Post Tagged with: "CIPPIC"

Privacy Commissioner Issues Finding Against U.S.-Based Abika.com

Not sure how I missed it, but the Privacy Commissioner of Canada recently issued a well-founded finding against Accusearch, which does business as Abika.com.  The case is noteworthy since CIPPIC went to the Federal Court to force the Privacy Commissioner to launch its investigation (the case raised interesting jurisdictional questions).  […]

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August 13, 2009 Comments are Disabled Must Reads

CRTC Network Management Hearings, Day Four: CAIP, CIPPIC for CDM, Execulink, Primus

Day four of the CRTC's network management hearings featured three of the world's leading experts on networks along with a trio of ISP perspectives.  The panelists included the Canadian Association of Internet Providers, CIPPIC on behalf of the Campaign for Democratic Media (CDM) (who brought experts Dr. David Reed, Dr. Andrew Odlyzko, and Bill St. Arnaud), Execulink Telecom, and Primus Telecommunications.

An important theme during the day was debate on whether there really is a network congestion crisis.  CAIP argued that it is competition, not congestion that is at issue.  Odlyzko surprised the Commissioners by noting that traffic growth is actually declining and that a steady rate of capital expenditures should be sufficient to meet demand (this was later confirmed by Execulink). Moreover, St. Arnaud and Reed emphasized the diminishing importance of P2P as a video delivery channel, urging the CRTC not to fight yesterday's war.

The second important development was the clear divide that has emerged on traffic management at the wholesale vs. retail level.  The wholesale issue was at the heart of the CAIP vs. Bell case and that case is effectively being re-argued during these hearings. Many ISPs have argued against any form of traffic management of wholesale traffic, noting that it prevents the potential for competition between providers.  Moreover, in repeated questions about the impact on carrier networks (such as Bell) it is becoming apparent that the problem may lie with Bell, not with the ISPs.  Independent ISPs note that Bell promises certain speeds and bandwidth at the wholesale level, but seemingly has difficulty meeting those promises. Some providers (ie. MTS Allstream) have network architectures that ensure that this is not a problem.  The sense is that Bell does not and so resorts to traffic management practices.  It is noteworthy that CAIP focused very heavily on the wholesale issue and basically abandoned any pretext of protection against traffic management for consumers.

The retail side of the issue has many ISPs arguing that anything should be permitted with appropriate disclosure.  Fighting for some limitations are consumer groups, creator group, Saveournet.ca, and the Open Internet Coalition.  They have proposed a test to determine whether the traffic management practice is permissible under Canadian law. The Commission will ultimately have to decide both (1) the wholesale issue, which may involve an acknowledgement that it got the CAIP decision wrong; and (2) the retail question including disclosure practices and tests (if any) to determine appropriate conduct. 

Today's summary was again compiled by Yael Wexler, a law student at the University of Ottawa.  Other coverage available from the National Post liveblog, CBC.ca and twitter feeds from CIPPIC and me.

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July 9, 2009 4 comments News

U of Ottawa Tech Group Still Hiring

A reminder that the University of Ottawa still has two exciting technology law jobs open.  The technology law group will be formalizing into a Centre and is looking for an Executive Director. Moreover, CIPPIC is hiring a Director for the clinic. The deadline for applying is June 19, 2009.

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June 11, 2009 Comments are Disabled Must Reads

University of Ottawa Tech Law Group is Hiring

The University of Ottawa's technology law group has just posted advertisements for two positions.  The first is for the Executive Director of the University of Ottawa Centre for Law, Technology and Society.  The technology law group is among the largest and most active anywhere and this position is part of […]

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April 19, 2009 Comments are Disabled News

Privacy Commissioner Rules USA Patriot Act Privacy Risks Mirrored in Canada

Assistant Privacy Commissioner has ruled that the privacy risks posed by the USA Patriot Act are similar to those found in Canada and therefore not grounds to rule that the privacy protection afforded by a U.S. email provider is not comparable to Canadian-based providers.  The finding arises from a complaint […]

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August 19, 2008 6 comments News