Columns

Getting Signals Straight in the Great Wireless War of 2013

The great wireless battle of 2013 continues to unfold with Bell, Rogers, and Telus – the big three incumbents that dominate the Canadian market – calling for “fairness” in Canadian telecom policy. Ben Klass posted an exceptional response to Bell over the weekend that provided some perspective on Canadian spectrum allocation, while Peter Nowak once again took on Telus’ speaking points on the issue. My weekly technology law column (Toronto Star version, homepage version) notes that the incumbents concerns with the policy represent a notable shift, since they described it as “thoughtful and balanced” when it was unveiled by then-Industry Minister Christian Paradis in 2012. The same companies now say the rules will create a “bloodbath” since they fear the potential entry of Verizon Communications, a U.S. telecom giant with the power to shake up the Canadian market.

While the incumbents have framed the issue around fairness and a “level playing field”, the reality is that Canadian policies are strikingly similar to those found in many other countries that have sought to encourage greater competition. Moreover, the arguments around level playing fields conveniently omit the myriad of advantages enjoyed by the incumbents.

August 6, 2013 — 8 comments — Columns

Secret Surveillance Puts Internet Governance System at Risk

One year ago, many Internet users were engaged in a contentious debate over the question of who should govern the Internet. The debate pitted the current model led by a United States based organization known as the Internet Corporation for Assigned Names and Numbers (supported by the U.S.) against a government-led, United Nations-style model under which countries such as China and Russia could assert greater control over Internet governance.

The differences between the two approaches were never as stark as some portrayed since the current model grants the U.S. considerable contractual power over ICANN, but the fear of greater foreign government control over the Internet led to strong political opposition to UN involvement.

While supporters of the current model ultimately prevailed at a UN conference in Dubai last December where most Western democracies, including Canada, strongly rejected major Internet governance reforms, the issue was fundamentally about trust. Given that all governments have become more vocal about Internet matters, the debate was never over whether government would be involved, but rather about who the global Internet community trusted to lead on governance matters.

My weekly technology law column (Toronto Star version, homepage version) argues that the Internet governance choice was a relatively easy one at the time, but in recent weeks the revelations about widespread U.S. secret surveillance of the Internet may cause many to rethink their views. Starting with the first disclosures in early June about the collection of phone metadata, the past two months have been marked by a dizzying array of reports that reveal a massive U.S. surveillance infrastructure that covers the globe and seeks access to virtually all Internet-based communications.

August 2, 2013 — 4 comments — Columns

Moore’s Mission: Put the Canadian Digital Economy Back on Track

One of the headliners behind last week’s federal government cabinet shuffle was the shift of James Moore, formerly the Minister of Canadian Heritage, to Industry Canada. The Minister of Industry position holds the promise of having a significant impact on the Canadian economy, as the department is responsible for everything from competition policy to foreign investment reviews to telecommunications regulation.

Christian Paradis, now the former Industry minister, never seemed particularly interested or engaged in the portfolio. He disappeared on legislative initiatives (Moore assumed the lead over a copyright bill that was technically Paradis’ responsibility and his privacy bill never left the starting gate), allowed regulations to languish (the anti-spam regulations are years overdue), and failed to articulate an overarching vision for key sectors such as the digital economy.

While inaction might have few consequences in a smaller department, my weekly technology law column (Toronto Star version, homepage version) notes the policy failures at Industry slowly began to accumulate and emerged as a mounting problem for the broader economy. Indeed, the Prime Minister’s Office appears to have assumed control over the telecom file earlier this year, emphasizing the need for greater competition and consumer rights in a series of moves designed to welcome foreign giants such as Verizon to Canada.

Moore undeniably brings better communications skills, more energy, and experience with several of the portfolio’s most contentious issues, generating great expectations for future actions. What might Canadians expect from Industry Minister Moore?

July 23, 2013 — 7 comments — Columns

The “Miracle in Marrakesh” Provides a New Path for Digital Access

Negotiators from around the world gathered in Marrekesh, Morocco late last month for a diplomatic conference aimed at concluding a new United Nations treaty to improve access to copyrighted works for people who are blind or have other perceptual disabilities. Despite years of discussions, there was ample reason for pessimism.

My weekly technology law column (Toronto Star version, homepage version) notes the treaty talks had become bogged down in the months leading up to the conference, with large lobby groups such as the Motion Picture Association working feverishly behind the scenes to undermine it through changes to rules on digital locks and fair use.

As the deadline approached however, the majority of the world lined up behind user rights for the blind. With Canada playing an important facilitative role, the negotiators were ultimately able to craft compromise language that resulted in a new landmark treaty. More than 50 countries immediately signed on, suggesting that the treaty is well on its way to establishing new rights for the blind (20 countries must ratify it before the treaty formally takes effect).

July 17, 2013 — Comments are Disabled — Columns

Verizon Entry to Canada Could Spark Shift Toward Single North American Communications Market

Reports that U.S. telecom giant Verizon may be preparing to enter the Canadian market has sparked considerable speculation on the likely impact of a company with a market cap greater than Bell, Rogers, and Telus combined. While much of the discussion has centered on wireless pricing, my weekly technology column (Toronto Star version, homepage version) argues that the more significant development may be the shift toward a single North American communications market.

Canada and the U.S. share much of the same communications infrastructure – the same North American numbering plan (calling codes), closely aligned spectrum policies, and easy access to broadcast signals along the border – yet for decades the two systems have been separated through regulation. Foreign ownership restrictions, Canadian content requirements, and simultaneous substitution policies (which lead to the annual complaints about missing U.S. commercials during the Super Bowl) have all ensured that the two markets remain distinct.

In recent years, new technologies have slowly chipped away at the communications divide.

July 10, 2013 — 8 comments — Columns