Columns

Why Are Consumers Missing from the CRTC’s Online Video Ruling?

My weekly technology column (Toronto Star version, homepage version) notes that earlier this year, the Canadian Radio-Television and Telecommunications Commission launched a consultation into the policy implications of increasingly popular Internet-based video services such as Netflix. The consultation was the CRTC’s response to broadcaster and cultural groups including Bell Media, Astral Media, ACTRA, the Canadian Media Production Association, and SOCAN, who formed the Online Broadcasting Working Group to urge it to step up to the regulatory plate.

While many feared the CRTC would jump at the chance for new Internet regulation, last week it surprised observers by rightly concluding that its consultation generated plenty of rhetoric about the dangers of an unregulated over-the-top video services market, but no evidence of real harm. Given the lack of evidence and the absence of entry barriers for Canadian companies to establish their own competitive offerings, the CRTC decided to open a “watching brief” with the promise to revisit the issue in another fact-finding exercise next year. The CRTC decision concluded “it is best to allow the over-the-top market to continue evolving, better measurement tools to emerge and entities that contribute to the policy objectives of the Act to take advantage of the many opportunities in this new environment.”

This is close to what I suggested might happen back in July, when I noted “given the lack of actual evidence – this has been a fear-finding exercise rather than a fact-finding one – the CRTC should surely label this a watching brief and wait until 2014.” There is a big difference between waiting until the next scheduled new media review in 2014 and kick-starting another examination of the issue next May, however. The CRTC message to the Online Broadcasting Working Group is “if at first you don’t succeed, try, try again.” By opening the door to two reviews in the span of a one-year period, the Commission hold on new Internet regulation may only be a temporary reprieve.

October 11, 2011 — 8 comments — Columns

Hurt Locker File Sharing Lawsuits Put the Hurt on Everyone

File sharing lawsuits involving the movie the Hurt Locker have been big news in the United States for months as tens of thousands of lawsuits have been filed against individuals alleged to have illegally downloaded the movie. The lawsuits have now made their way into Canada as the Federal Court of Canada has ordered the identification of subscribers at Bell Canada, Cogeco, and Videotron who face similar copyright infringement claims.

Late last month the court ordered the three ISPs to disclose the names and addresses of subscribers linked to IP addresses alleged to have copied the movie. The ISPs complied last week as lawyers for the Hurt Locker copyright owner moved to have their case treated as a “specially managed proceeding” that would put the case on a rocket docket.

My weekly technology law column (Toronto Star version, homepage version) argues the lawsuits hurt seemingly everyone.

September 19, 2011 — 67 comments — Columns

Digital Issues Largely Missing From Ontario Election Campaign

The Ontario election campaign kicked off last week with the Liberals, Progressive Conservatives, and NDP promoting their policy platforms and quickly jumping into debates on the economy, health care and education. While the dominance of those three issues is unsurprising, my weekly technology law column (Toronto Star version, homepage version) notes those Ontarians hoping for some discussion of digital policy were bound to be a bit disappointed.

The Liberal platform references the importance of jobs in the technology and media sectors, but offers little else on the digital economy. The Progressive Conservatives are the only party to make a commitment to open government – their platform follows developments in many other jurisdictions that pledge to make government data more readily available for public use – but other digital issues are ignored. The NDP makes no reference to digital policies at all.

The federal government tends to lead on digital policies, though its much-anticipated digital economy strategy is months overdue. Yet for constitutional reasons that grant the provinces jurisdiction over property and civil rights, many important issues fall to the provinces.

September 13, 2011 — 11 comments — Columns

New Wikileaks Docs Show Ex-Minister Bernier Offered To Leak Copyright Bill to U.S.

Copyright, U.S. lobbying, and the stunning backroom Canadian response gets front page news treatment today as the Toronto Star runs my story on new revelations on copyright from the U.S. cables released by Wikileaks. The cables reveal that former Industry Minister Maxime Bernier raised the possibility of leaking the copyright bill to U.S. officials before it was to be tabled it in the House of Commons, former Industry Minister Tony Clement’s director of policy Zoe Addington encouraged the U.S. to pressure Canada by elevating it on a piracy watch list, Privy Council Office official Ailish Johnson disclosed the content of ministerial mandate letters, and former RCMP national coordinator for intellectual property crime Andris Zarins advised the U.S. that the government was working on a separate intellectual property enforcement bill.

The disclosures are particularly relevant since Parliament is set to resume in several weeks with the reintroduction of a copyright reform bill slated to be one of the government’s top priorities. The bill is expected to mirror Bill C-32, the previous copyright package that died with the election in the spring.

September 3, 2011 — 42 comments — Columns

Questions Abound As Digital TV Transition Deadline Arrives

Canada was scheduled to complete the digital television transition today, with stations switching their over-the-air broadcast signals from analog to digital. The transition represented a tremendous opportunity to advance the Canadian digital agenda leading to higher quality digital over-the-air broadcasts, freed-up spectrum that could be used to facilitate greater telecom competition, and the promise of billions in new revenues to fund a national digital strategy.

Yet despite the promise of the transition, my weekly technology law column (Toronto Star version, homepage version) argues the near-total absence of policy and political leadership has led to a digital disappointment. Some broadcasters will complete the transition on time, but the CBC has been granted a one-year delay. There has been minimal publicity about the change, which may leave some Canadians without television access by the end of the week. To make matters worse, the government has thus far failed to articulate a policy on how the freed-up spectrum will be auctioned and how the revenues will be allocated.

August 31, 2011 — 10 comments — Columns