Day Two at the CRTC’s new media hearings saw an escalation of demands with groups seeking broad regulations, Internet-based Canadian content requirements, and even reform to the Copyright Act. The following review was compiled by University of Ottawa student Frances Munn (Globe and Mail live blog of the hearing is here; Day One coverage here).
While the early focus of the CRTC New Media hearings are unsurprisingly focused on levies and regulation, an important additional issue is quickly emerging. CRTC Chair Konrad von Finckenstein tried to set the stage for the hearings by noting that they are limited strictly to new media broadcasting. He then followed with a question to Alain Pinot of the CCA in which he stated that he does not see the relationship between this hearing and the network management hearing. Von Finckenstein's comments come on the heels of the comment from Rogers over the weekend that they run a "dumb pipe" with respect to content.
It seems to me that the comments are related as they present a vision that puts content in one box (new media hearings and the Rogers dumb pipe) and network management in another (net neutrality hearings and a smart pipe/traffic shaping). I think this is wrong and points to key question. To use Rogers' terminology – can an ISP that engages in active network management but does not directly filter content be said to run both a smart pipe (the network management) and a dumb pipe (for content)?
I think the answer is no – current network management necessarily leaks into content and cannot be said to be a dumb pipe.
The CRTC opened the new media hearings today with considerable media coverage and live blogging from the Globe and Mail. Today's discussion cut directly to the most controversial issues – new media regulation and an ISP levy. Interestingly, CRTC Chair Konrad von Finckenstein wasted little time asking the Canadian Conference of the Arts why it emphasized the link between new media regulation and net neutrality, indicating that he did not see the relationship.
Throughout the hearings, I'll be teaming up with Carleton professor Ira Wagman to offer up a full summary of the day's events as we'll have students carefully taking notes on all the presentations and discussions. My thanks to Samantha Montreuil for attending today's hearings and compiling the following review of the day's events.
Welcome from Chair Konrad von Finckenstein
In 1999, the CRTC became one of first regulators in the world to examine new media and the question of if and how it should be regulated. Ultimately, the CRTC decided to exempt new media from regulation for three main reasons:
Today, Canadians are one of the populations that spend the most time online. Since new media has developed rapidly within the last 10 years, the CRTC feels that it is time to re-examine the question of regulating broadcasting within new media platforms; these hearings are to examine strictly broadcasting in new media and nothing else. The commission also seeks to examine the question of how to measure content and consumption of new media in order to implement any eventual regulatory measures.
The CRTC New Media hearings get underway today. There is coverage from Canwest and Ira Wagman, who discusses what to look for in the upcoming CRTC new media hearings. Together we'll be posting daily updates on the hearings.
Net neutrality is frequently re-characterized as "network management," with ISPs arguing that they should be able to manage their networks in a manner that distinguishes between certain applications (and potentially content). Funny, though, what happens when groups ask that the same network management tools be used for alternate purposes such […]
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Michael Geist
mgeist@uottawa.ca
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