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Does the Government Have a Role in Internet Connectivity?

My weekly Law Bytes column (Toronto Star version, homepage version) picks up on Toronto Hydro’s announcement last week of its plans to blanket the City of Toronto with wireless Internet access. I note that the announcement has sparked an important debate about the appropriate role for governments and public institutions in providing Internet connectivity, which comes on the heels of the CRTC’s recent decision to distribute $652 million to major telecommunications providers such as Bell and Telus to help defray the costs of implementing high-speed connectivity in rural Canadian communities.

These developments place the spotlight squarely on a critical question for new Conservative Industry Minister Maxime Bernier – what, if anything, should government do about Internet connectivity?

The starting position for a Conservative government might well be to argue that government has a very limited role to play here, concluding that this is strictly a marketplace issue and that the private sector has plenty of incentives to develop networks for consumer use.

Given the Web’s importance, I argue that government cannot adopt a hands-off approach, though it must recognize that its role differs in the urban and rural markets.

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March 13, 2006 4 comments Columns

Alberta Introduces Bill to Block Patriot Act Disclosures

The Alberta government last week introduced Bill 20, which is designed to stop compelled disclosures of personal information under the USA Patriot Act.  The bill creates fines of up to $500,000 for violating provincial laws governing disclosure of records.  The fines arise for violation of the following provision: "A person […]

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March 12, 2006 5 comments News

More McBride

As keepmusiccoming.com falls into the hands of a Russian download site and the French Parliament moves closer toward creating download penalties akin to traffic tickets, Nettwerk founder Terry McBride continues to push for sanity in North America.  Check out his Save the Music Fan site, which includes his op-ed for […]

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March 12, 2006 Comments are Disabled News

Canadian Human Rights Tribunal Issues Internet Hate Decision

The Canadian Human Rights Tribunal has issued a noteworthy Internet hate decision that focuses on the applicability of the Human Rights Act to Internet hate materials (Globe coverage here).  The Tribunal ordered fines against several individuals for their role in maintaining several hate websites and newsletters.  The lengthy decision is […]

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March 11, 2006 2 comments News

Bill C-60 and Private Copying

While Bill C-60 is history, a specific provision involving private copying merits a brief comment.  The bill's approach to anti-circumvention provisions was generally that circumvention of a TPM was only an infringement where the purpose was to infringe copyright.  There was, however, a notable exception for private copying.  In other words, if you defeated the encryption on a copy-control CD for the purposes of making a private copy, that act would constitute infringement, even if the copying itself was lawful.

The presumed rationale behind this exception was that the private copying levy is supposedly linked to actual copying.  Supporters of the provision argue that the levy can go up or down, depending on that copying.  Assuming a world of ubiquitous copy-controls (that actually work), the levy would decrease to zero since there would be no private copying at all.

 

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March 9, 2006 5 comments News