Michael Geist
Michael Geist
Ottawa, ON, Canada
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Past articles by Michael:
Canada's Innovation Strategy Must Stop Tech Trolls
Developing a national innovation strategy has been a top priority of Navdeep Bains, Canada's Minister of Innovation, Science and Economic Development. Bains has created an expert panel, held meetings across the country, and launched a public consultation in the hope of identifying policies that might enhance Canada's lacklustre innovation record. While some have used the consultation to call for… → Read More
Government-Backed Study Finds Piracy Fight a Low Priority for Canadian Rights Holders
The Canadian government plans to review the state of copyright law next year, but a recent government-commissioned study indicates that fighting piracy is a low priority for rights holders. They prefer to focus on their efforts on generating revenues from legitimate websites and services. My weekly technology law column (Toronto Star version, homepage version) notes that piracy is likely to be a… → Read More
Do You Consent? Four Ways to Strengthen Digital Privacy
Privacy laws around the world may differ on certain issues, but all share a key principle: the collection, use and disclosure of personal information requires user consent. The challenge in a digital world where data is continuously collected and can be used in a myriad of previously unimaginable ways is how to ensure that the consent model still achieves the objective of giving the public… → Read More
The Trouble with the TPP’s Copyright Rules
For the past two months, the Canadian Centre for Policy Alternatives has been publishing an exceptionally important series on the problems with Trans Pacific Partnership. I was pleased to participate in this initiative and yesterday the CCPA posted my contribution. The Trouble with the TPP's Copyright Rules draws on my earlier Trouble with the TPP series to highlight several of the copyright… → Read More
Canada's National Digitization Plan Leaves Virtual Shelves Empty
Imagine going to your local library in search of Canadian books. You wander through the stacks but are surprised to find most shelves barren with the exception of books that are over a hundred years old. This sounds more like an abandoned library than one serving the needs of its patrons, yet it is roughly what a recently released Canadian National Heritage Digitization Strategy envisions. Led… → Read More
Pokémon Go Craze Brings New “Augmented Reality” Legal Issues Into Light
Unless you’ve been offline or focused on a distorted national anthem rendition for the past week, you know that Pokémon Go has taken the world by storm with millions of people wandering around searching for virtual Pokémon characters. The game was officially released in Canada on the weekend - it started first in the U.S., Australia, and New Zealand - with millions of people already playing it.… → Read More
Why the Canada
The Canadian government has characterized the proposed trade agreement between Canada and the European Union (CETA) is its top trade priority. The deal would increase trade by removing tariffs from many products, but also create significant costs. The implications for digital and intellectual property issues are particularly important, with chapters on e-commerce and telecommunications services,… → Read More
Canadian Battle over "Zero Rating" Places Net Neutrality Safeguards at Risk
Net neutrality emerged as a top Internet policy issue over 10 years ago as some Internet service providers openly discussed creating a two-tier system with a fast lane for websites and applications willing to pay additional fees and a slow lane for everyone else. The companies maintained that consumers would benefit from the two-tier approach by gaining faster access to premium content. Internet… → Read More
Canadian File Sharing Lawsuit Could Upend Copyright Privacy Protections
The centerpiece of Canada's 2012 digital copyright reforms was the legal implementation of the "notice-and-notice" system that seeks to balance the interests of copyright holders, the privacy rights of Internet users, and the legal obligations of Internet service providers (ISPs). The law makes it easy for copyright owners to send infringement notices to ISPs, who are legally required to forward… → Read More
Fictional Claims: Why Kids Are Not Suffering With Canada's Copyright Fair Dealing Rules
In recent weeks, there has been some media coverage claiming that Canadian educational materials are disappearing in the face of copyright fair dealing rules. For example, several weeks ago, Globe and Mail writer Kate Taylor wrote a column on copyright featuring the incendiary headline that "Kids Will Suffer if Canada's Copyright Legislation Doesn't Change." This week, the CBC provided coverage… → Read More
Ignore the Scare Tactics: The Real Future of Bell Investment in Fibre Networks
Bell's defeat this week at the Federal Court of Appeal over its MobileTV service marked the second high profile regulatory loss in recent months for Canada's largest communications company. Last month, the government rejected Bell's cabinet appeal of a CRTC decision on broadband infrastructure. The CRTC ruling means that companies such as Bell will be required to share their fibre networks with… → Read More
Federal Court of Appeal Upholds CRTC Ruling That Bell Mobile TV Service Violated Telecom Law
In the fall of 2013, Ben Klass, a graduate student in telecommunications, filed a complaint with the CRTC over how Bell approach to its Mobile TV product. Klass noted that Bell was offering a $5 per month mobile TV service that allowed users to watch dozens of Bell-owned or licensed television channels for ten hours without affecting their data cap. By comparison, users accessing the same online… → Read More
Why the Federal Court Crackdown on Set-Top Boxes Threatens to Chill Canadian Tech Innovation
The ability to record television programs is a feature that most consumers take for granted today, but when the Sony Betamax was first introduced in the 1970s, it revolutionized television and sparked high profile lawsuits by the major Hollywood studios who wanted to block its availability. The battle between Universal Studios and Sony ultimately made its way to the U.S. Supreme Court, which… → Read More
Democracy in Action: Reflecting on the Toronto TPP Town Hall
Yesterday I had the pleasure of appearing as a panelist at the government's town hall meeting in Toronto on the Trans Pacific Partnership. The town hall, held in a packed auditorium at the University of Toronto, featured International Trade Minister Chrystia Freeland (in listening mode) along with three panelists (myself, C. D. Howe's Daniel Schwanen, and Unifor's Jerry Dias) and moderator Dan… → Read More
Canada's Surveillance Crisis Now Hiding In Plain Sight
Three years ago this month, Edward Snowden shocked the world with a series of disclosures that revealed a myriad of U.S. government-backed surveillance programs. The Snowden revelations sparked a global debate over how to best strike the balance between privacy and security and led to demands for greater telecom transparency. My weekly technology law column (Toronto Star version, homepage… → Read More
Why the Privacy Commissioner Doesn't Need Legal Reforms To Require Transparency Reports
Privacy Commissioner of Canada Daniel Therrien was in the news this week as he expressed concern with the evasiveness of Canada's spy agencies and the ongoing refusal of some of Canada's telecom companies (namely Bell) to issue transparency reports. I'll have more to say about privacy and government agencies in my technology law column next week, but on the issue of telecom transparency reports,… → Read More
The TPP's Impact on Canadian Culture Emerging as Political Issue
Earlier this year, I posted on the cultural implications of the TPP, noting that the agreement represents a departure from trade deals by creating restrictions on Canadian cultural policy. Assuming services such as Netflix argue that any mandated Cancon contribution is discriminatory if they do not also receive the benefits accorded to established broadcasters or broadcast distributors, the TPP… → Read More
Industry Canada to Foreign Affairs After CETA Leaks: Can We Get a Copy of the Text?
As the Canada - EU Trade Agreement faces mounting opposition in Europe, it is worth looking back at the late stages of CETA negotiations that occurred after an October 2013 announcement that a deal had been reached. That announcement did not include a release of the text, which was still the subject of months of negotiations. In fact, long after the initial announcement, there were reports that… → Read More
Why an Australian Study Could Provide Canada with an Innovation Roadmap
From the moment that the Liberal government renamed Industry Canada as Innovation, Science, and Economic Development it sent a clear signal that innovation is a top policy priority. Indeed, in recent months Minister Navdeep Bains has repeatedly called for bold policies focused on addressing Canada's dismal innovation record. My weekly technology law column (Toronto Star version, homepage… → Read More
Canada Post Drops Lawsuit Over Crowdsourced Postal Codes
Geocoder, the Ottawa-based company that managed to develop a database of postal codes using crowdsourcing techniques, has settled a controversial lawsuit brought by Canada Post. Canada Post sued in 2012 claiming intellectual property rights in postal codes. Geocoder did not copy the postal codes, however. Instead, it used crowdsourcing to develop a database containing over one million Canadian… → Read More