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Crystal Ball Gazing at the Year Ahead in Tech Law and Policy

Technology law and policy is notoriously unpredictable but 2012 promises to be a busy year. My weekly technology law column (Toronto Star version, homepage version) offers some guesses for the coming months:

January. The Supreme Court of Canada holds a hearing on whether Internet service providers can be treated as broadcasters under the Broadcasting Act. The case, which arises from a CRTC reference to the courts on the issue, represents the last possibility for an ISP levy similar to the one paid by broadcasters under the current rules.

February. Industry Minister Christian Paradis unveils proposed spectrum auction rules along with changes to Canadian restrictions on foreign ownership of telecom companies. After the earlier trial balloon of opening up the market to companies with less than 10 percent market share generated a tepid response, the government jumps in with both feet by announcing plans to remove foreign investment limits for telecom companies starting in 2013 in conjunction with the next spectrum auction.

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January 3, 2012 3 comments Columns

Copyright and Open Access at the Bedside

The New England Journal of Medicine features an article on copyright overreach as a cognitive screening test faces copyright infringement claims and a longstanding test disappears from textbooks, websites, and clinical tool kits.

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January 3, 2012 Comments are Disabled News

2011 in Review: Developments in ACTA

The EFF provides a helpful review of ACTA developments over the course of 2011, which included a signed agreement and a backlash in several countries.

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January 3, 2012 Comments are Disabled News

Life Under Life Plus Fifty: Hemingway Enters Public Domain in Canada

New Year’s Day now marks public domain day, the day when new works enter into the public domain.  While Europe marks the entry of James Joyce into its public domain, Joyce has been in the public domain in Canada for the past 20 years, serving as an important reminder of […]

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January 1, 2012 15 comments News

Supreme Court Securities Act Constitutionality Ruling Throws Digital Laws into Doubt

The Supreme Court of Canada this morning ruled that the federal government’s plan to create a single securities regulator is unconstitutional since it stretches the federal trade and commerce clause too far into provincial jurisdiction. The ruling is a wake-up call on the limits of federal powers, even where many […]

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December 22, 2011 26 comments News