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Nowak on CRTC Communications Report

Peter Nowak takes the CRTC to task on its new Communications Monitoring Report, particularly its conclusion that Canada is a leader on broadband download speeds.

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August 3, 2011 Comments are Disabled News

Government Launches Anti-Spam Site

The federal government has launched a new anti-spam site at FightSpam.gc.ca. The site will grow once new anti-spam law regulations take effect.

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August 3, 2011 2 comments News

Ontario Court Grapples With Legalities of Anonymous Online Postings

The Internet has given rise to thousands of online chat forums, where participants can sound off on the issues of the day often shielded by the cloak of anonymity. Anonymous speech can be empowering – whistleblowers depend upon it to safeguard their identity and political participants in some countries face severe repercussions if they speak out publicly – but it also carries the danger of posts that cross the line into defamation without appropriate accountability.

My weekly technology law column (Toronto Star version, homepage version) notes that striking the balance between protecting anonymous free speech on the one hand and applying defamation laws on the other sits at the heart of a new Ontario Superior Court decision released last week. The case involved postings about Phyllis Morris, the former mayor of Aurora.

In 2010, the website auroracitizen.ca featured an online chat forum where participants discussed a local election campaign. Morris, who was defeated in the election, launched a legal action during the campaign against the site, the chat forum moderators, its lawyers, and website host to order them to disclose the identity of three anonymous posters.  Morris did not identify the specific defamatory words, but claimed that six posts were defamatory.

The court was therefore not asked to determine whether the posts at issue were in fact defamatory. Rather, it simply faced the question of whether it should order the disclosure of personal information about the posters themselves so that Morris could proceed with a defamation lawsuit.

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August 3, 2011 38 comments Columns

The Access Copyright Interim Tariff Opt-Out List

This week’s FAQ post on universities opting-out of the Access Copyright interim tariff generated several requests for a list of the schools that have either already opted-out or plan to do effective September 1st.  One reader passed along the following list, which may not be fully comprehensive, so additions or […]

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July 29, 2011 23 comments News

What Does a Gigabyte Cost, Revisited

Earlier this year, I wrote a report and a blog post that attempted to estimate the cost for Canadian ISPs to transport a gigabyte of data. While there is nothing magical about a gigabyte, since overage charges typically levy by the gigabyte, it is useful to link actual costs with consumer costs that can reach as much as $10 per gigabyte. In fact, this data is likely to become increasingly important as the wholesale usage based billing battle has shifted toward a cost-based approach.

Unfortunately, there is little reliable information on actual costs with ISPs typically claiming that such information is a trade secret that should be kept confidential. My report noted that there are two elements to the actual costs. One is the Internet-facing data costs, which arise once a user’s traffic travels onto the public Internet. This cost is very low, estimated in the report at about one cent per GB and falling. This is consistent with public transit arrangement pricing and is likely even cheaper for large ISPs that use peering arrangements to cover off most actual costs.

The more difficult calculation involves the internal ISP network leading to the public Internet. As CRTC Commissioner Candice Molnar noted during the usage based billing hearing, “we all, I think, can hopefully agree that there is no marginal cost to using the network when you are not causing augmentation.” While there are no marginal costs, there is a capital cost of building the network and ongoing maintenance and augmentation costs when congestion arises due to traffic growth. My report used Bell’s data in the deferral account case (one of the only ones to put information on the public record) to estimate that seven cents per gigabyte (for a total of eight cents) was a best guess among a range of possibilities.

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July 29, 2011 46 comments News