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    Network Neutrality

    Garneau on a Canadian Digital Strategy

    Wednesday February 03, 2010
    Liberal Industry critic Marc Garneau has published an op-ed on the need for a Canadian digital strategy.  Garneau calls out the lack of action on connectivity, universal access, net neutrality, and intellectual property reform.
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    UK Conservatives Promise 100 Mbps Broadband By 2017

    Monday February 01, 2010
    The UK Conservatives have promised 100 Mbps broadband service to the majority of homes in the country by 2017.
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    Estimating The Cost of a Three-Strikes and You're Out System

    Tuesday January 26, 2010
    Canadian officials travel to Guadalajara, Mexico this week to resume negotiations on the still-secret Anti-Counterfeiting Trade Agreement.  The discussion is likely to turn to the prospect of supporting three-strikes and you’re out systems that could result in thousands of people losing access to the Internet based on three allegations of copyright infringement. Leaked ACTA documents indicate that encouraging the adoption of three-strikes - often euphemistically described as "graduated response" for the way Internet providers gradually send increasingly threatening warnings to subscribers - has been proposed for possible inclusion in the treaty.

    My weekly technology law column (Toronto Star version, homepage version) notes that while supporters claim that three-strikes is garnering increasing international acceptance, the truth is implementation in many countries is a mixed bag.  Countries such as Germany and Spain have rejected it, acknowledging criticisms that loss of Internet access for up to a year for an entire household is a disproportionate punishment for unproven, non-commercial infringement.

    Those countries that have ventured forward have faced formidable barriers.  New Zealand withdrew a three-strikes proposal in the face of public protests (a much watered-down version was floated at the end of last year), the UK's proposal has been hit with hundreds of proposed amendments at the House of Lords, and France's adventure with three-strikes has included initial defeat in the French National Assembly, a Constitutional Court ruling that the plan was unconstitutional, and delayed implementation due to privacy concerns from the country's data protection commissioner.

    Much of the three-strikes debate has focused on its impact on Internet users, yet the price of establishing such systems have scarcely been discussed.  That may be changing due to the UK government's own estimates on the likely costs borne by Internet providers and taxpayers in establishing and maintaining a three-strikes system.


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    Verizon Reportedly Terminating Subscriber Access Following Repeat Infringement Claims

    Thursday January 21, 2010

    CNET reports that U.S. ISP Verizon has begun terminating service for some subscribers alleged to have repeatedly infringed copyright.  While this is not quite three strikes and you're out - a subscriber can always go to another ISP - the lack of due process is very disturbing.

    Update: Comment notes that Verizon says there were misquoted. Have not terminated subscribers, but reserve the right to do so.


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    UK Government Launches Open Data Initiative

    Thursday January 21, 2010
    The UK today launches data.gov.uk, an open data initiative modeled after the U.S. data.gov site.
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    Wind Mobile Responds To Criticism Over Blocked Ports

    Wednesday January 13, 2010
    Wind Mobile has faced growing criticism over the past couple of days from its user community about blocked ports for those on unlimited data plans.  The reports indicated that the port blocking was effectively blocking access to a wide range of applications include streaming media, MSN, and Google Talk.  The blocking appeared to contradict the company's claims about its mobile Internet services.  Interestingly, as I was preparing this post, the company responded on its site.  It now says its has opened up many of the blocked ports to enable the applications that were facing challenges.  Moreover, the company says it will fix any remaining issues if alerted to them.

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    Yes Men Takedown Trades One Hoax For Another

    Monday January 11, 2010
    Last month, the Canadian delegation at the Climate Change Conference in Copenhagen found itself targeted by the Yes Men in a widely publicized hoax.  The well-known activists satirized the Canadian government’s position on the environment by launching a pair of phoney websites that looked official but promoted different policies. The hoax attracted considerable media attention, prompting Prime Minister's Office spokesman Dimitri Soudas to label it a childish prank.  Soon after, Canadian officials quietly set out to shut down the two websites.  

    My weekly technology law column (Toronto Star version, homepage version) notes that what followed creates a cause for concern, because Environment Canada appears to have misrepresented the harms posed by the sites in an effort to force them offline without a court order.


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    Canadian Gov't Convinces German ISP To Shut Down Environmental Parody Sites

    Wednesday December 30, 2009
    The Canadian government has convinced a German ISP to shut down two environmental parody sites that were developed by the "Yes Men" and garnered considerable attention during the Copenhagen climate conference.  The ISP complied with the request without seeking a court order first and in the process blocked an additional 4,500 sites hosted on the same IP block.
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    Fee-For-Carriage Fight Brews In The U.S.

    Wednesday December 30, 2009
    The NY Times reports on the fee-for-carriage fight brewing in the U.S. (where carriage is optional and fees are negotiating).  Denis McGrath highlights some of the key differences between the U.S. and Canada on this issue.
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    NB Court Orders Production of ISP and Facebook Records

    Wednesday December 23, 2009
    A New Brunswick court has ordered a plaintiff in a disability insurance claim to obtain “a history of her computer account use” from her ISP and “request” her ISP to generate a record accounting for her FaceBook use.
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