Archive for March, 2010

Clement on Copyright: A Made-in-Canada Approach

In the immediate aftermath of yesterday's Speech from the Throne, some copyright watchers claimed that it foreshadowed the return of a Canadian DMCA, pointing to language that promises to "strengthen laws governing intellectual property and copyright."  While the return of Bill C-61 is a possibility, comments from Industry Minister Tony Clement immediately afterward suggest that he is not a mirror image of his predecessor Jim Prentice. 

Clement has spoken frequently on the need for forward-looking legislation and launched a major copyright consultation effort last summer.  Yesterday, he was asked specifically about copyright and U.S. claims that Canada is a copyright outlaw on CTV's Power Play.  His response:

I've been pretty clear to the Americans and in my public statements that we are moving ahead with copyright reform.  The key is, from the American perspective, they want us to be part of WIPO, which is an international treaty on protecting intellectual property.  We don't have a problem with that, but we're going to do it in a made-in-Canada way.  We're not just going to take what the Americans are doing or what the Europeans are doing.  We are going to fit it to the Canadian context and I think that is the right thing to do.

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March 4, 2010 41 comments News

Making Sense of the Canwest – Shaw Deal

Ira Wagman puts the Canwest – Shaw deal in context, noting that media concentration in Canada is a direct consequence of a broader media policy.

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March 4, 2010 2 comments News

EFF’s Unintended Consequences: 12 Years Under the DMCA

The EFF has updated its report on the unintended consequences of the DMCA.  The report highlights the actual consequences of the U.S. approach to anti-circumvention rules.

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March 4, 2010 1 comment News

Speech From the Throne: Digital Strategy, Copyright, Open Telecom, Lawful Access, & Cybersecurity

Today’s Speech from the Throne, which sets out the government’s agenda for coming Parliamentary session, includes a considerable number of digital issues.  These include: a digital economy strategy: “a digital economy strategy to drive the adoption of new technology across the economy” copyright reform: “to encourage new ideas and protect […]

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March 3, 2010 67 comments News

Parliamentary Restart Offers Chance to Prioritize Digital Agenda

Parliament resumes this week with the Speech from the Throne today following the unexpected – and unexpectedly contentious – decision by Prime Minister Stephen Harper to reset the legislative agenda through prorogation.  The House of Commons may have been quiet but my weekly technology law column (Toronto Star version, homepage version) notes the calls for a national digital strategy have grown louder in recent months.  Last week, the International Telecommunications Union issued its annual global measurement of the information society, which served again to highlight Canada’s sinking global technology ranking.  Canada ranked 21st (down from 18th in 2007) in its ICT Development Index, which groups 11 indices including access, use, and technology skills.  

Canada’s sliding global ranking reflects 10 years of policy neglect.  Other countries prioritized digital issues while leaders here from all parties have been content to rest on the laurels of the late 1990s, only to wake up to a new, less-competitive reality in 2010.

Industry Minister Tony Clement has spoken frequently about the need for a national digital strategy, but concrete policies have been slow in coming.  The parliamentary restart presents another opportunity for action.  Given the failure to date to articulate a comprehensive digital strategy, perhaps a different approach might work. Following the Speech from the Throne and the budget, there will be about 100 days until the summer break.  Clement could set a series of realizable targets during those 100 days.  Such targets would not solve ongoing concerns regarding the competitiveness of Canada’s wireless sector or the findings that Canadians pay higher prices for slower Internet speeds than consumers in many other countries, but some momentum could be gained and some quick wins achieved.

A 100-day digital agenda could have four components: new laws, new initiatives, new enforcement, and new policy development.

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March 3, 2010 1 comment Columns