Columns

Business Takes Sides in Net Neutrality Debate

My weekly technology law column (Toronto Star version, homepage version) looks at how the business community has begun to take sides in the net neutrality debate. Google led the charge with a submission to the CRTC in which it left little doubt about how it views the net neutrality issue. The Internet search giant argued that "providers of broadband internet access services, including Bell, should be prohibited from throttling lawful applications. The Internet is simply too important to allow them to act as such a gatekeeper; the Internet's myriad benefits can only be fully realized when Canadian carriers allow end users to choose the applications and content they prefer."

While Google's entry into the debate captured headlines, they were by no means alone. The Canadian Advanced Technology Alliance, Canada's largest high-tech association, warned that "the measures that Bell Canada is applying to manage the traffic of its Sympatico customers as well as its wholesale ISP customers is interfering with the ability of end-users to telecommute and/or work from their home offices and hindering our members from running their business and providing quick customer services." Bell's actions also attracted the attention of Skype, the popular Internet telephony service. It cautioned that "for the Internet to remain innovative, and continue to deliver productivity gains for consumers and businesses, the CRTC must act – in this proceeding – to protect the interests of consumers."

July 14, 2008 — 9 comments — Columns

Canadians Face Triple Lock on Apple iPhone

Amid rumours that Apple is scaling back on its delivery of the iPhone to Rogers, my weekly technology law column (Toronto Star version, homepage version) focuses on the Canadian debut this week of the Apple iPhone. The arrival of a Canadian iPhone is expected to generate long lines at Rogers Wireless stores, though the pre-launch publicity has not been particularly smooth for the company. Its announcement of iPhone service pricing set off a wave of online protest, as consumers noted the absence of an unlimited data plan, higher prices, and longer contractual commitments. The Rogers offer is not particularly surprising. Canada ranks toward the very bottom among developed countries for cellphone penetration as the lack of competition leaves Canadians with some of the highest prices for wireless services in the world. Indeed, Rogers has a monopoly on the iPhone since it is the only Canadian carrier currently capable of carrying the device.

Most of the public criticism has focused on the uncompetitive data rates that render it difficult to maximize the iPhone’s potential. Yet the bigger story is how the Canadian version of the device features a triple lock that is the result of onerous contracts, technological locks, and a legislative proposal from Industry Minister Jim Prentice that simultaneously locks consumers in, while locking the competition out.

July 7, 2008 — 26 comments — Columns

CIRA’s Backdoor Access in New WHOIS Policy

My weekly technology law column (Toronto Star version, Ottawa Citizen version, homepage version) revisits the disappointment with CIRA's implementation of its new whois policy. While dot-ca registrants across the country were being advised of the new policy last April, special interests representing law enforcement and trademark holders were quietly pressuring […]

July 1, 2008 — 4 comments — Columns

The Spectrum Surplus

Each week millions of Canadians buy lottery tickets as they "imagine the freedom" of hitting it big. My weekly technology law column (Toronto Star version, homepage version) notes that while the federal government may not have won the lottery, it has certainly hit the jackpot with the wireless spectrum auction that is now in its final stages. The auction was expected to yield roughly $1.5 billion for the federal treasury, yet it may now top $4 billion as the bids have far exceeded initial estimates. That represents a huge windfall for the federal government as an extra $2.5 billion does not come around every day.

The surplus revenues do more than just conclusively rebut the claims of the big three wireless providers (Bell, Rogers, Telus) who aggressively lobbied against a "set aside" that reserved some spectrum for new entrants on the grounds that it would reduce auction revenues. As telecom consultant Mark Goldberg noted earlier this month, the auction's success also raises the important question of what to do with the money.

The immediate response from Ottawa is likely to be that the 2008 Federal Budget earmarked the spectrum auction proceeds to debt reduction. However, that promise was made when $1.5 billion was expected to be on the table. With nearly triple that amount at stake, the government could fulfill its commitment to allocate the expected revenues to debt reduction and simultaneously use the surplus proceeds for purposes more directly connected to the issues of wireless, the Internet, and communications in Canada.

At least three possibilities come immediately to mind.

June 23, 2008 — 9 comments — Columns