MICHAEL GEIST
Thursday, June 14, 2001
Although Canadians regularly go to the polls to participate in national or local elections, most still feel far removed from the policy making process. When it comes to Internet policy, however, Canadians have ample opportunity to speak out and to influence a range of issues. From domain name governance to Web advertising standards to copyright reform, Canadians are being asked for views and votes as never before.
In early June, following months of preparation, the Canadian Internet Registration Authority, the administrator for the dot-ca domain, launched its official election campaign. The campaign will allow everyone who owns a dot-ca domain to vote for nine of the CIRA board's 12 directors. (Full disclosure: I am on the ballot after having been nominated by the board's nominating committee in April.)
There are 15 candidates running for the nine available spots, including some current board members running for re-election, representatives from many dot-ca registrars, three lawyers, several computer scientists, as well as a number of unaffiliated candidates. While some might think of CIRA as a technical body responsible solely for delegating dot-ca domains, its decisions address many important policy issues. In the coming months, the board will implement a dot-ca domain name dispute resolution process that will define the rights of both trademark holders and domain name registrants. It will also consider anew the question of Canadian presence requirements for owning a dot-ca domain and assess the current domain name cost and registration structures.
With CIRA moving from an appointed board to an elected one, the Canadian public has the opportunity to help shape these important policy decisions. Voting is open from June 22 to 28, with dot-ca owners casting their ballots over the Internet. During the current campaign period, Canadians may visit the CIRA Web site to learn more about the candidates' policy positions and to ask questions directly in a public on-line forum.
CIRA aside, the federal government is also reaching out to Canadians for their views on key policy issues. Late last month the Competition Bureau released its perspective on Internet-based advertising in a publication titled Staying 'On-side' When Advertising Online: A Guide to Compliance with the Competition Act When Advertising on the Internet.
The draft guidelines detail the government's requirements for on-line advertising disclosures, including the use of disclaimers, links, and the proximity of consumer information to product claims. The guidelines also clarify the government's view on the limits of its jurisdictional reach. It contends that if a Web site targets Canadian consumers, Canadian law applies regardless of the Web site location. Comments on the draft guidelines are due by late July.
Reform to the current copyright law framework is one of the hottest Internet policy issues. Newspaper reports suggest that the Canadian government will release a public discussion paper before the end of the month on possible changes to the Copyright Act's retransmission provisions.
Cable companies have relied on these provisions for years to enable them to retransmit television signals over their cable networks. With the advent of the Internet, upstarts such as iCraveTV and JumpTV have sought to do the same, raising considerable concern within the broadcasting community.
Although a Copyright Board hearing on the application of the retransmission provisions to the Internet is set for later this year, the government is considering short-circuiting those hearings by changing the law. The public discussion paper is reported to contain several policy options, including retaining the status quo, creating an Internet-specific exemption, or requiring all retransmitters to limit their signal to Canada.
While the broadcasters, retransmitters and other parties with a vested interest in this issue will make certain they are heard, individual Canadians should speak out as well. Reforms to the Copyright Act affect more than just those that create and deliver content -- they also affect consumers who watch television, listen to music or read books. Copyright law has long been seen as a balance between the interests of content creators and those of consumers. To ensure that the balance is maintained, Canadians must voice their views on the prospective changes.
A current Apple Computer Inc.advertising campaign urges computer users to "Rip. Mix. Burn. It's your music." With the opportunity to influence Internet policy as never before, Canadians would do well to heed a similar message: "Surf. Get informed. Speak out. It's your Internet."
Michael Geist is a law professor at the University of Ottawa Law School and Director of E-Commerce Law at the law firm Goodmans LLP. His Web site is http://www.lawbytes.com.
mgeist@uottawa.ca
