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How Canada Can Put Digital Consumers First

Reports over the past week have indicated that the government plans to unveil a “consumer first” agenda for its upcoming Speech from the Throne. The speech, which will set out the federal legislative and policy agenda for the next two years, is widely viewed as the unofficial start of the 2015 election campaign.

My weekly technology law column (Toronto Star version, homepage version) notes there is little doubt that the battle over wireless pricing, which hit a fever pitch over the summer in a very public fight between Industry Minister James Moore and the incumbent telecom companies, will figure prominently in any consumer agenda. The government is convinced that it has a winner on its hands – consumer frustration with Canada’s high wireless prices suggests that they’re right – and will continue to emphasize policies geared toward increasing competition.

Yet a consumer first agenda should involve more than just taking on the telcos on spectrum (or the airlines over their pricing practices). A digital consumer first agenda should prioritize several other issues that have similar potential to strike a chord with Canadians across the country. At the heart of those digital issues are two ongoing consumer concerns: pricing and protections.

September 25, 2013 — 11 comments — Columns

Back to the Drawing Board: What Wireless Policies Might the Government Now “Aggressively Pursue”?

Industry Canada released the names of the bidders for its forthcoming spectrum auction yesterday with the disappointing news that no major new entrants will be using the auction to enter the Canadian market. That is rightly viewed as a big win for the incumbents, who should have little trouble acquiring the spectrum they want in the upcoming auction and will not face any new competition from deep-pocketed global wireless players. Instead, despite the persistent efforts of the federal government to convince new competitors to enter the market, the Big 3 will continue to dominate Canadian wireless services for the foreseeable future. With prices high by global standards and mobile broadband penetration lagging compared to other countries (an ITU study released over the weekend ranked Canada 32nd worldwide for mobile broadband penetration), consumers are the immediate and obvious loser for the moment.

Yet the incumbent victory did not come easily, coming at the cost of a scorched-earth public relations war with the federal government that the incumbents are already trying to downplay. However, having failed to address market concerns through new competitors, it may now fall to the government to shake things up through increased regulation. There are no shortage of options, with two big steps (the consumer wireless code that limits contract length and potential CRTC regulation of wireless roaming pricing) already underway. After yesterday’s release, Industry Minister Moore stated that “in addition to this auction, our Government will continue to aggressively pursue policies that ensure consumer interests are at the core of all Government decisions.”

What policies might Minister Moore have in mind?

September 24, 2013 — 7 comments — News

Rogers Tries to Distance Itself From Spectrum Battle But It Can’t Run From its Record

The Globe and Mail reports that Rogers Communications is trying to distance itself from this summer’s spectrum auction/Verizon battle. Edward Rogers apparently told an investor conference: “It’s been like watching a bit of a soap opera. Rogers has tried to be not as engaged in the dramatics of it and […]

September 19, 2013 — 7 comments — News

Canada Complicit in Undermining Internet Privacy

As the tidal wave of disclosures on widespread U.S. surveillance continues – there is now little doubt that the U.S. government has spent billions creating a surveillance infrastructure that covers virtually all Internet and wireless communications – the question of Canada’s role in these initiatives remains largely shrouded in secrecy.

The Canadian government has said little, but numerous reports suggest that agencies such as the Communications Security Establishment Canada (the CSE is the Canadian counterpart to the U.S. National Security Agency) are engaged in similar kinds of surveillance. This includes capturing metadata of Internet and wireless communications and working actively with foreign intelligence agencies to swap information obtained through the data mining of Internet-based surveillance.

My weekly technology law column (Toronto Star version, homepage version) notes the active connection between Canadian and U.S. officials moved to the forefront last week with reports that Canadian officials may have played a starring role in facilitating U.S. efforts to create a “backdoor” to widely used encryption standards. That initiative has been described as “undermining the very fabric of the Internet.”

September 17, 2013 — 8 comments — Columns

UBC Sets the Record Straight on University Spending on Copyright Materials

UBC President Stephen Toope has written an important letter responding to criticism from the Writers’ Union of Canada over his university’s reliance on fair dealing. Consistent with many universities across the country, UBC has moved away from the Access Copyright licence, focusing instead on a combination of fair dealing, open access, and site licences. The Toope letter notes how much the university community still pays for copyright materials and how little course pack sales are in relationship to overall spending:

UBC pays in the neighbourhood of $25 million to publishers and authors every year. In fiscal 2011/12, UBC spent approximately $2 million on book acquisitions, $2 million on print serials, and $10 million on digitally licensed subscriptions for students and faculty to access through its library system. UBC also sold approximately $14 million of books directly to students and faculty (for which UBC paid publishers about $10 million). In the same period, total course pack sales were about $1 million, less than 4% of the total spent on learning materials. Responsive to the needs of today’s students, UBC’s faculty members are increasingly utilizing online modes of content delivery, which means that course pack production volumes will form an even smaller percentage over time.

September 16, 2013 — Comments are Disabled — News