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UN Internet Takeover Rumours Mask Bigger Governance Shortcomings

In recent months the Internet has been buzzing about the prospect of a United Nations “takeover” of the Internet, including responsibility for governance of the domain name system. The concern hit a fever pitch late last month when the U.S. Congress held hearings on the issue. A steady stream of technology companies and consumer groups expressed fears with potential U.N. and foreign government involvement and members of Congress pledged to take a strong stand against the takeover.

While a U.N. takeover would indeed be cause for serious concern, my weekly technology law column (Toronto Star version, homepage version) notes the reality is far more complex and somewhat less ominous. This issue has been festering for over 15 years and is less about whether there will be efforts at governmental control and more about which government controls.

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June 13, 2012 — 4 comments — Columns

Why Bill C-11’s Digital Lock Rules May Hurt Copyright Enforcement

The Standing Committee on Industry, Science and Technology, which is continuing its study on intellectual property, received some important evidence last week from an Ottawa firm focused on IP enforcement issues. Harry Page, the CEO of UBM TechInsights, told the committee that Bill C-11 will actually impede the ability to enforce intellectual property rights. Page’s concern is the same as that expressed by businesses, consumer groups, education: overbroad digital lock rules. According to Page:

we have a concern that aspects of the Copyright Act may actually have an unintended consequence with respect to our local technology community and our ability help people in the protection of their intellectual property. Specifically, our concern is that the anti-circumvention provisions could create legal uncertainty where that would actually discourage the use of forensics to detect infringement of other forms of intellectual property. Even though the fact is that the circumvention of those protection measures actually have nothing to do with the copyright material under protection.

While the committee legislation is now passed and will soon be enacted we will continue our pledge to continue to work with the government and the appropriate bodies to ensure that the regulatory language bringing the act into force are clear and precise so they do not hinder the full and forceful protection of Canadian intellectual property and the protection of intellectual property creators and owners in the international marketplace.

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June 12, 2012 — 10 comments — News

CRTC on Over-The-Top Video: Opportunity Not Threat

CRTC Commissioner Peter Menzies delivered a speech for Len Katz yesterday at the Banff World Media Festival, which featured some notable comments about over-the-video services such as Netflix: OTT is an exciting new way to reach out to people. Let’s not think of it as a threat to Canadian content. […]

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June 12, 2012 — 2 comments — News

Seeking Solutions to the Mounting Social Media Privacy Concerns

The House of Commons Committee on Ethics, Accountability and Privacy recently launched a major new study into the privacy concerns raised by popular social media sites. The study promises to canvass a wide range of perspectives as elected officials grapple with emerging privacy issues and consider whether the current legal framework provides sufficient protection.

Canadians are among the most active social media users in the world, yet the growing reliance on sites such as Facebook, Twitter, LinkedIn, and Google+ has generated unease with the privacy implications of massive data collection. My weekly technology law column last week (Toronto Star version, homepage version) notes I was recently invited to appear before the committee and used my time to identify four areas in need of action.

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June 11, 2012 — 1 comment — Columns

Government Says Vote on C-11 By June 18th

Government House Leader Peter Van Loan told the House of Commons last week that the government intends to have a third reading vote on Bill C-11, the copyright reform bill, by June 18th. ∓

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June 11, 2012 — 16 comments — News
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