Columns

Canadian Broadcasters and BDUs: Can They Compete With “Free”?

Earlier this month, Bell and Quebecor, two giants in the Canadian broadcasting and telecom landscape, became embroiled in a dispute over Sun News Network, the recently launched all-news network. At first glance, the dispute appeared to be little more than a typical commercial fight over how much Bell should pay to Quebecor to carry the Sun News Network on its satellite television package. When the parties were unable to reach agreement, Bell removed Sun News Network, leaving a placeholder message indicating “the channel has been taken down at the request of the owners of Sun News Network.”

While the dispute is now before the Canadian Radio-television and Telecommunications Commission – Quebecor claims Bell is violating the legal requirement against “undue preferences”- more interesting is Bell’s claim about the value of Sun News Network signal.

According to Mirko Bibic, senior vice-president of regulatory affairs at Bell Canada, the market value of Sun News Network is zero because Quebecor makes the signal available free over-the-air in Toronto and is currently streaming it free on the Internet. Given the free access, Bell maintains that the signal no longer has a market value.

My weekly technology law column (Toronto Star version, homepage version) notes Bibic’s comment may be posturing for negotiation purposes, but it highlights the larger problem for Canadian broadcasters and broadcast distributors such as cable and satellite providers.

May 24, 2011 — 33 comments — Columns

Web Surveillance Legislation Requires Study, Not Speed

With the new Parliamentary session scheduled to kick off within the next few weeks, two major initiatives will dominate the initial legislative agenda: passing a budget and introducing an omnibus crime bill that contains at least 11 crime-related bills. My weekly technology law column (Toronto Star version, homepage version) notes the prioritization of the crime legislation is consistent with the Conservative election platform, which included a commitment to bundle all the outstanding crime and justice bills into a single omnibus bill and to pass it within the new Parliament’s first 100 days.

The Conservatives argue that the omnibus approach is needed since the opposition parties “obstructed” passage of their crime and justice reforms during successive minority governments. Yet included within the crime bill package is likely to be legislation creating new surveillance requirements and police powers that has never received extensive debate on the floor of the House of Commons and never been the subject of committee hearings.

The package is benignly nicknamed “lawful access,” but isn’t benign. If the Conservatives move forward with their complete lawful access package, it would feature a three-pronged approach focused on information disclosure, mandated surveillance technologies, and new police powers.

May 20, 2011 — 32 comments — Columns

Conservative Majority Gives Ottawa A Crack At Breaking The Digital Logjam

My weekly technology column (Toronto Star version, homepage version) reviews many of the points raised in a blog post last week on the future of digital policies in Canada given the majority Conservative government. It is hard to project precisely what will happen; given the number of open cabinet positions it is not known whether Industry Minister Tony Clement and Canadian Heritage Minister James Moore will remain in their portfolios or move elsewhere. If they stay the course, the Conservative digital policies are strong in a number of areas.

May 10, 2011 — 10 comments — Columns

Apple and Sony Privacy Woes Point to Legal Holes

Privacy Commissioner of Canada Jennifer Stoddart generated considerable attention yesterday for a speech that calls for new powers to allow for “significant, attention-getting fines” in light of the Sony PlayStation Network security breach. The speech was similar to one delivered in January, when Stoddart put order making power, fines, and naming names squarely on the table I wrote about the speech here).

My weekly technology law column (Toronto Star version, homepage version) notes that privacy officials have long warned about unseen consumer privacy risks, yet the issue has rarely generated significant political attention in Canada with potential reforms languishing for years without action. Recent high profile privacy incidents involving two of the world’s most popular consumer electronic companies – Apple and Sony – could help change that as millions of Canadians awaken to the privacy risks associated with undisclosed tracking and security breaches.

May 5, 2011 — 9 comments — Columns

Election 2011: The Digital Policy Surprises

Digital policies may not have played a starring role in the current election campaign, but neither have they been ignored. My weekly technology law column (Toronto Star version, homepage version) notes that for the first time, all major political parties have devoted a section of their platform to digital issues and both the Liberals and New Democrats ran events focused on digital policy. While there is general agreement on the key issues – topping the list are Internet access and pricing, telecom competition, copyright, and the privacy-security balance – each party offers a surprise that gives some insight into its digital policy priorities.

April 26, 2011 — 20 comments — Columns