New book out: Canadian Communication Policy and Law

 My new book Canadian Communication Policy and Law has just been published!



The book is available in print and e-book formats and will be available for short-term rental on VitalSource starting in the fall.

“At last, a book on Canadian communication policy that thoroughly integrates critical theory including political economy, gender, and race-based approaches, as well as Indigenous and postcolonial analysis. Bannerman’s crystal-clear prose and exhaustive research provide readers with the definitive guide to who benefits from public policy in a digital age.”
    —Vincent Mosco, Queen’s University, Author of The Smart City in a Digital World

“With its robust attention to critical race theory and intersectionality, Bannerman’s book enriches scholarship in Canadian communication policy and law. The book tackles some of the most pressing communication and digital policy issues today, highlighting in particular the imbrication of power and politics and the importance of upholding the often-vexed nature of the public interest.”
—Leslie Regan Shade, Professor, Faculty of Information, University of Toronto

 "This exciting and innovative new text from Sara Bannerman brings a diverse range of critical perspectives to bear on enduring issues and pressing concerns in communications policy, law, and regulation in the 21st Century. The scope is as ambitious as it is impressive. At each step of the way, Bannerman deftly guides readers through the hotly contested issues that will continue to shape the terrain of intellectual property, freedom of expression, privacy and data protection, telecommunications, broadcasting, and internet regulation for years to come.”
—Dwayne Winseck, Professor, School of Journalism and Communication, Carleton University

“This work is immensely valuable in many respects—it offers an engaging introduction to a wide range of theoretical approaches that are made accessible through clear prose and compelling real-world examples. Unlike many introductory texts, which present perspectives on law and policy in a neutral fashion, this work offers a vigorous critique of Canada’s legal and regulatory communications framework—a regime that, while neutral in its face, serves to reinforce inequity and preserve the status quo.”
—Lisa Taylor, Associate Professor, School of Journalism, Ryerson University

“Sara Bannerman offers a unique primer on a range of Canadian policy and legal issues pertaining to media and communications; its expansive scope is unparalleled. What especially stands out about this book is its attention to the underlying power structures that shape policy and law, as well as its innovative approach to guiding readers through the process of legal research. This text is essential for anyone interested in how Canadian media and communications are shaped by law and policy.”
—Tamara Shepherd, Communication, Media and Film, University of Calgary

“Canada’s rapidly-changing communications system requires thoughtful analysis of both long-standing and emergent issues, from intellectual property law to telecommunications policy. Synthesizing decades of research and legal precedent, Dr. Bannerman unpacks core debates from various theoretical and normative standpoints, paying close attention to power relations and systemic bias, and offering readers a framework to engage in policy research. This is a valuable resource that connects communications policies with the lived experiences of the diverse individuals and groups who make up Canadian society.”
—Rob McMahon, Communications and Technology, University of Alberta

 

Summary

This essential resource examines the central issues in Canadian communication policy and law, including freedom of expression, censorship, broadcasting policy, telecommunications policy, internet regulation, defamation, privacy, government surveillance, intellectual property, and more. Taking a critical stance, Sara Bannerman draws attention to unequal power structures by asking the question, whom does Canadian communication policy and law serve?

The in-depth discussions consider fundamental theories for analyzing law and policy issues, such as pluralist, libertarian, critical political economy, feminist, queer, critical race, critical disability, postcolonial, and intersectional theories. Accessibly written and featuring further readings, a glossary, and a chapter on legal and policy research and citation, this book provides a superb introduction to the field for students in media studies and communications programs, while also synthesizing advanced critical analysis of key problems in Canadian communication policy and law.

 

Table of Contents

Introduction

Chapter 1: Whom Do Law and Policy Serve?
Chapter 2: Introduction to the Canadian Legal System
Chapter 3: Freedom of Expression and Censorship
Chapter 4: Defamation
Chapter 5: Privacy
Chapter 6: Government Surveillance
Chapter 7: Intellectual Property
Chapter 8: Telecommunications Regulation
Chapter 9: Broadcasting Regulation
Chapter 10: Internet Regulation
Chapter 11: Access to Information
Chapter 12: Legal and Policy Research and Citation

Conclusion
Glossary
List of Acronyms
Bibliography
Index

Domain name dilemmas

ICANN is planning to start allowing new domain names. Beyond dot.com, dot.ca, dot.xxx, or dot.sex, under the new plan there could be effectively dot.anything. Unlimited possibilities could mean unlimited registrations for existing trademark owners. Our politicians may now have to keep track of even more than the usual range of dot.com and dot.ca names; there could now be rodgercuzner.ca, rodger.cuzner, rodgercuzner.ottawa, rodgercuzner.canada, or rodgercuzner.dating and any range of possible registrations to lose track of.

ICANN is currently consulting with intellectual property experts on policies that might protect at least the trademark holders from this difficulty. Some groups are concerned that the interests of trademark holders are being considered above those of other interests, such as those of the Non-Commercial Users Constituency (NCUC).

WIPO's recent comments on the ICANN issue are here. As well, according to IP-Watch, WIPO's report on domain name disputes is due next week. The disputes may soon multiply.

CIPO on Intellectual Property and Competetiveness

The Canadian Intellectual Property Office (CIPO) has made a submission to the Competition Policy Review Panel. They make several points:

on trademark registration:

• Canada should join the Madrid system of international registration of trade-marks offers trade-mark owners, which allows trade-mark owners to have their marks protected in multiple member countries by filing one application for registration with the local IP office
  

• Canada should ratify the Singapore Treaty on the Law of Trademarks, which would mean "more harmonized policies with respect to registration and maintenance of trade-marks, and a somewhat stronger voice for Canada in negotiating ongoing changes to the international trade-mark regime."

on patent commercialization:

• "improving access to relevant IP data" for SMEs, since such access is "instrumental to the identification of successful commercialization partnerships both domestically and internationally"
• "better support for technology transfer capacity in universities and promote a culture of entrepreneurship and commercialization in these settings"

on harmonization generally:

• Although they don't mention the WIPO copyright treaties directly, they push international IP harmonization hard, arguing that a
  

"“tyranny of small differences” between regimes that can impose significant costs on Canadian businesses operating in foreign markets. Addressing these “small differences” through initiatives that harmonize the processes of registration and maintenance of IP rights is likely to effect a positive change in both Canada's attractiveness as a place to do business and in the global outlook of Canadian companies."

"Greater harmonization of administrative processes also allows foreign enterprises wishing to invest in or partner with Canadian firms to register and protect their intellectual property without adjusting to as many of the particularities of the Canadian IP system."

TM Win for Dykes on Bikes

The San Francisco Women's Motorcycle Contingent, otherwise known as 'Dykes on Bikes', has successfully defended their right to trademark their name after a man challenged the trademark, complaining that the term 'dykes on bikes' was offensive to men, scandalous and immoral. This isn't the first time the organization has had to fight for its name; the U.S. Patent and Trademark office originally rejected their attempt gain a trademark on the grounds that the term 'dyke' was offensive to lesbians.
SFGate reports.
Update January 8, 2008.