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    Celebrating Internet Freedom Day: When the Internet Met Copyright

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    Friday January 18, 2013
    Today is Internet Freedom Day, a day to celebrate efforts to ensure an open and free Internet. Coming on the anniversary of the Wikipedia blackout that successfully stopped the Stop Online Piracy Act in the United States, it is worth thinking about the many successes (ACTA, Internet surveillance in Canada), failures (TPP, digital locks in Canadian copyright law), and tragedies (Aaron Swartz) that have occurred in the past year.

    Last fall, I delivered a keynote address at the University of Saskatchewan for its Technology Week 2012 that focused on these issues. The talk was titled When the Internet Met Copyright and can be viewed via a stream here (sorry no embed available).
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    Declaration of Internet Freedom

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    Tuesday July 03, 2012
    Dozens of civil society groups have issued a Declaration of Internet Freedom that focuses on five principles: expression, access, openness, innovation, and privacy.
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    UN Internet Takeover Rumours Mask Bigger Governance Shortcomings

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    Wednesday June 13, 2012
    Appeared in the Toronto Star on June 10, 2012 as UN Internet Takeover Rumours Mask Bigger Governance Shortcomings

    In recent months the Internet has been buzzing about the prospect of a United Nations "takeover" of the Internet, including responsibility for governance of the domain name system. The concern hit a fever pitch late last month when the U.S. Congress held hearings on the issue. A steady stream of technology companies and consumer groups expressed fears with potential U.N. and foreign government involvement and members of Congress pledged to take a strong stand against the takeover.

    While a U.N. takeover would indeed be cause for serious concern, the reality is far more complex and somewhat less ominous. This issue has been festering for over 15 years and is less about whether there will be efforts at governmental control and more about which government controls.

    The U.S. government established the Internet Corporation for Assigned Names and Numbers (ICANN), a private, non-profit entity based in California in 1998, granting it responsibility for Internet governance leadership. ICANN was created with a vision of an open, transparent and multi-stakeholder approach, where Internet users, companies, interest groups, and governments could all participate in the development of policies such as the creation and management of new domain name extensions, the privacy rules associated with registration information, and the development of dispute resolution policies for contested domain names.

    The International Telecommunications Union (ITU), a U.N. body, was never happy with U.S. leadership and the ICANN model, embarking on several efforts to assert greater influence over Internet governance issues.

    In 1996, it attempted to take control over the management of the domain name system but failed to do so (leading to the creation of ICANN). Several years later, it was the engine behind the World Summit on the Information Society (WSIS), which raised the prospect of dramatic change to the Internet governance model and a far more assertive role for national governments.  The ITU-backed WSIS initiative had support from many countries around the world, but the U.S. and its supporters (which included Canada) were able to keep the existing system largely intact.  

    The latest concerns arise from the World Conference on International Telecommunications, scheduled for Dubai later this year. The ITU is rumoured to be ready to take another shot at Internet governance control, a fear fueled by the notorious secrecy associated with the conference documents (the actual proposals were leaked on the Internet last week).

    Given past history, there is little reason to believe the ITU will succeed. Yet the issue is likely to recur for as long as the U.S. treats the Internet as its own.

    Successive administrations have regularly pressured ICANN on various policy matters, including efforts to get it to drop plans to create a dot-xxx domain (after years of global consultation and the development of a neutral process for approval) and expressed serious reservations with the introduction of hundreds of new domain name extensions. While a multi-stakeholder approach means that governments have an opportunity to express their views on policy issues, the U.S. seems to believe that some views count more than others.

    In fact, some of the same U.S. politicians who expressed outrage over the ITU plans only months ago were supporters of the Stop Online Piracy Act, the now-defeated controversial anti-piracy bill that included provisions that meddled with the domain name system.

    The current controversy misses the bigger point that Internet governance still lacks a strong, universal commitment to a multi-stakeholder approach that includes governments, business, and civil society groups working together to develop policies that best reflect the views of the global Internet community.

    Developing such policies is frustratingly time consuming and difficult – as any policy that implicates billions of people and the world’s most important communication system would be. Yet an inclusive and transparent system offers far more than the current unappealing alternatives of either secretive U.N. involvement or U.S. assertion of greater control whenever challenging policy issues arise.  

    Michael Geist holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law. He can reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.


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    Cutting Community Internet Access Program Highlights Absence of Digital Strategy

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    Tuesday April 17, 2012
    Appeared in the Ottawa Citizen on April 17, 2012 as Canada Lacking Digital Strategy

    The recent federal budget was a hefty 498 pages, but it still omitted disclosing the decision to eliminate funding for the Community Access Program, Canada's longstanding initiative to provide an Internet access alternative for those without connectivity. The world has changed dramatically since the CAP was first launched in 1995, but the decision to cut it without establishing alternative solutions for low-income Canadians who are not online is a disappointing development that highlights yet again the absence of a national digital strategy from Industry Minister Christian Paradis.

    The CAP was once a foundational element in the federal government's effort to connect Canadians. In the late 1990s, many did not have Internet access at home and wireless data plans were still years away. Today, the majority of Canadians have residential broadband access as well as wireless connectivity through their smartphones or other devices.

    The decision to cut the CAP therefore does not come as a surprise. In 2010, it appeared the government was set to cancel the program, bolstered by a 2009 evaluation conducted by the Audit and Evaluation Branch of Industry Canada. The evaluation found that the program was "less aligned with the current priorities" of the government and that "it may have out-lived its usefulness as a means to bring the Internet to communities across Canada."

    When letters were sent to local programs notifying them of the impending cuts, the local communities expressed their concern to elected officials. The outrage led then-Industry Minister Tony Clement to quickly reverse the decision, chalking up the notification letters to a funding misunderstanding.

    Changes in Internet access rates may have made the CAP an obvious target for elimination, but fostering universal access to the Internet is more important than ever. As governments embrace open government initiatives and shift toward electronic delivery of services, ensuring that all Canadians have Internet access becomes an absolute necessity.

    Yet the 2010 Statistics Canada Internet Use survey found that many low-income Canadians do not have Internet access at home. While 97% of Canadians in the top income quartile have access, that number drops to 54% for those in the bottom quartile. In other words, nearly half of all Canadians with incomes of $30,000 or less do not have ready access to the Internet.

    For those Canadians, the issue is not whether Internet access is available but rather whether it is affordable, particularly when combined with the need to invest in computing equipment. The CAP helped address the affordability gap by ensuring that thousands of Canadians - even those without a computer or who found that monthly access charges were beyond their means - would have access to the Internet.

    The CAP may have needed retooling, but there remains a Canadian digital divide that should be addressed. By comparison, the U.S. Federal Communications Commission teamed up with cable and technology companies last year to launch Connect-to-Compete, which promises to bring computers and Internet access to low-income households.  

    The program, which will officially launch in September, includes a commitment from the cable companies to offer $10 a month broadband Internet access to homes with children that are eligible for free school lunches. Moreover, families can purchase a refurbished computer for $150 or a new one from Microsoft for $250. For those without computer expertise, Best Buy's Geek Squad will offer basic digital literacy training in 20 cities around the country.

    For thousands of Canadians that relied on the CAP, its elimination raises the real prospect of being cut off from the Internet. The failure to identify alternatives that support affordable access to Internet services and computers, along with the necessary skills development, places the spotlight once again on Canada's missing digital strategy.

    Michael Geist holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law. He can reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.


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