Ontario has cleared the way for new high-tech photo identification cards that would serve as an alternative to a passport when crossing the U.S. border on land.

The Legislature voted 71-10 yesterday in favour of a law allowing the enhanced cards, despite objections that personal information on the cards could be stored on U.S. computer systems or snooped upon electronically.

"This will be open to fraud, there's no question," said New Democrat MPP Gilles Bisson (Timmins-James Bay), whose party voted against the bill.

Transportation Minister Jim Bradley said the cards will be an alternative to having to get a passport by the time new U.S. rules for land border crossings take effect next June. Under the new rules, either a passport or enhanced ID must be produced at border crossings.

Bradley defended the cards, saying they use a number to identify the holder – not a name "as such" – but he acknowledged concerns raised by Ontario's privacy commissioner and other privacy advocates.

"We'll be continuing to work with the privacy commissioner because I think she raised some genuine concerns," said Bradley, noting further details about the card will be worked out when regulations are developed.

Critics fear that information on the cards could be duplicated by identity thieves or could be subject to inappropriate surveillance because they will use what's known as a radio frequency identification device chip.

The U.S. Department of Homeland Security insists on the use of the chip, but critics say it is vulnerable to copying and to electronic snooping.

"There's serious privacy concerns here and the government has not taken heed," said Bisson.

A coalition of groups, including the Canadian Civil Liberties Association, said yesterday the danger is so great the slogan on the province's vehicle licence plates should be changed to "Ontario: You'll be Discovered."

There is "potential to expand this program for other surveillance purposes," said Stuart True of the Council of Canadians.

The cards will be available in the form of an enhanced driver's licence or as a photo ID card for Ontarians who do not drive, Bradley said. A price has not been set, but it will cost "less than a passport," he promised. The program is expected to be underway by the spring.

No one will be forced to get the card. "It is strictly voluntary ... some people may say, `Look, I want to get a passport,'" Bradley told reporters.

This is the second post in a three-part series outlining how the new leadership in Congress and the White House can restore some of the civil liberties we've lost over the past eight years. Today's post focuses on innovation, fair use and intellectual property. On Friday, we posted about privacy and surveillance, and tomorrow we'll discuss government transparency.

Today's intellectual property (IP) laws frequently fail to strike the proper balance between the rights of creators, copyright holders and the public. Powerful companies interested in maximizing their investments in intellectual property have run roughshod over the people's fair use rights. This has been especially problematic given the explosion of user generated content sites like YouTube, which celebrate creativity and innovation and actively encourage a remix culture. It is our hope that our government leaders will work to bring balance to the law. Here are some suggestions to get things started:

1. Repair the Digital Millennium Copyright Act (DMCA). Eliminate the ability of copyright holders to get statutory damages for noncommercial violations of copyright laws. Require proof of actual damages prior to any award based on copyright liability. Raise the requirements for content owners to receive preliminary injunctions against technologies in copyright cases. Congress should pass the FAIR USE Act and the Orphan Works Act.

2. Reform the U.S. Patent and Trademark Office (PTO), emphasizing its role to promote, rather than impede, innovation. Patents, by constitutional design, are supposed to "promote the Progress of Science and useful Arts." All too often today, patents are used to hold innovation hostage. Patent office procedures should be reviewed to ensure that patent examiners are being given the tools and incentives they need to challenge overbroad patent applications. Simultaneously, avenues for post-grant administrative review procedures should be broadened, ensuring that public interest groups can continue to raise post-grant challenges without restrictive time limitations on their participation.

3. Don't let the content industry use our government resources to pressure universities and others to participate in their intimidating peer-to-peer dragnet operations.

4. Show caution before regulating the use of technologies that limit consumer choice or consumer rights. In the United States and abroad, our government should advocate for policies that promote the ability of consumers to use technology they purchase however they choose.