The CRTC has announced that it is considering changes to the do-not-call list, including an expansion of the exception for political parties and consideration of how to allow for lengthier registrations (rather than just three years before renewal). Comments are due by December 4, 2008. Oct.21/08Comments (0)
Larry Lessig pens an op-ed in the NY Times explaining how the DMCA has resulted in copyright law being used as a tool for censorship. Oct.21/08Comments (0)
The Daily Gleaner reports that Jack Carr, a Conservative candidate in a New Brunswick by-election, has filed a human rights complaint over the lack of high-speed Internet access in rural parts of the province. The complaint names the provincial government, Aliant, and Rogers. Oct.20/08Comments (0)
The CRTC has posted its notice on the forthcoming new media hearings which will focus on whether regulatory measures are needed to promote Canadian new media and whether the new media exemption order remains valid. Comments are due by December 5th. The hearing is scheduled to begin on February 17, 2009. I wrote about the hearings in a recent column. Oct.16/08Comments (0)
The Teamakers Blog has an interesting post on the challenges of making CBC archival content, arguing that the public broadcaster should start with an open API to allow people to work with CBC data such as program listings. Oct.16/08Comments (0)
Claire Kendall and Sally Murray, editors of Open Medicine, call on our "academic health care institutions to step up their commitment to the open access movement." Oct.16/08Comments (0)
My weekly technology law column (Toronto Star version, Ottawa Citizen version, homepage version) assess the use of the Internet in the last election. Business increasingly recognizes the need for an Internet strategy that engages current and prospective customers. In the just-concluded national election, many analysts anticipated an "Internet election" with sophisticated websites, active blogging, YouTube videos, Facebook groups, and rapid-fire Twitter postings.
While the public and activist groups used the Internet to promote their candidates (partisanbloggers for each party provided a near-continuous echo chamber of commentary), issues (the Culture in Peril YouTube video had a marked impact the Quebec electorate) or to encourage strategic voting patterns (Voteforenvironment.ca received considerable attention), the political parties themselves seemed stuck with Web 1.0 strategies in a Web 2. 0 world. Each party had the requisite websites, yet their most innovative initiatives - the Conservatives' Notaleader.ca and the Liberals' Scandalpedia.ca to name two - were quickly dismissed as juvenile sites that did more harm than good (the New Democrats' Orange Room is a notable exception).
With months of advance preparation, why did the parties perform so poorly?
Part of the reason may stem from the Canadian approach to political campaigns, which emphasizes advance planning with each day fully scripted. Far from the decentralized model that thrives online, Canadian political parties have embraced the exact opposite - a model of top-down, hierarchical messaging with even local candidates constrained and required to follow a common playbook.
This low-risk, low reward approach does little to inspire the public, instead seeking to solidify existing support. It also leaves millions of Canadians on the sidelines as they see little reason to become political engaged or active. Indeed, by the measure of voter turnout, virtually all the parties were losers with more than a million lost votes combined for the Conservatives, Liberals, and New Democrats (each party received fewer votes in 2008 than they did in 2006).
How can these parties counter voter apathy and low turnout, particularly among younger Canadians?
U.S. Presidential candidate Barack Obama's successful online campaign, developed by technology executives in Silicon Valley, points the way. While the Obama campaign has the proverbial presence on Facebook, MySpace, YouTube, and Twitter, it has recognized that the Internet is not just a broadcast medium. More importantly, it is a communication and participation tool that can be used to empower and engage the public in the hopes of attracting both the undecided and the uninvolved.
The Obama website offers a multitude of opportunities for participation, many of which occur with no campaign involvement or oversight. Tens of thousands of local meetings have been organized through the site, chapters on university campuses and smaller communities have used the site's tools, and the campaign itself has generated millions of dollars through online contributions.
Moreover, both Obama and Republican nominee John McCain have supported open licensing for the presidential debates so that the public can use the footage to create their own videos and engage more actively in the political process. No similar initiatives occurred in Canada. As a result, while the U.S. electorate gets primary debates sponsored by Facebook and thousands of user generated clips posted to YouTube, Canadians get pooping puffins.
Failure to mobilize millions of voters ultimately costs all the political parties. The Internet will not solve all voter apathy issues, but following businesses' lead by developing an online strategy that reflects opportunities for empowerment is the right place to start.
Howard Knopf notes the brewing fight between the League of Canadian Poets and Access Copyright over the copyright collective's allocation policies. While the report notes the public criticism, it misses a letter to Industry Canada and Canadian Heritage which may have far larger implications. In a letter dated September 22, 2008, the League says that it is "calling for a formal, public, government audit, annual review and effectiveness audit of Access Copyright." It adds that it is their "understanding that there are staff members at Industry who are going to look at 'collectives' in the next phase of Copyright Act reforms. Please look at Access Copyright first." Earlier this year, I blogged about an independent report of Access Copyright governance. Tags:access copyright, audit, canadian heritage, industry canada, league of canadian poetsShare: Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUponTagsShareThursday October 16, 2008
While copyright reform is unlikely to emerge as a top legislative priority in the current economic environment, there is little doubt that the Conservative minority government will return to the issue (whether Jim Prentice leads that charge as Industry Minister or shifts to Foreign Affairs is a separate matter). With that in mind, having Members of Parliament who will speak out on the need for a balanced approach to copyright that preserves user rights is essential. Coming out of last night's election, 34 candidates who supported the copyright pledge during the campaign were elected - 11 Liberals and 23 New Democrats, covering 8 of 10 provinces (only NB and Saskatchewan do not have a copyright MP). In some ridings - particularly Edmonton-Strathcona where Conservative Rahim Jaffer lost to the NDP's Linda Duncan - it is certainly possible that copyright swung enough votes to help make the difference.
Looking ahead, the tens of thousands of Canadians who support fair copyright will look to build on this solid base of support so that fair copyright receives wide support in Parliament. The New Copyright MPs:
Carolyn Bennett, Liberal MP, St. Paul’s, ON
Ujjal Dosanjh, Liberal MP, Vancouver South, BC
Glen Pearson, Liberal MP, London North Centre, ON
Joyce Murray, Liberal MP, Vancouver Quadra, BC
Marlene Jennings, Liberal MP, NDG-Lachine, QC
Paul Szabo. Liberal MP, Mississauga South, ON
Gerard Kennedy, Liberal MP, Parkdale-High Park, ON
Frank Valeriote, Liberal MP, Guelph, ON
Shawn Murphy, Liberal MP, Charlottetown, PE
Mike Savage, Liberal MP, Dartmouth-Cole Harbour, NS
Bonnie Crombie, Liberal MP, Mississauga Streetsville, ON
Charlie Angus, New Democrat MP, Timmins-James Bay, ON
Olivia Chow, New Democrat MP, Trinity-Spadina, ON
Libby Davies, New Democrat MP, Vancouver East, BC
Bill Siksay, New Democrat MP, Burnaby-Douglas, BC
Dawn Black, New Democract MP, New Westminster–Coquitlam, BC
Irene Mathyssen, New Democrat MP, London-Fanshawe, ON
Wayne Marston, New Democrat MP, Hamilton East - Stoney Creek, ON
Jean Crowder, New Democrat MP, Nanaimo–Cowichan, BC
Denise Savoie, New Democrat MP, Victoria, BC
Judy Wasylycia-Leis, New Democrat MP, Winnipeg North, MB
Pat Martin, New Democrat MP, Winnipeg Centre, MB
Alex Atamanenko, New Democrat MP, BC Southern Interior, BC
Paul Dewar, New Democrat MP, Ottawa Centre, ON
Chris Charlton, New Democrat MP, Hamilton Mountain, ON
John Rafferty, New Democrat MP, Thunder Bay Rainy River, ON
Niki Ashton, New Democrat MP, Churchill, MB
Don Davies, New Democrat MP, Vancouver Kingsway, BC
Jack Harris, New Democrat MP, St. John's East, NF
Megan Leslie, New Democrat MP, Halifax, NS
Bruce Hyer, New Democrat MP, Thunder Bay Superior North, ON
Carol Hughes, New Democrat MP, Algoma Manitoulin Kapuskasing, ON
Linda Duncan, New Democrat MP, Edmonton Strathcona, AB
As the national election campaign launched five weeks ago, I wrote that "the election presents an exceptional opportunity to raise the profile of digital issues." While the economy unsurprisingly dominated much of the political discourse, each of the national parties unveiled platforms and positions that included some discussion of digital policy. With Canadians headed to the polls today, my weekly technology law column (Toronto Star version, Ottawa Citizen version, homepage version) offers a scorecard on each party's digital policy positions.
Conservatives. The Conservatives were the last party to release their platform, but it included considerable discussion of digital policy issues, including telecommunications, spam, and copyright. On the telecommunications front, the party committed to preventing companies from charging fees for unsolicited text messages. It also promised to strengthen the powers of the new Commissioner of Complaints for Telecommunications with an emphasis on establishing a code of conduct for Canadian wireless carriers.
Several years after the National Task Force on Spam recommended introducing anti-spam legislation (I was a member of the task force), the Conservatives promised to follow-through with the long-delayed bill. The party also pledged to wade back into contentious copyright reform, promising to reintroduce the legislation that sparked considerable concern from Canadians across the country, and to introduce tougher anti-counterfeiting measures, which may indicate continued support for the still-secret Anti-Counterfeiting Trade Agreement.
Liberals. The Liberal party used its platform to emphasize its commitment to universal access to high-speed Internet. As part of its infrastructure investments, the party promised that it would "complete the job of making broadband Internet service available to rural communities." The platform also announces plans to develop a Canadian Digital Media Strategy.
The Liberal position on copyright remains somewhat unclear with much of the focus on the need for broader consultations before introducing a future bill. Several candidates committed to protecting both creator and consumer rights, with the party's Bill C-60, which died on the order paper in 2005, serving as a likely starting point for new legislation.
New Democrats. Consistent with their position before the election, the New Democrats were the most outspoken on digital rights issues. Led by Charlie Angus, a Member of Parliament for Timmins-James Bay, the party promoted telecom and copyright as key concerns. On the telecom front, it focused on net neutrality, arguing that the issue deserved greater prominence in the electoral debate.
On copyright, the party was highly critical of the Conservatives' copyright bill, arguing that it would "criminalize fans, leave artists on the sidelines and offer a windfall to corporate lawyers." Dozens of party candidates committed to copyright consultations and protecting user rights, while suggesting that the legislative focus should be on commercial piracy rather targeting private users.
Greens. While the Green party is associated primarily with environmental issues, the party presented a fairly robust digital policy position. It rejected copyright legislation based on providing legal protection for digital locks, called for an end to crown copyright, and provided the most explicit support for net neutrality, noting in its platform that it would prohibit "Internet Service Providers from discriminating due to content while freeing them from liability for content transmitted through their systems."
The party was also the only one to focus on the emergence of open source software. Its platform says that the party will "ensure that all new software developed for or by government is based on open standards" and that it would encourage and support transitions to open source software in government and education.
With all parties offering much food for thought, it is clear that digital issues will have a role to play regardless of who emerges victorious on Tuesday.
Just over two weeks ago, I posted a 2008 election copyright pledge that sought commitments to respect both creator and consumer rights, to guard against weakening user rights, and to fully consult on future reforms. The reaction has been absolutely terrific. The Green Party joined as a party, noting that its copyright position was entirely consistent with the pledge. Candidates from the Liberals and New Democrats quickly followed suit. As of Sunday evening, 132 candidates from those two parties have expressed their support for the pledge. This includes 42 Liberals (nine of whom are sitting MPs) and 90 New Democrats (16 sitting MPs which is over half the current caucus). No Conservative candidate has supported the pledge. The full list is posted below along with a Google Map tracking the copyright candidates. On Tuesday, I encourage everyone to vote and to consider this issue - and the positions of local candidates - when they do.
With the election just a few days away, interest in the copyright pledge continues to grow with 30 more Liberal and NDP candidates on board. This latest update includes prominent MPs such as the Liberal's Marlene Jennings and the NDP's Paul Dewer. Earlier supporters can be found here, here, and here. There are still no Conservative supporters. The newest additions include:
Marlene Jennings, Liberal MP, NDG-Lachine, QC
Bonnie Brown, Liberal MP, Oakville, ON
Sue Barnes, Liberal MP, London West, ON
Bonnie Crombie, Liberal candidate, Mississauga Streetsville, ON
Greg Nyholt, Liberal candidate, Battlefords-Lloydminster, SK
Drew Adamick, Liberal candidate, Cariboo--Prince George, BC
Dan Olson, Liberal candidate, Pitt Meadows, Maple Ridge, Mission, BC
Nathalie Goguen, Liberal candidate, Sherbrooke, QC
Alexandra Mendes, Liberal candidate, Brossard – La Prarie, QC
David Remington, Liberal candidate, Lanark-Frontenac-Lennox, ON
Robert Friesen, Liberal candidate, Charleswood - St. James – Assiniboia, MB
Rebecca Finch, Liberal candidate, Dufferin-Caledon, ON
Alex Atamanenko, New Democrat MP, BC Southern Interior, BC
Paul Dewer, New Democrat MP, Ottawa Centre, ON
Chris Charlton, New Democrat MP, Hamilton Mountain, ON
Fred Kress, New Democrat candidate, Regina-Lumsden-Lake Centre, SK
Sania Khan, New Democrat candidate, Scarborough–Guildwood, ON
David Laird, New Democrat candidate, Burlington, ON
Mike Bocking, New Democrat candidate, Pitt Meadows–Maple Ridge–Mission, BC
Don Davies, New Democrat candidate, Vancouver Kingsway, BC
Marlene Rivier, New Democrat candidate, Ottawa West-Nepean, ON
Megan Leslie, New Democrat candidate, Halifax, NS
John Bouché, New Democrat candidate, Brandon-Souris, MB
Mark Sandilands, New Democrat candidate, Lethbridge, AB
Patricia Cordner, New Democrat candidate, Selkirk-Interlake, MB
Matt Schaubroeck, New Democrat candidate, Saint Boniface, MB
Katy Austin, New Democrat candidate, Simcoe Grey, ON
Jack Harris, New Democrat candidate, St. John's East, NF
Betty Bekkering, New Democrat candidate, Prince George - Peace River, BC
Jesse Travis, New Democrat candidate, Fredericton, NB
While the Conservative decision to include the re-introduction of C-61 in its platform makes it unlikely that many (or any) of its candidates will support the copyright pledge, interest from Liberal and New Democrat candidates continues to grow (the Green party already committed as a party). In addition to the previously announced commitments (here and here), the following additional candidates have indicated their support:
Glen Pearson, Liberal MP, London North Centre, ON
Joyce Murray, Liberal MP, Vancouver Quadra, BC
Dana L. Miller, Liberal candidate, Delta-Richmond East, BC
Richard Pesik, Liberal candidate, Nanaimo-Alberni, BC
Patricia Zipchen, Liberal candidate, Saskatoon-Wanuskewin, SK
Tim Jones, Liberal candidate, Newmarket-Aurora, ON
Denis Sabourin, Liberal candidate, Stormont-Dundas-South Glengarry, ON
Judy Wasylycia-Leis, New Democrat MP, Winnipeg North, MB
Catherine Bell, New Democrat MP, Vancouver North, BC
Pat Martin, New Democrat MP, Winnipeg Centre, MB
Andy Bruziewicz, New Democrat candidate, Sarnia-Lambton, ON
Matt Turner, New Democrat candidate, Mississauga South, ON
Hijal De Sarker, New Democrat candidate, Ottawa South, ON
Ryan Dolby, New Democrat candidate, Elgin/Middlesex/London, ON
Rachel Heinrichs, New Democrat candidate, Winnipeg South Centre, MB
Peter Deslauriers, New Democrat candidate, NDG-Lachine, QC
Stuart Somerville, New Democrat candidate, Red Deer, AB
Chris Durrant, New Democrat candidate, Beausejour, QC
Alice Finnamore, New Democrat candidate, Tobique-Mactaquac, NB
Ray Martin, New Democrat candidate, Edmonton East, AB
Paul Arbour, New Democrat candidate, Carleton- Mississippi Mills, ON
Zoe Royer, New Democrat candidate, Port Moody - Westwood - Port Coquitlam, BC
Rob Moir, New Democrat candidate, Fundy Royal, NB
Brian Van Tilborg, New Democrat candidate, Brant, ON
Malcolm Allen, New Democrat candidate, Welland
Jennifer Burgis. New Democrat candidate, Esquimalt-Juan de Fuca, BC
Ross Martin, New Democrat candidate, Provencher, MB
Daniel Breton, New Democrat candidate, Jeanne-Le Ber, QC
Ann Chambers, New Democrat candidate, Vancouver South, BC
Linda Duncan, New Democrat candidate, Edmonton Strathcona, AB
The Conservative Party has released its platform and it devotes a half-page to copyright that leaves little doubt that it plans to bring back Bill C-61 and continue to support ACTA. According to the platform:
A re-elected Conservative Government led by Stephen Harper will reintroduce federal copyright legislation that strikes the appropriate balance among the rights of musicians, artists, programmers and other creators and brings Canada's intellectual property protection in line with that of other industrialized countries, but also protects consumers who want to access copyright works for their personal use. We will also introduce tougher laws on counterfeiting and piracy and give our customs and law enforcement services the resources to enforce them. This will protect consumers from phoney and sometimes dangerous products that are passed off as reliable brand-name goods.
Of course, Bill C-61 did not strike the appropriate balance and tens of thousands of Canadians told Harper just that over the summer. Unlike the Liberals, NDP, and Greens, no Conservative has supported the copyright pledge, which now makes sense given this platform commitment.
Update: CBC covers the Conservative platform inclusion of reintroducing C-61.
My weekly technology law column (Toronto Star version, homepage version) places the spotlight on the next big cultural funding issue that promises to make the current dispute seem like a short preview as compared to the forthcoming main attraction. The Canadian Radio-television and Telecommunications Commission will hold hearings on new media regulation in early 2009 and barring a change of heart, the focal point will be the prospect of a mandated levy on Internet service providers to fund new media cultural production.
Opponents will deride the plan as a new tax, but that has not stopped cultural groups from lining up in support of such a scheme. Earlier this year, several groups, including the Canadian Film and Television Production Association, the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA), the Directors Guild of Canada, and Writers Guild of Canada, proposed a mandatory ISP contribution of 2.5 percent of broadband revenue to help fund Canadian new media content creation. In support, the groups released the results of a public opinion survey which they said found that "69 percent of Canadians believe that ISPs should be required to help fund the production of Canadian digital media content in the same way that cable and satellite TV providers are required to contribute a small percentage of their revenues to the production of Canadian television programs."
More recently, the CRTC commissioned Eli Noam, a Columbia University finance professor, to conduct an independent study on the issue. Noam's report, TV or Not TV, canvassed the regulatory options as the Commission grapples with a broadcast environment that has shifted from one of scarcity to seemingly unlimited abundance. Noam concluded that there should be regulatory harmonization between online and offline broadcast that could include public funding for the production of Canadian content. Noam's preferred funding model is "a combination of public funds; an excise tax on ISPs and carriers that would be harmonized with the existing levy on cable and satellite TV providers; and the use of spectrum sales revenues into a special trust fund."
The current discussion on cultural funding may take on greater urgency once the ISP levy takes centre stage. There is little doubt that such a levy - which Canadians would see each month on their ISP bill – would generate strong opposition from consumers. The various political parties may be battling to demonstrate their support for the cultural community today, yet an unpopular ISP levy would surely put those positions to the test.
The ISP levy proposal will also force regulators to show their cards on whether they believe that new Internet regulation is needed. The Commission concluded in 1999 that the Broadcasting Act gave it the power to regulate "new media undertakings," but that given the paucity of Internet video such regulation was unnecessary. Nearly ten years later, streaming and real-time video have become a staple of Internet use with millions of Canadians turning to their computers rather than their televisions for video news and entertainment. While the differences between the two mediums will be obvious to a generation that lives online, some regulators may be tempted to equate television and the Internet, arguing that a harmonized regulatory approach necessitates the imposition of Canadian content requirements and cultural funding programs.
Since Thursday's posting highlighting copyright pledge support from the Green Party and eight prominent NDP MPs and candidates, interest in the pledge has continued to grow. An increasing number of Liberal MPs and candidates have indicated their support, joined by many more NDP MPs and candidates. In addition to the names listed last week, as of Monday morning, copyright pledge supporters now include:
Ken Boshcoff, Liberal MP, Thunder Bay-Rainy River, ON
Paul Szabo. Liberal MP, Mississauga South, ON
Gord Zeilstra, Liberal candidate, Cambridge, ON
Calvin Johnston, Liberal candidate, Palliser, SK
Arlene MacFarlane-VanderBeek, Liberal candidate, Ancaster-Dundas-Flamborough-Westdale, ON
Heather Carter, Liberal candidate, Niagara West – Glanbrook, ON
Suzanne van Bommel, Liberal candidate, Elgin-Middlesex-London, ON
Jamie McGarvey, Liberal candidate, Parry Sound-Muskoka, ON
Carolyn Scott, Liberal candidate, Sackville Eastern Shore
Sharon L. Howe, Liberal candidate, Crowfoot, AB
Marcelle Marion, Liberal candidate, Winnipeg North, MB
David Orchard, Liberal candidate, Desnethé-Missinippi-Churchill River, SK
Frank Valeriote, Liberal candidate, Guelph, ON
Greg McClinchey, Liberal candidate, Huron-Bruce, ON
Ted Klassen, Liberal candidate, Portage-Lisgar, MB
Bill Siksay, New Democrat MP, Burnaby-Douglas, BC
Dawn Black, New Democract MP, New Westminster–Coquitlam, BC
Irene Mathyssen, New Democrat MP, London-Fanshawe, ON
Peggy Nash, New Democrat MP, Parkdale High Park, ON
Wayne Marston, New Democrat MP, Hamilton East - Stoney Creek, ON
Jean Crowder, New Democrat MP, Nanaimo–Cowichan, BC
Denise Savoie, New Democrat MP, Victoria, BC
David Caplan, New Democrat candidate, Vancouver Quadra, BC
Vinay Dey, New Democrat candidate, Calgary East, AB
Dave Burkhart, New Democrat candidate, Edmonton-St. Albert, AB
Michael Charrois, New Democrat candidate, North Vancouver, BC
Stephen Moore, New Democrat candidate, Wascana, SK
Mike Avery, New Democrat candidate, Cardigan, PEI
Brian Morin, New Democrat candidate, Desnethé–Missinippi–Churchill River, SK
Catherine Bell, New Democrat candidate,Vancouver Island North, BC
Mohamed Alli, New Democrat candidate , Portage–Lisgar, MB
Mike Seaward, New Democrat candidate, Newmarket-Aurora, ON
Mike Sullivan, New Democrat candidate, York South-Weston, ON
Pierre Ducasse, New Democrat candidate, Hull-Aylmer, QC
Eric Gillespie, New Democrat candidate, Niagara Falls, ON
Sue McSheffrey, New Democrat candidate, Renfrew Nipissing Pembroke
Gabriel Biron, New Democrat candidate, Lévis–Bellechasse, QC
Doug Ottenbreit, New Democrat candidate, Yorkton–Melville, SK
Jash Puniya, New Democrat candidate, Bramalea-Gore-Malton, ON
Nicolas Thibodeau, New Democrat candidate, Mont-Royal, QC
Justin Chatwin, New Democrat candidate, Eglinton-Lawrence, ON
George Addison, New Democrat candidate, St. Catharines, ON
Darlene Jalbert, New Democrat candidate, Stormont--Dundas--South Glengarry, ON
Carol Hughes, New Democrat candidate, Algoma Manitoulin Kapuskasing, ON
Jo-Anne Boulding, New Democrat candidate, Parry Sound Muskoka, ON
Max Lombardi, New Democrat candidate, Cambridge, ON
Wess Dowsett. New Democrat candidate, Richmond Hill, ON
Ross Eadie, New Democrat candidate, Kildonan-St. Paul, MB
John Rafferty, New Democrat candidate, Thunder Bay Rainy River, ON
Jill McIllwraith, New Democrat candidate, Bruce-Grey, ON
