more than entrench the status quo.

January 7, 2014 — 1 comment — Columns

The Letters of the Law: The Year in Tech Law and Policy

With Edward Snowden and the great wireless war of 2013 leading the way, law and technology issues garnered headlines all year long. My weekly technology law column (Toronto Star version, homepage version) takes a look back at 2013 from A to Z:

A is for Americangirl.ca, a Canadian domain name that was the subject of two dispute claims in 2013. The popular doll company relied on a quirk in the policy that permitted a follow-up complaint after its first case was rejected.

B is for Bell TV, which a federal court ordered to pay $20,000 for violating the privacy of a customer. The case arose when Bell TV surreptitiously obtained permission to run a credit check by including it as a term in its rental agreement without telling the customer.

C is for the Competition Bureau of Canada, which launched an investigation into alleged anti-competitive practices by search giant Google.

December 29, 2013 — 3 comments — Columns

Supreme Court of Canada Emphasizes Balance in Determining Copyright Scope of Protection

The Supreme Court of Canada issued another copyright decision this morning, ruling in favour of Claude Robinson in a longstanding copyright infringement battle over a children’s television series. Robinson was vindicated in the decision with an award of millions of dollars. The case is an important one for determining whether […]

December 23, 2013 — 46 comments — News

Copyright Collectives Gone Mad: How the ERCC Spent Dollars to Earn Pennies

Howard Knopf points to an interesting Copyright Board of Canada decision that provides a instructive lesson in how copyright collectives fail. At issue is the Educational Rights Collective Canada, a collective formed in 1998 to collect royalties for educational copying of broadcast programs in classrooms. The ERCC, which includes the […]

December 20, 2013 — 7 comments — News

Govt Promises Domestic Wireless Roaming Regulation: Can Wholesale Price Regulation Be Far Behind?

Industry Minister James Moore yesterday took another step toward improving the state of wireless competition in Canada by announcing plans to cap wholesale domestic roaming fees at the same rates the companies charge their own customers. The cost of domestic roaming has been a persistent concern for new entrants and regional wireless carriers, who argue that the national carriers increase wholesale prices for roaming that render the smaller players less competitive. The new government reforms will put an end to those concerns. Moreover, it plans to create tough new penalties for companies that violate the wireless code or other regulatory requirements, a move that may increase compliance rates.

While the usual critics will moan that the latest changes are indicative of a wireless policy with ever-changing rules, the reality is that the government has made a clear commitment toward addressing the state of wireless competition in Canada. Some of its hopes may have been thwarted – the entry of Verizon tops that list – but identifying and addressing competitive barriers should be a continuing process with regular reforms as needs arise.

December 19, 2013 — 13 comments — News