Post Tagged with: "fcc"

Obama in the Backseat: Rally to Save the Internet by Stacie Isabella Turk/Ribbonhead (CC BY-SA 2.0) https://flic.kr/p/osRvjr

Why Canada’s Net Neutrality Commitment Places Consumers in Control

Canada seemed lost when it came to Internet policy a little over a decade ago. The government showed scant interest in the technicalities of Internet services and the Canadian Radio-television and Telecommunications Commission stood idly by as leading Internet providers engaged in traffic shaping to limit speeds of some applications and mused openly about new fees for the right to transmit content to subscribers. Internally, government policy makers were seemingly untroubled that telecom companies were gearing up to be gatekeepers of Internet content.

My regular Globe and Mail column notes those early Internet policies are unrecognizable today as Canada has emerged as a world leader in supporting net neutrality, the principle that all content and applications should be treated equally and that choices made by Internet users should be free from ISP or telecom interference. The policies do not guarantee Internet success – no law does – but it signals a clear commitment to placing consumers and creators in the Internet driver’s seat.

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May 2, 2017 2 comments Columns
Stop ACTA 21 by Martin Krolikowski (CC BY 2.0) https://flic.kr/p/bs3Yxp

With U.S. Retreat from Online Privacy, Canada Needs to Safeguard the Internet in NAFTA Talks

The North America Free Trade Agreement renegotiation is likely to start within the next few months as the U.S. triggers provisions that will re-open Canada’s most important trade deal.  With U.S. Secretary of Commerce Wilbur Ross emphasizing the need to address digital economy issues, I wrote about a digital economy-era NAFTA in last week’s Globe and Mail, noting that there were some issues (including online contract enforcement and consumer protection) that should relatively uncontroversial.

In light of yesterday’s U.S. Congressional decision to overturn online privacy rules, it is worth revisiting the NAFTA renegotiation issue and consider whether Canada will need to safeguard its Internet policy. I noted last week that the U.S. was already likely to target two Internet-related privacy measures: data localization and data transfers. Data localization, which could mandate retention of personal information on computer servers located in Canada. has become an increasingly popular policy measure worldwide as countries respond to concerns about U.S.-based surveillance and the subordination of privacy protections for non-U.S. citizens and residents. The Trans Pacific Partnership included restrictions on data localization requirements at the insistence of U.S. negotiators and those provisions are likely to resurface during the NAFTA talks.  Similarly, limitations on data transfer restrictions could surface, restricting the ability to establish privacy safeguards and placing Canada in a difficult position with the EU requiring restrictions and NAFTA prohibiting them.

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March 29, 2017 5 comments News
Protest at the White House for Net Neutrality by Joseph Gruber (CC BY-ND 2.0) https://flic.kr/p/p294TD

Net Neutrality and Netflix Taxes: The Tension Between Government and Regulatory Agencies on Digital Policy

U.S. President Barack Obama yesterday came out strongly in favour of net neutrality, urging the U.S. Federal Communications Commission to uphold core net neutrality principles. Obama’s comments was unsurprisingly welcomed by net neutrality activists throughout the U.S., though some caution that the ultimate decision still lies with the regulatory agency. Obama focused on greater transparency along with rules to ensure no blocking, throttling, and paid prioritization. I wrote earlier this year on how Canada passed net neutrality regulations (termed Internet traffic management practices) in 2009, which address many of the issues raised by Obama and has not resulted in the horrors suggested by critics of net neutrality policy.

Obama’s decision to wade into the net neutrality debate highlights how politicians can no longer simply avoid telecom, broadcast, and Internet issues by claiming that the matter is solely for regulators to determine. Policy issues such as net neutrality and Internet regulation have profound importance for millions and we should not be content to leave the issue exclusively to unelected regulators (no matter transparent their processes).

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November 11, 2014 2 comments News

How Canada Avoided the Latest Great Net Neutrality Battle

Appeared in the Toronto Star on May 10, 2014 as How Canada Avoided the Latest Great Net Neutrality Battle The Internet community has reacted with alarm in recent weeks to a U.S. Federal Communications Commission (FCC) proposal that would significantly undermine net neutrality, the principle that underlies equal treatment for […]

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May 13, 2014 Comments are Disabled Columns Archive

Different Regulations, Different Regulators: Behind Canada’s Net Neutrality Advantage

Last week, many in the Internet community were outraged by a U.S. Federal Communications Commission proposal that would significantly undermine net neutrality. The commentary on the (still unpublished) U.S. proposal says it all – The FCC’s New Net Neutrality Proposal is Even Worse Than You Think, Is Net Neutrality Dying, How Open Will the FCC’s ‘Open Internet’ Really Be?, Goodbye, Net Neutrality: Hello, Net Discrimination, and Net Neutrality Dead for Good?. The FCC responded with its own post that did little to assuage the concerns, stating that the U.S. rules will propose:

1.    That all ISPs must transparently disclose to their subscribers and users all relevant information as to the policies that govern their network;
2.    That no legal content may be blocked; and
3.    That ISPs may not act in a commercially unreasonable manner to harm the Internet, including favoring the traffic from an affiliated entity.

Transparency and no legal blocking are hold overs from the earlier Open Internet order. The third issue is where net neutrality would be harmed as the FCC is proposing to shift toward a “commercially unreasonable” standard for treating similar content in different ways. That approach would certainly permit paid prioritization, where deep pocketed content owners could pay to have their content sent on a fast lane, while everyone else is stuck on the slow lane.  Moreover, given that the earlier Open Internet order was struck down by a U.S. court, even transparency and content blocking presently fall through the cracks.

Given the widespread attention to the U.S. developments, many have been asking about the impact in Canada.

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April 28, 2014 5 comments News