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It's a fantastic honour, in some ways even better than winning the juried Sunburst Award, because popular awards are given to books that have wide appeal to the whole voter pool. I'm incredibly grateful to the Sunburst Award Society, and also offer congrats to Guy for his well-deserved honour.
- By Richard Stobbe While our last post dealt with the creation of photographs and other works of authorship by primates, robots and divine beings, this story is a little more grounded in facts that you might see in the average work day. When an employee takes a photograph, who owns copyright in ...
By Richard Stobbe I know this story crested a few weeks ago, but who can resist it? A famous 1998 Molson Canadian ad posed a Canadian version of the infinite monkey theorem. The cheeky ad, showing a seemingly endless array of monkeys on typewriters, sidestepped the more important question about whether the monkeys as ...
- By Richard Stobbe Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a lawsuit in the Federal Court in the US, claiming copyright infringement and breach of contract. ...
By Richard Stobbe You can't get a trade-mark registration for a word that will deceive consumers. Put into legalese, section 12 of the Canadian Trade-marks Act says a trade-mark is not registrable if it is either "clearly descriptive or deceptively misdescriptive ... of the character or quality of the wares or ...
- By Richard Stobbe The online fine print - those terms and conditions that you agree to when you buy something online - it really does matter where those terms are placed in the checkout process. A recent US case illustrates this point. In Tompkins v. 23andMe, Inc., 2014 WL 2903752 (N.D. Cal. June 25, ...
- By Richard Stobbe An American photojournalist, Ms. Leuthold, was on the scene in New York City on September 11, 2001. She licensed a number of still photographs to the CBC for use in a documentary about the 9/11 attacks. The photos were included in 2 versions of the documentary, and the documentary ...
- By Richard Stobbe In a recent decision by the British Columbia courts (Equustek Solutions Inc. v Jack , 2014 BCSC 1063), Google has been ordered to de-index a website selling goods that were the subject of intellectual property (IP) infringement claims. While this may seem quotidian - after all, Google does ...
By Richard Stobbe On October 14 and 15, 2014, I will be presenting on "Drafting IT Agreements" at the Essentials of Commercial Contracts (Calgary) Conference. This conference will discuss the legal and business framework of commercial contracts, negotiations and practical drafting tips. The session on information technology (IT) contracting will review key considerations in ...
By Richard Stobbe Canada and the USA. We enjoy the world's longest undefended border... a border that unfortunately does not screen spam. If you are an American attorney with US clients doing business in Canada, then you should be aware of a few things, like our lack of imaginative legislative acronyms, such as ...
- By Richard Stobbe The Supreme Court puts it mildly in its opening line: "The Internet raises a host of new and challenging questions about privacy." One of those questions is whether an IP address can be considered personal information. An internet protocol (IP) address is the unique numeric identifier of a particular ...
I think that the real reason that privacy is so user-unfriendly is that the case for privacy is intensely technical. The privacy risks presented by everyday internet use involve subtle and esoteric principles – understanding the risks of having your computer turned into a node in a botnet; or having its passwords harvested; or having your search- and browser-history logged and used against you (either to compromise you directly, or in use for attacks on your password-recovery questions); and having your metadata mined and joined up in ways that reveal your deepest secrets or result in false, incriminating, and hard-to-refute accusations being made against you, potentially costing you the ability to get credit, board an airplane, or even walk around freely.
You don’t need to be a technical expert to understand privacy risks anymore. From the Snowden revelations to the daily parade of internet security horrors around the world – like Syrian and Egyptian checkpoints where your Facebook logins are required in order to weigh your political allegiances (sometimes with fatal consequences) or celebrities having their most intimate photos splashed all over the web.
(Disclosure: I am a volunteer on Simply Secure's advisory council)
Software Freedom Law Center's 10th Anniversary Conference
Today, we’re updating our Transparency Report for the tenth time. This update details the number of government demands we received for user information in criminal investigations during the first half of 2014. The update also covers demands for user information under the Foreign Intelligence Surveillance Act (FISA) and through National Security Letters (NSLs).
Worldwide, the numbers continue to rise: excluding FISA and NSL demands, we’ve seen a 15% increase since the second half of last year, and a 150% jump since we first began publishing this data in 2009. In the U.S., those increases are 19% and 250%, respectively.
This increase in government demands comes against a backdrop of ongoing revelations about government surveillance programs. Despite these revelations, we have seen some countries expand their surveillance authorities in an attempt to reach service providers outside their borders. Others are considering similar measures. The efforts of the U.S. Department of Justice and other countries to improve diplomatic cooperation will help reduce the perceived need for these laws, but much more remains to be done.
Governments have a legitimate and important role in fighting crime and investigating national security threats. To maintain public confidence in both government and technology, we need legislative reform that ensures surveillance powers are transparent, reasonably scoped by law, and subject to independent oversight.
The USA FREEDOM Act, introduced by Senators Leahy (D-VT), Lee (R-UT), Franken (D-MN) and Heller (R-NV) would prevent the bulk collection of Internet metadata under various legal authorities, allow us to be more transparent about the volume, scope and type of national security demands that we receive, and would create stronger oversight and accountability mechanisms. Congress should move now to enact this legislation into law.
Congress should also update the Electronic Communications Privacy Act to make it clear that the government must obtain a search warrant before it can compel a service provider to disclose the content of a user’s communication. Legislation introduced in the House by Representatives Yoder (R-KS), Graves (R-GA) and Polis (D-CO) and in the Senate by Senators Leahy (D-VT) and Lee (R-UT) would create a warrant-for-content standard that protects the Fourth Amendment rights of Internet users.
This common-sense reform is now supported by a broad range of consumer groups, trade associations, and companies that comprise the Digital Due Process coalition. Additionally, more than 100,000 people have signed a petition urging the White House to back this bill, which enjoys bipartisan support from 266 House Members (well over a majority of the House) and passed the Senate Judiciary Committee in April 2013.
There is a growing consensus in support of these reforms. In the remaining days of this session, Congress has a chance to pass historic legislation that will help restore trust that has been lost. We urge them to seize upon this opportunity.
Posted by Richard Salgado, Legal Director, Law Enforcement and Information Security
Tor.com has published a long excerpt from the book, showcasing Jen's wonderful art, character development and writing!
By Richard Stobbe If the term "CASL compliance" is giving you a nervous twitch, you're not alone. Many small and medium-sized businesses in Canada are scrambling to prepare for Canada's Anti-Spam Law (CASL), whose official title says it all - especially the part about "efficiency and adaptability" (take a deep breath before you read ...
This is a guest post from our Google for Entrepreneur's partner Marc Nager from Up Global - ed.
While supporting thousands of community leaders over the past six years, UP Global has consistently found itself at the center of larger conversations about what makes entrepreneurial ecosystems thrive.
Fundamentally, our goal is to provide a global framework for these conversations, that can be adapted to support the unique efforts of the community leaders and entrepreneurs - wherever they may be.
We are pleased to announce the release of the Fostering a Startup and Innovation Ecosystem white paper. This research project extends our commitment to entrepreneurs around the world, and substantiates our optimism for the economic progress that occurs every day. We hope the conversations around these topics continue as we work together towards providing global access to entrepreneurship.
Foreword by Mary Grove, Director of Google for EntrepreneursEntrepreneurship and innovation are thriving in communities all across the globe, and we see the transformative power entrepreneurs have to build products and companies that improve their communities, cities, and ultimately the world. Over the last several years, we’ve seen a surge in entrepreneurial activity in cities as far ranging as Damascus to Detroit, Sao Paulo to Nairobi, led by local leaders and influencers.
UP Global is a best in class organization empowering communities with the support and resources they need to foster local innovation and entrepreneurs. Their belief is that everyone in the world should have the opportunity to go from idea to startup, and the organization has over 7,000 volunteers across 125 countries who are often involved or eager to join in larger conversations with corporations, universities, and policymakers about building and fostering a favorable climate for entrepreneurs in their local community.
There is plenty of research out there that provides advice for entrepreneurs and highlights a few common ingredients that help to foster successful ecosystems. This white paper underscores the five critical ingredients that support flourishing entrepreneurial ecosystems: talent, density, culture, capital, and regulatory environment. My hope is that we continue the conversation about how to foster these ingredients in our daily work. As a board member of UP Global and a close partner of theirs through Google for Entrepreneurs, I am more excited than ever about the organization’s continued support for entrepreneurial communities and the powerful opportunity these communities have to impact the world.
Worse still: people in publishing who are alarmed about Hachette are still allowing their audiobooks to be sold by Audible, the Amazon division that controls 90% of the audiobook market and will only sell audiobooks in a format that can't be legally played with anything except Amazon-approved technology. Audible has already started putting the screws to its audiobook suppliers -- the publishers and studios that make most of the audiobooks it sells -- even as it has gone into business competing with them.
It's profoundly, heartbreakingly naive to expect that Amazon will be any less ruthless in exploiting the advantage it is being handed over audiobooks than it has been in its exploitation of ebooks.
Take Amazon’s subsidiary Audible, a great favorite among science fiction writers and fans. The company has absolute dominance over the audiobook market, accounting for as much as 90 percent of sales for major audio publishers. Audible has a no-exceptions requirement for DRM, even where publishers and authors object (my own audiobooks are not available through Audible as a result). Audible is also the sole audiobook supplier for iTunes, meaning that authors and publishers who sell audiobooks through iTunes are likewise bound to lock these to Amazon’s platform and put them in Amazon’s perpetual control.
As John Scalzi wrote recently:
These businesses and corporations are not your friends. They will seek to extract the maximum benefit from you that they can, and from others with whom they engage in business, consistent with their current set of business goals. This does not make them evil – it makes them business entities (they might also be evil, or might not be, but that’s a different thing). If you’re treating these businesses as friends, you’re likely to get screwed.
Anyone who believes that Audible would hesitate to use its market power to extract additional profit at the expense of its suppliers – that is, writers and publishers – is delusional. Not because Audible is evil, but because it is a for-profit corporation that is seeking to maximize its gain. The lesson of Hachette is that Amazon plays hardball when it can, and the more leverage Amazon has over its suppliers, the more it will use that leverage to its suppliers’ detriment.
Audible, Comixology, Amazon, and Doctorow’s First Law [Locus/Cory Doctorow]
(Image: DRM PNG 900 2, Listentomyvoice, CC-BY-SA)
In his best-selling novel Ready Player One, Ernest Cline predicted that decades from now, Doctorow (Homeland, 2013, etc.) should share the presidency of the Internet with actor Wil Wheaton. Consider this manifesto to be Doctorow’s qualifications for the job.
The author provides a guide to the operation of the Internet that not only makes sense, but is also written for general readers. Using straightforward language and clear analogies, Doctorow breaks down the complex issues and tangled arguments surrounding technology, commerce, copyright, intellectual property, crowd funding, privacy and value—not to mention the tricky situation of becoming “Internet Famous.” Following a characteristically thoughtful introduction by novelist Neil Gaiman, rock star Amanda Palmer offers a blunt summary of today’s world: “We are a new generation of artists, makers, supporters, and consumers who believe that the old system through which we exchanged content and money is dead. Not dying: dead.” So the primary thesis of the book becomes a question of, where do we go from here? Identifying the Web’s constituents as creators, investors, intermediaries and audiences is just the first smart move. Doctorow also files his forthright, tactically savvy arguments under three “laws,” the most important of which has been well-broadcast: “Any time someone puts a lock on something that belongs to you and won’t give you the key, that lock isn’t there for your benefit.”
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