Net Neutrality And Creative Freedom (Tim Wu at re:publica 2010) by 
Anna Lena Schiller (CC BY-NC-ND 2.0) https://flic.kr/p/7VfazT

Net Neutrality And Creative Freedom (Tim Wu at re:publica 2010) by Anna Lena Schiller (CC BY-NC-ND 2.0) https://flic.kr/p/7VfazT

Net Neutrality

Internet Open by Blaise Alleyne (CC BY 2.0) https://flic.kr/p/54QttY

Net Neutrality Divide: Canada and the U.S. Go Separate Ways on an Open Internet

This week’s announcement that the U.S. telecommunications regulator plans to roll back net-neutrality regulations sparked an immediate backlash from those who fear that the decision will turn the Internet into a cable-like service dominated by the carriers and deep-pocketed giants that can afford to pay new fees to keep their content on the fast lane.

My Globe and Mail op-ed notes that the U.S. order, which would also block states from carrying out their own versions of policies that stop telecom carriers from leveraging their gatekeeper status by treating similar content or applications differently, is set for a vote next month.

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November 23, 2017 8 comments Columns
jonhz_2017-Oct-30 by Jonathan Hernández  https://twitter.com/jonhz/status/925127995211370496

NAFTA and the Digital Environment: My Keynote on Striking a Fair Balance on Copyright and Digital Policy

Earlier this week, I had the opportunity to deliver a keynote lecture at American University, Washington College of Law on NAFTA and the digital environment. A video of the talk can be found here (my remarks start just after 11:40) and is embedded below.

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November 1, 2017 0 comments Keynote Speaking, News, Video
Here is the Internet by Wolfgang Stief (CC0 1.0)  https://flic.kr/p/7k6W5j

Government Rejects Call for an Internet Tax: “Conflicts With Principle of Affordable Access”

The federal government yesterday released its response to the Standing Committee on Canadian Heritage report on local media released last June. The most controversial recommendation in that report – one swiftly rejected by Prime Minister Trudeau – was a call for a new Internet tax to help fund Canadian media and the creation of Cancon. As I wrote at the time, the proposal is a terrible idea that runs counter to important policy objectives of fostering affordable network access for all Canadians.

The government response, signed by Ministers Joly, Bains, and Morneau, rightly notes that “access to affordable broadband Internet, particularly in rural and remote regions, is essential to the participation of the Canadians in the digital economy.”  In light of this policy priority, the government firmly rejects the Internet tax proposal, grounding its decision in the principle of affordable access:

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October 19, 2017 0 comments News
Net Neutrality rally by Alistair (CC BY-NC 2.0) https://flic.kr/p/4RFiJd

Toward an Open and Innovative Internet: What Lies Behind Canada’s Net Neutrality Success Story

Today is net neutrality day of action in the United States, a day of advocacy and awareness that brings together hundreds of leading Internet companies and public interest groups. It is an important reminder that the principle of an open, neutral Internet is under threat there due to dramatic shifts in policy driven by the Trump Administration and changes at the Federal Communications Commission. While U.S. rules undoubtedly have an impact on Canada – the viability of new innovative Internet businesses that might enter the Canadian market is linked to rules that ensure that Internet providers do not use their privileged position to favour some applications and services over others – the political and regulatory situation between the two countries is dramatically different.

The Liberal government has been a staunch supporter of net neutrality, regularly citing its importance. For example, Budget 2017 referenced the need to “benefit from an open and innovative Internet” and Innovation, Science and Economic Development Minister Navdeep Bains has emphasized the value of an open Internet in discussing telecom policy. When the Province of Quebec’s unveiled plans to mandate blocking of unlicensed gambling websites, Canadian Heritage Minister Melanie Joly responded by focusing on the need for net neutrality and the equal treatment of Internet content.

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July 12, 2017 3 comments News
Twitter's Periscope App TODAY Show NBC by Anthony Quintano (CC BY 2.0) https://flic.kr/p/rN43Pw

Why Violating Net Neutrality is not a Smart Way to Promote Canadian Content

In the aftermath of last month’s CRTC’s zero rating decision, there have been several pieces in the Globe and Mail raising the possibility that Canadian cultural policy might benefit from zero rating Cancon. In other words, rather than rely on net neutrality rules (including restrictions on zero rating) to ensure that Canadian content benefits from a level playing field, perhaps it would be even better to tilt the rules in favour of Cancon by mandating that domestic content not count against monthly data caps.

The issue was raised during the CRTC zero rating hearing as Canadian Media Producers Association argued that:

the Commission should be open to considering ways in which differential pricing practices related to Internet data plans could be used to promote the discoverability of and consumer access to Canadian programming.

The CRTC rejected the argument, concluding that “any benefits to the Canadian broadcasting system would generally not be sufficient to justify the preference, discrimination, and/or disadvantage created by such practices.” In response, anti-net neutrality advocate Roslyn Layton argued that Canada should exempt Canadian content from data charges, an idea picked up by Kate Taylor and Robert Everett-Green.

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May 31, 2017 6 comments News