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Michael Geist
Works at University of Ottawa
Lives in Ottawa, Canada
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Michael Geist

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Access Copyright Urges Copyright Board to Ignore Bill C-11's Expansion of Fair Dealing

As I noted in a post yesterday, Access Copyright has filed its response to the Copyright Board of Canada's series of questions about fair dealing and education in the tariff proceedings involving Canadian post-secondary institutions. Yesterday's post focused on how Access Copyright has urged the Copyright Board to ignore the Supreme Court of Canada's ruling on the relevance of licences to a fair dealing analysis. Today's post examines the collective's response to the Copyright Board's question on the effect of the fair dealing legislative change in Bill C-32/C-11. Access Copyright engages in revisionist history as it seeks to hide its extensive lobbying campaign that warned that the reforms would permit mass copying without compensation.

For two years during the debates over the bill, Access Copyright stood as the most vocal opponent of the expansion of the fair dealing purposes to include education. Given its frequent public comments and lobbying efforts on the bill, one would think its response to the Copyright Board, would be pretty straight-forward...
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Michael Geist

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The Expansion of Warrantless Disclosure Under S-4: Government's Response Fails to Reassure

My post and column on the expansion of warrantless disclosure under Bill S-4, the misleadingly named Digital Privacy Act, has attracted some attention and a response from Industry Canada.  The department told iPolitics:

"Companies who share personal information are required to comply with the rules to ensure that information is only disclosed for the purpose of conducting an investigation into a contravention of a law or breach of an agreement. For example, self-regulating professional associations, such as a provincial law society, may wish to investigate allegations of malpractice made by a client. When organizations are sharing private information, the Privacy Commissioner can investigate violations and may take legal action against companies who do not follow the rules. This is consistent with privacy laws in British Columbia and Alberta and was recommended by the Standing Committee Access to Information, Privacy and Ethics."

The response may sound reassuring, but it shouldn't be...
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Digital Canada 150: Why the Canadian Strategy Misses Key Issues and Lags Behind Peer Countries

In my first post on Digital Canada 150, Canada's digital strategy, I argued that it provided a summation of past accomplishments and some guidance on future policies, but that it was curiously lacking in actual strategies and goals. Yesterday I reviewed how Canada's universal broadband access target lags behind much of the OECD (Peter Nowak characterizes the target as the Jar Jar Binks of the strategy). The problems with Digital Canada 150 extend far beyond connectivity, however.  In comparing the Canadian strategy with countries such as Australia and the United Kingdom, it becomes immediately apparent that other countries offer far more sophisticated and detailed visions for their digital futures. While there is no requirement that Canada match other countries on specific goals, it is disappointing that years of policy development - other countries were 5 to 10 years ahead of Canada - ultimately resulted in a document short on strategy, specifics, and analysis.

For example, compare the clarity of goals between Canada and the Australia strategy...
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U.S. Calls Out Canadian Data Protection as a Trade Barrier

The U.S. Trade Representative issued its annual Foreign Trade Barrier Report on Monday. In addition to identifying the geographical indications provisions in the Canada - EU Trade Agreement, telecom foreign ownership rules, and Canadian content regulations as barriers, the USTR discussed regulations on cross-border data flows. I wrote about the issue recently, noting that the Canadian government restricted access to its single email initiative to Canadian-based hosting.

The USTR picks up on the same issue in its report...
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And, just to make it more fun, if we give in to the US, we (and the
other "eyes" countries) get excluded from existing safe harbour
agreements with the EU and future trade pacts, including one Mr. Harper
wants to sign.

--dave
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Who Needs Lawful Access?: Canadian Telcos Hand Over Data on Thousands of Subscribers Without a Warrant

The debate over Bill C-13, the government's latest lawful access bill, is set to resume shortly.  The government has argued that the bill should not raise concerns since new police powers involve court oversight and the mandatory warrantless disclosure provisions that raised widespread concern in the last bill have been removed.  While that is the government's talking points, I've posted on how this bill now includes incentives for telecom companies and other intermediaries to disclose subscriber information without court oversight since it grants them full civil and criminal immunity for doing so. Moreover, newly released data suggests that the telecom companies don't seem to need much of an incentive as they are already disclosing subscriber data on thousands of Canadians every year without court oversight...
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Welcome to North Korea
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Michael Geist

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Access Copyright Urges Copyright Board to Ignore Supreme Court Ruling on Fair Dealing

Access Copyright has filed its response to the Copyright Board of Canada's series of questions about fair dealing and education in the tariff proceedings involving Canadian post-secondary institutions. I have several posts planned about the 40 page response, which continues the copyright collective's longstanding battle against fair dealing. This one focuses on Access Copyright's astonishing effort to urge the Copyright Board to reject the Supreme Court of Canada's clear ruling on the relevance of licensing within the context of fair dealing...
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Why the Digital Privacy Act Undermines Our Privacy: Bill S-4 Risks Widespread Warrantless Disclosure

Earlier this week, the government introduced the Digital Privacy Act (Bill S-4), the latest attempt to update Canada's private sector privacy law. The bill is the third try at privacy reform stemming from the 2006 PIPEDA review, with the prior two bills languishing for months before dying due to elections or prorogation.  

The initial focus has unsurprisingly centered on the new security breach disclosure requirements that would require organizations to disclose breaches that puts Canadians at risk for identity theft. Security breach disclosure rules are well-established in other countries and long overdue for Canada. The bill fixes an obvious shortcoming from the earlier bills by adding some teeth to the disclosure requirements with the addition of penalties for violations of the law. Moreover, Bill S-4 stops short of granting the Privacy Commissioner full order making power as is found at the provincial level, but the creation of compliance orders has some promise of holding organizations to account where violations occur.

Despite those positive proposed changes to Canadian privacy law, the bill also includes a provision that could massively expand warrantless disclosure of personal information...
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Digital Canada 150: Why Canada's Universal Broadband Goal is Among the Least Ambitious in the OECD

The release of Digital Canada 150, the federal government's long-awaited digital strategy, included a clear connectivity goal: 98 percent access to 5 Mbps download speeds by 2019. While the government promises to spend $305 million on rural broadband over the next five years and touts the goal as "a rate that enables e-commerce, high-resolution video, employment opportunities and distance education", the reality is that Canada now has one of the least ambitious connectivity goals in the developed world.  

Just how badly does the government's connectivity ambitions compare to other OECD countries? Consider just some of the target speeds from other countries as compiled three years ago by the OECD..
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It's unbelievable! Canada going to reach in internet service a speed level of third countries in the world! Super. :) :) :) Our government should send the group of students probably into Africa, to find a solution for our network. :) :) :)
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How Telcos and ISPs Hand Over Subscriber Data Thousands of Times Each Year Without a Warrant
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One shouldn't have to go to those extremes or pay extra for what is their right.
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Why the U.S. Government Isn't Really Relinquishing its Power over Internet Governance

Earlier this month, the U.S. government surprised the Internet community by announcing that it plans to back away from its longstanding oversight of the Internet domain name system. The move comes more than 15 years after it first announced plans to transfer management of the so-called IANA function, which includes the power to add new domain name extensions (such as dot-xxx) and to alter administrative control over an existing domain name extension (for example, approving the transfer of the dot-ca domain in 2000 from the University of British Columbia to the Canadian Internet Registration Authority).

The change is rightly viewed as a major development in the ongoing battle over Internet governance. Yet a closer look at the why the U.S. is embarking on the change and what the system might look like once the transition is complete, suggests that it is not relinquishing much power anytime soon. Rather, the U.S. has ensured that it will dictate the terms of any transfer and retain a "super-jurisdiction" for the foreseeable future.
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The US government will never relinquish any current power or control. No matter the justification or how they try to spin it.
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Introduction
Dr. Michael Geist is a law professor at the University of Ottawa where he holds the Canada Research Chair in Internet and E-commerce Law.  He has obtained a Bachelor of Laws (LL.B.) degree from Osgoode Hall Law School in Toronto, Master of Laws (LL.M.) degrees from Cambridge University in the UK and Columbia Law School in New York, and a Doctorate in Law (J.S.D.) from Columbia Law School.  Dr. Geist has written numerous academic articles and government reports on the Internet and law and was a member of Canada’s National Task Force on Spam.  He is an internationally syndicated columnist on technology law issues with his regular column appearing in the Toronto Star, Ottawa Citizen, and the BBC.  Dr. Geist is the editor of In the Public Interest:  The Future of Canadian Copyright Law, published in 2005 by Irwin Law, the editor of several monthly technology law publications, and the author of a popular blog on Internet and intellectual property law issues. Dr. Geist serves on the Privacy Commissioner of Canada’s Expert Advisory Board, on the Canadian Digital Information Strategy’s Review Panel, and on the Information Program Sub-Board of the Open Society Institute. He has received numerous awards for his work including the Les Fowlie Award for Intellectual Freedom from the Ontario Library Association in 2009, the Electronic Frontier Foundation’s Pioneer Award in 2008, Canarie’s IWAY Public Leadership Award for his contribution to the development of the Internet in Canada and he was named one of Canada’s Top 40 Under 40 in 2003.
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