Latest Posts

How Canadians Reclaimed the Public Interest on Digital Policy

The fall of 2007 was a particularly bleak period for Canadians concerned with digital policies. The government had just issued a policy direction to the CRTC to adopt a hands-off regulatory approach even as consumer prices for Internet and wireless services were increasing. Meanwhile, the Department of Public Safety held a semi-secret consultation on Internet surveillance where mandatory disclosure of subscriber information was assumed.

Moreover, the CRTC had largely rejected mounting concerns with the way Internet providers managed their networks (often called network neutrality), there were doubts about new wireless competitors entering the marketplace, Industry Canada had seemingly no interest in developing anti-spam laws or updating privacy legislation, the government agreed to participate in negotiations on the Anti-Counterfeiting Trade Agreement, and a copyright bill with virtually no user-oriented provision was being prepared for introduction.

My weekly technology law column (Toronto Star version, homepage version) notes that fast forward five years later and the CRTC has now positioned itself as a staunch defender of the public interest with consumer concerns at the centre of its policy making process, a lawful access bill was introduced in the spring but is viewed as politically dead, the CRTC has crafted and enforced new net neutrality rules, anti-spam legislation has been enacted, there are several new wireless providers and the removal of most foreign investment restrictions, the Anti-Counterfeiting Trade Agreement is discredited after being rejected by the European Parliament, and copyright reform is set to take effect this week with a host of user safeguards and rights.

Read more ›

November 6, 2012 2 comments Columns

Supreme Court Confirms Privacy Survives in the Workplace

Millions of Canadians go to work each day, turn on their workplace computers, and wonder whether they have also shut off their privacy. Many employers seek to remove any reasonable expectation of privacy by telling employees that they should not expect any privacy when using workplace computers during company time.

Earlier this month, the Supreme Court of Canada grappled with the question of workplace privacy and arrived a somewhat different conclusion. My weekly technology law column (Toronto Star version, homepage version) notes it ruled that the workplace environment may diminish an employee’s reasonable expectation of privacy, but it does not remove the expectation altogether.

Read more ›

November 2, 2012 3 comments Columns

EU Drops Demands for Inclusion of ACTA’s Criminal IP Provisions in CETA

Reports this morning from EDRI, a European digital rights group, indicate that Europe has now dropped demands to include ACTA-style intellectual property criminal provisions within the Canada – EU Trade Agreement. The inclusion of IP criminal provisions in CETA was the source of considerable outrage in Europe in the aftermath […]

Read more ›

November 1, 2012 3 comments News

Government To Delay Implementation of Bill C-11’s Internet Provider Rules

The government is slated to bring Bill C-11, the copyright reform bill, into effect next week without the “notice-and-notice” rules for Internet providers. The revelations come in a Privy Council document that provides notification on when the bill will come into force. It is expected that the order bringing the […]

Read more ›

October 31, 2012 4 comments News

De Gucht Says “No Illusions” About Difficult CETA Issues

EU Commissioner Karel de Gucht says that there should be “no illusions” about the remaining difficult issues in the Canada – EU Trade Agreement, suggesting that completion by the end of the year remains uncertain. De Gucht indicated that CETA once included ACTA language, but says that has now been […]

Read more ›

October 31, 2012 1 comment News