Clearing up Confusion About Ontario Cell Phone Ban

In late October, the Ontario government announced that it was tabling legislation that would ban the use of handheld devices while driving. It seems that the flurry of media attention the issue received caused residents of this province to believe that a ban has already come into effect. Just to clear things up: THE LEGISLATION HAS NOT YET PASSED!

While it has passed the first reading, a spokesperson from the communications branch tells me that the proposal still needs to go through the standard legislative process. While he couldn't provide an idea of how long this might take, he did indicate that the earliest we'd see the ban come into effect would be Spring of 2009. Yes, people. You've got plenty of time.

With that said, it's highly likely that the ban, or some variation of it, will indeed pass. As it stands, the Government is looking to ban not just cell phones, but the use of any hand held wireless device while driving. This could include everything from portable navigation units, to iPods. You would, however, be able to use the phone in emergency situations, or with a hands-free headset or speakerphone. But red lights? Sorry, you won't be able to quickly send that text while you're waiting for the green. Bottom line: you'll need to pull over before even so much as touching your cellular phone.

Of course when asked what the difference is between changing stations via my windshield-mounted satellite radio receiver and inserting a CD into the car's factory player, I'm told only that these are the sorts of issues that need to be flushed out before actually passing the legislation.

If the ban does come into effect, you can expect to pay anywhere from $60 to $500 as a fine.

While this can be viewed as bad news for electronics manufacturers, there is a silver lining: Bluetooth products will skyrocket in sales, and customers will respond much more positively to features like voice-recognition/activation and quick-button functions. Tailor your products and campaigns toward these features, and you could actually benefit from this ban.

But again, we're speaking hypothetically. For now, however, it would still be a good idea to outfit your car with a Bluetooth speakerphone anyway. You might not hold your hands at 2 and 10 while driving anymore. But this doesn't mean you should hold them at 12 and up-to-my-ear either.

What Will New Canadian Copyright Laws Mean for Tech Industry?

The Government of Canada has proposed amendments to the Copyright Act that could potentially wreak havoc in the consumer electronics industry, where sharing content among devices and via the 'net is part of the appeal of many of today's products.

For example, the revisions make it legal to "copy" a TV program to a device like a PVR for watching later on. The same goes for a legally-acquired piece of music being copied onto a portable device, like an iPod or music phone. But this activity becomes illegal if the consumer has to get around some sort of "digital lock". Great: I can already see how content creators will be conjuring up ways to get around this loophole! If a person is caught in such an activity, he could face a $500 fine (up to $20,000 when we get into commercial activities).

Another amendment gives the rights holders of content, like music, video, or images, the right to determine how their content is posted and shared online. Previously, this right was only given to authors of the content, but it has now been extended to performers and producers. Does that mean that a Web surfer could be fined if he posted a video he took on his camera phone from a music concert? And in a case like that, what happens if the artist, the producer, and the and the songwriter all disagree? Additional amendments in this area include a "moral right" that would prevent distortions of one's content: I guess this means no more karaoke videos on YouTube? Some exceptions are made for the research and education markets.

In the online arena, Internet Service Providers (ISP) are being cleared of any responsibility when it comes to illegal downloaders or copyright infringers that use their services. However, they will be required to passs on copyright infringement allegations to the particular subscriber, and keep a record of their personal information for at least six months. In effect, the ISP will act as the liaison between the legal entity and the subscriber.

In terms of photographers, they will now become the owner of the copyright associated with images they've taken rather than the person that has commissioned the material (although the latter can still use said image(s) for personal purposes).

"It's a win-win approach because we're ensuring that Canadians can use digital technologies at home with their families, at work, or for educational and research purposes," explained the Honourable Jim Prentice, Minister of Industry. "We are also providing new rights and protections for Canadians who create the content and who want to better secure their work online."

The entire idea of social networking on the Web will be hit pretty hard in wake of these new amendments. Personal blogs will likely no longer include photos acquired by a quick right-click, copy and paste action (luckily this blog doesn't engage in that activity!); while embedded videos might even be considered "illegal" if the content owner doesn't want the exposure (although I can't imagine why he wouldn't). Illegal music downloaders might also be a little less prone to engaging in their favourite past-time activity. In essence, all of these things are positive changes; but what's most worrisome is when it comes to some new products and technologies that facilitate the personal sharing of one's own content. If content creators start putting digital locks on everything they create, we'd run into some major issues. Hopefully these new amendments don't breathe new life into DRM-like restrictions that we've only just begun to show progress in eliminating.