Appeared in the Toronto Star on October 12, 2013 as The Great Canadian Personal Data Grab The Royal Bank of Canada updated its mobile application for Android users earlier this month. Like many banking apps, the RBC version allows users to view account balances, pay bills, and find bank branches […]
Articles by: Michael Geist
Government to Mandate “Pick-and-Pay” Pricing Option for Television Services
The government’s Speech from the Throne is set for this Wednesday with a “consumer first” agenda reportedly a focal point of the upcoming legislative agenda. Industry Minister James Moore discussed the speech over the weekend, pointing to a range of targets including wireless competition, wireless roaming fees, and the bundling of television channels that forces millions of consumers to purchase channels they do not want. Moore says that the government will require cable and satellite providers to offer a pick-and-pay option to consumers, though it is not clear which legislative tool they will use to do so. I wrote about the forthcoming throne speech last month, pointing to pick-and-pay services as a potential policy reform.
I also wrote about the benefits of a pick-and-pay system last year, arguing that the “broadcast community has long resisted a market-oriented approach that would allow consumers to exercise real choice in their cable and satellite packages, instead demanding a corporate welfare regulatory framework that guarantees big profits and mediocre programming.” This is particularly true of Bell Media, Canada’s largest media company that has been among the most vocal in opposing consumer choice. In a hearing before the CRTC that focused on consumer choice, Bell said that “we are dreadfully fearful of a penetration decline that would wipe out revenues that are necessary to support the obligations of these services.” It reiterated its opposition when asked directly, claiming “there will be a potentially dramatic penetration drop, and hence volume drop and hence revenue drop, as repackaging moves along the continuum to, you know, set packaging all the way to standalone.”
Government Launches Consultation on Rules for ISP Notice-and-Notice System Amid Shift in Priorities
Industry Canada and Canadian Heritage launched a consultation yesterday on the rules associated with the Internet service provider notice-and-notice system that was established in Bill C-11, the copyright reform bill enacted in June 2012. Responses to the consultation are due by November 8, 2013. Most of the bill took effect in November 2012, but the government delayed implementation of the ISP rules, with expectation of a consultation and regulations to follow. It has taken nearly a full year, but the consultation was sent to undisclosed stakeholders with the promise to bring the notice-and-notice system into effect “in the near future.”
The notice-and-notice system allows copyright owners to send infringement notices to ISPs, who will be legally required to forward the notification to their subscribers. If an ISP fails to forward the notifications, it must explain why or face the prospect of damages that run as high as $10,000. ISPs must also retain information on the subscriber for six months (or 12 months if court proceedings are launched). Copyright owners may also send notifications to search engines, who must remove content that has been removed from the original source within 30 days. The notices must meet a prescribed form that includes details on the sender, the copyright works and the alleged infringement.
Despite some expectation that the consultation would place several issues on the table – form issues for notices, data retention, and costs for notices among them – the language used in the consultation letter suggests that the government is likely to simply bring the rules as articulated in the law into effect with no further regulations at all. It states:
noticeoriginalconsult
noticeandnoticeoriginalconsult.pdf
Noticeconsultationletter
Consultation Letter – lettre de consultation.pdf






