Columns

CRIA’s Lobby Effort: The Untold Story

On the heels of last week's posting on election financial support for Canadian Heritage Minister Bev Oda, the Hill Times runs a special op-ed I've written that focuses on an unreported CRIA lobby effort from earlier this year (Hill Times version, homepage version). According to information released under the Access to Information Act, at 10:01 in the morning of February 6, 2006, at the precise moment that a new Conservative cabinet was being sworn into office at Rideau Hall, David Dyer, a senior consultant with the Capital Hill Group and a registered lobbyist for the Canadian Recording Industry Association, sent an email to Patricia Neri, the Director General of Canadian Heritage's Copyright Policy Branch.

The email included a suggested outline for a March 2nd event focused on copyright reform. It envisioned a meeting with the Canadian Heritage Deputy Minister Judith LaRoque, two hours of presentations from speakers sympathetic to CRIA's position, lunch with deputy ministers from Heritage, Industry, and International Trade, and a private meeting with the soon-to-named Minister of Canadian Heritage.

One month later, virtually the identical scenario played itself out in Canadian Heritage's Gatineau offices and in the private dining room of a swank nearby restaurant.

June 11, 2006 — 7 comments — Columns

We Are All Journalists Now

My weekly Law Bytes column (Toronto Star version, BBC version, homepage version) examines the implications of the recent California appellate court decision involving Apple Computer and two online news sites. I argue that the implications of the California decision are profound as they may change more than just journalism. The California appeals court was faced with a novel question – are online journalists entitled to the same legal protections as their offline counterparts?

June 5, 2006 — 11 comments — Columns

Canada to Launch Cybersecurity Task Force?

My weekly Law Bytes column (Toronto Star version, homepage version) reports that the the Conservative government is preparing to launch a Cyber-Security Task Force. Although the Ministry of Public Safety and Emergency Preparedness does not list any information about the task force on its site, GEDS, the government’s electronic directory service, was recently updated to include a Cybersecurity Task Force Secretariat. The Secretariat apparently at least includes an Assistant Deputy Minister and a senior policy analyst.

While the move to address shortcomings in Canada’s cyber-security framework is welcome, the creation of this task force raises three important issues.

May 29, 2006 — 1 comment — Columns

Sound Numbers

A special edition of my Law Bytes column (Ottawa Citizen version, homepage version) reports on a recent Canadian Heritage commissioned study on the economic impact of the copyright industries. The Connectus Consulting report, entitled The Economic Impact of Canadian Copyright Industries – Sectoral Analysis, has yet to be publicly released. However, I recently obtained a copy of the final report dated March 31, 2006, under an Access to Information Act request.

The report, which spans 1997 to 2004, finds that the copyright industries comprise 4.5 percent of the Canadian economy and contribute 5.5 percent of total Canadian employment. While that is expected to increase in the coming years (the copyright industries are growing at a faster rate than the overall economy), it pales in comparison to sectors such as finance, manufacturing, agriculture, education, and health care.

More interesting is a case study on the sound recording industry that contradicts both the industry claims and the expectations of the report's authors.

May 25, 2006 — 10 comments — Columns

Dot-XXX Decision Exposes Cracks in Net Governance System

My weekly Law Bytes column (Toronto Star version, BBC version, homepage version) looks at the recent ICANN decision to reject the creation of a new dot-xxx domain name extension. The year-long debate over whether to approve the adult-oriented domain may have long-term implications for Internet governance since it sparked enormous controversy and provided ample evidence of U.S. government intervention into ICANN matters.

With millions of dollars at stake, the Internet community has relied on ICANN to establish a transparent system for creating new domain name extensions. The resulting process has left many observers unhappy. They argue that it is too expensive (application costs alone are now estimated at US$250,000), too cumbersome (creation of the domain name extension may require months of negotiation after preliminary approval is granted), and too subjective (rather than establishing objective criteria, the decisions are fraught with subjective policy choices).

The prospect of a dot-xxx domain name extension created an immediate firestorm in the United States.

May 22, 2006 — 16 comments — Columns