My #clawbies2014 Nomination 2014: CanLII Connects

It is Clawbie or Canadian Law Blog Awards time again and this year I am nominating CanLII Connects. Now before I justify my choice, I want to make it perfectly clear that I am a proud contributor to CanLII Connects but this is NOT the reason why I strongly believe CanLII Connects should be recognized. Instead, it is the concept, the very idea of CanLII Connects that drives my nomination. It is the brainchild or should I say web-baby of Colin Lachance, who had a vision of an open web-based co-operative cyberspace for legal thought and innovation; a safe space in which lawyers could exchange ideas freely and without prejudice. A space unbounded by the four walls of an office, a boardroom or a courtroom where lawyers could share knowledge as well as their passion for law across Canada and the global community.

And so at the close of 2014, I tip my blog to CanLII Connects and all those bloggers who post insightful commentaries and help me and many thousands of others to understand that the rule of law is not just a compendium of static principles but is rather something more organic as they derive a deep richness from the multi-faceted perspectives of CanLII Connects.

 Bravo to CanLII and to the dedicated CanLII Connects Community!

The Internet Is Here To Stay!

Earlier, something extraordinary happened: there was a paperless revolution. Across the Internet many major websites did the unheard of and went “dark,” meaning the websites were unavailable to users. Although unavailable, these “dark” sites had a message to their madness: Stop SOPA/PIPA. SOPA is an acronym for the Stop Online Piracy Act and PIPA stands for Protect IP. Both USA Bills are purportedly for the protection of intellectual property rights, but in reality the Bills are much more.

SOPA, in particular, gives broad authority to shut down websites, even foreign websites, without notice for “committing or facilitating” copyright infringement. The overreach of the legislation has the potential to adversely impact many websites we read and use on a daily, maybe even hourly, basis such as YouTube, Twitter, Open Culture, and Brain Pickings. For further explanation of the issues read the articles here and here. For an excellent understanding of why Canadians should be worried, read this blog by Michael Geist.

Of course, in Canada the Copyright Act protects copyright material from being distributed and published on the Internet without the copyright holder’s permission. However, there is presently no formal policing of the Act and it is the copyright holder’s responsibility to claim the right and seek enforcement. Interestingly, besides the Copyright Act, which has its main objective to protect intellectual property, there are other Canadian statutes in which the Internet is referred to as a tool to enhance, not detract, from the valid objective of the legislation.

For example, in the Canadian Environmental Assessment Act, which provides a mechanism for determining the efficacy of projects affecting the environment, a number of sections require the Canadian Environmental Assessment Agency to “establish and maintain an Internet site to be generally accessible” in order to provide public access to records and reports related to assessments. Thus, this remarkable piece of legislation provides transparent governance through the best possible platform: the Internet, which permits the greatest number of people the fullest access to possibly life-changing information. There are other Acts, which also require some form of Internet access as in the Civil Air Navigation Services Commercialization Act. Instead of restricting access, the Government is embracing it with this, dare I say, “anti-1984” legislation. Yes, we are out of the eighties and there the Internet shall stay!

Of course, the idea of restricting the use of information on a platform dedicated to global dissemination of ideas is not only counter-intuitive but also highly ironic. If the Information Highway cannot carry information, then what do we call it? Somehow the Information Cul de Sac just doesn’t cut it. Certainly, protection of intellectual property is valid but let’s hope we can accomplish protection and increase our worldly knowledge at the same time.