The Content Industry Connect conference, which was held in Toronto yesterday, featured a panel of leading television executives from Bell, the CBC, Corus, Rogers, and Shaw Media. Several people were live-tweeting the event when a comment from Rogers Senior Vice President David Purdy caught my eye. According to Kelly Lynne Ashton, a media policy expert, Purdy called on the Canadian government to shut down the use of virtual private networks:[caption id="attachment_9279" align="alignnone" width="300"] @Klashton27 tweet by Kelly Lynne Ashton[/caption]
News February 27, 2015
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In December 2010, the U.S. Federal Communications Commission passed the Open Internet Order, which featured relatively weak net neutrality rules. Despite their limited impact (the Order did not go as far as the Canadian Internet traffic management practices which were established a year earlier), Verizon challenged their validity in court. A U.S. appeals court sided with Verizon in 2014, ruling that the FCC did not have the authority to issue the order. The Verizon win proved to be short-lived, however, since later this week, the FCC will pass new net neutrality rules that go much further than the 2010 order. As Ars Technica recently noted, the Verizon net neutrality gamble backfired.
The Verizon blunder came to mind this past weekend as word began to circulate that Bell is seeking leave from the courts to challenge the CRTC’s recent net neutrality ruling involving its mobile television service. The company argues that the CRTC does not have the jurisdiction to issue its ruling under the Telecommunications Act (which forbids undue preferences) since the service should be governed by the Broadcasting Act (which does not have an undue preference provision). From Bell’s perspective, the court challenge presumably seems like a no-brainer: if it wins, the ruling is struck down. If it loses, it still delays the implementation of the CRTC decision for months or even years, thereby maintaining its existing practice for the time being.
The abrupt end of the Sun News Network – its owners pulled the plug on the all-news channel without warning earlier this month – sparked considerable commentary with many lamenting the lost jobs, others examining the quality of the content, and some celebrating the end of a service that was controversial from the moment it launched. Largely left unsaid, however, is that its demise signals the beginning of a new era in Canadian broadcasting in which services are allowed to fail rather than being propped up through regulatory or government support.
My weekly technology law column (Toronto Star version, homepage version) notes the Canadian broadcasting system has long been shielded from market forces through a broad array of regulations that offer both financial compensation and marketplace protection. Those rules have been a boon to broadcasters, who have seen some services succeed with limited viewers and original content.
Citizen Four, Laura Poitras’ enormously important behind-the-scenes documentary film on Edward Snowden, won the Academy Award last night for best documentary. The film is truly a must-see for anyone concerned with privacy and surveillance. It not only provides a compelling reminder of the massive scale and scope of surveillance today, but it also exposes us to the human side of Snowden’s decision to leave his life behind in order to tell the world about secret surveillance activity.
Canada is not mentioned in the film, but that is not because we have been immune to similar surveillance activity. In the months since the Snowden revelations began, there have been many Canadian-related stories including reports on G8/G20 spying, industrial spying in Brazil, the “airport wifi” surveillance program, and the massive Internet download surveillance program.
The House of Commons debate over Bill C-51, the anti-terrorism bill, began yesterday with strong opposition from the NDP, disappointing support from the Liberals, and an effort to politicize seemingly any criticism or analysis from the Conservative government. With the government already serving notice that it will limit debate, the hopes for a non-partisan, in-depth analysis of the anti-terrorism legislation may have already been dashed. This is an incredibly troubling development since the proposed legislation has all the hallmarks of being pulled together quickly with limited analysis. Yet both the Conservatives and Liberals seem content to stick to breezy talking points rather than genuinely work toward a bill that provides Canadians with better safeguards against security threats while also preserving privacy and instituting effective oversight.
The only detailed review to date has come from Professors Kent Roach and Craig Forcese. Their ongoing work – three lengthy background papers so far (Advocating or Promoting Terrorism, new CSIS powers, expanded information sharing) – provides by far the most exhaustive analysis of the bill and is a must-read for anyone concerned with the issue. Indeed, once you have read their work, it becomes readily apparent that all should be concerned with this legislation. Much of the focus to date has been on the lack of oversight and the expansive new powers granted to CSIS. However, the privacy implications of Bill C-51′s information sharing provisions also cry out for study and reform.