Telecom by yum9me (CC BY-NC-ND 2.0) https://flic.kr/p/53jSy4

Telecom by yum9me (CC BY-NC-ND 2.0) https://flic.kr/p/53jSy4

Telecom

boycott by Martin Abegglen (CC BY-SA 2.0) https://flic.kr/p/4L7rjh

Boycott: What If The CRTC Launched a Consumer Internet Code and Consumer Groups Refused to Participate in its Development?

Last month, the CRTC announced plans to create an Internet Code of Conduct. The CRTC promised that the code would establish “consumer friendly business practices, provide consumers with easy-to-understand contracts, ensure consumers have tools to avoid bill shock, and make it easier for consumers to switch providers.” The code attracted some initial criticism due to the wide range of exclusions – everything from net neutrality to privacy to broadband speeds falls outside its scope – but in recent days an even bigger concern has emerged with several leading Canadian consumer groups actively boycotting the proceeding.

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December 4, 2018 6 comments News
Ramdlon CC0 Creative Commons https://pixabay.com/en/legal-illegal-choose-choice-1143114/

Canadian Government Banning Settlement Demands in Copyright Notice-and-Notice System

The Canadian government has unveiled its long-awaited plan to fix abuses with copyright’s notice-and-notice system as part of Bill C-86, its Budget Implementation Act. Last spring, Innovation, Science and Economic Development Minister Navdeep Bains released an IP strategy that promised safeguards against intellectual property abuse, particularly use of copyright notices to send settlement demands to Internet users. The Canadian notice-and-notice system was formalized in 2012 to allow rights holders to forward allegations of online copyright infringement to internet users through their internet service provider. The system was viewed as a win-win approach since it promised to deter infringement through education rather than legal threats. Yet within hours of taking effect, anti-piracy companies began sending notices that included settlement demands backed by threats of litigation.

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October 30, 2018 16 comments News
Application Denied by GotCredit (CC BY 2.0) GotCredit.com

Application Denied: CRTC Rejects Bell Coalition Website Blocking Proposal

The CRTC this morning rejected the Bell coalition’s website blocking proposal, concluding that the application to establish a new anti-piracy agency and approve site blocking without court oversight falls outside its jurisdiction. Opponents of the site blocking proposal frequently cited concerns with the proposal and the limits of the CRTC’s mandate: my posts discussed how it failed to further and undermined the Telecommunications Act policy objectives, and was inconsistent with the CRTC’s policy direction. Similar comments came from groups such as ISOC Canada, which argued that the applications involved copyright, not telecommunications.

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October 2, 2018 6 comments News
Montréal, QC (Maison Radio-Canada) by JasonParis (CC BY 2.0) https://flic.kr/p/9NmGLZ

The Internet is not an ATM: My Appearance at the Senate Transport and Communications Committee on Broadcast and Telecom Reform

Earlier this week, I appeared before the Senate Standing Committee on Transportation and Communications alongside Carleton professor Dwayne Winseck to discuss broadcast and telecom reform. The Senate study, which largely mirrors the government’s broadcast and telecommunications reform panel, is expected to run into 2019 with a broad mandate that covers everything from affordable access to net neutrality. The discussion was similarly wide ranging with discussion on the failings of the CRTC, the lack of telecom competition, and on the need for real data in assessing the impact of the Internet on the cultural sector.

My opening statement focused on the danger of treating the Internet as equivalent to the broadcast system, the realities of how the Canadian cultural sector is succeeding online, and how policy makers ought to respond the changing landscape for communications in Canada. It is posted below.

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September 21, 2018 7 comments News
Facebook Copyright by Bernard Goldbach https://flic.kr/p/a5K9eE (CC BY 2.0)

Supreme Court of Canada on Copyright Notices: Identification of IP Address “Not Conclusive of Guilt”

The initial emphasis on last week’s Supreme Court of Canada’s copyright notice decision has focused on how Internet providers can pass along the specific costs associated with subscriber disclosures beyond those required for the notice-and-notice system to rights holders. The ruling rightly restores the notice system back to its intended approach, but it is not the only takeaway with implications for the recent flurry of file sharing lawsuits. While there has been a huge number of claims filed in Canada (with some surprisingly large settlements), the Supreme Court acknowledged important limitations in notice claims, noting that merely being associated with an IP address is not conclusive of guilt.

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September 18, 2018 10 comments News