News

Secret by Nathan Rupert (CC BY-NC-ND 2.0) https://flic.kr/p/dcmDEG

Why the Government’s ATI Reform Bill is a Promise Broken: Proactive Disclosure ≠ Access to Information

When political parties find themselves in opposition, promising to fix the access to information system invariably seems like a good idea. The public is often skeptical about whether the government is transparent and when combined with a woefully outdated Access to Information Act, reform provides a ripe target. Stephen Harper’s Conservatives promised a long list of access to information reforms before taking power, most of which were never acted upon. Justin Trudeau’s Liberals made similar promises when in opposition, unveiling a 32-point plan in June 2015 that pledged a fair and open government backed by access to information reform.

The government introduced Bill C-58 yesterday, the bill promoted as fulfilling its commitment on access to information reform. Discouragingly, it fails to do so. The bill does include some notable improvements, including implementing order making power for the Information Commissioner and establishing a requirement to justify, with written reasons, why information is redacted. However, the bill does not live up to the campaign promise nor does it fully address longstanding concerns with the law.

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June 20, 2017 — 2 comments — News
Doublespeak [Explore] by Kat Northern Lights Man (CC BY-NC 2.0) https://flic.kr/p/ekXjym

Saving Private Media: The Good, the Bad, and the Terrible From the Latest Canadian Proposals

Canadian Heritage Minister Melanie Joly does not plan to release her digital culture policy plan until September, but the pressure to address the financial challenges faced by media organizations increased last week with the Standing Committee on Canadian Heritage report (the same report that recommended an Internet tax that was swiftly rejected by Prime Minister Trudeau) and a proposal from News Media Canada that seeks hundreds of millions in annual government support. The recommendations don’t end there: copyright reform, tax changes, and amendments to government advertising policies are all part of the proposals to provide support to Canadian media organizations.

Andrew Coyne’s must-read column persuasively argues against a media bailout, noting the dangers of permanent government funding of an otherwise independent media. He rightly argues that if funding is established, it isn’t going away as government will be reluctant to allow funded media organizations to fail.  Further, Ken Whyte, former editor-in-chief of the National Post, openly acknowledges in a Twitter stream the constraints that come from criticizing government when funding or regulation is at stake.

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June 19, 2017 — 6 comments — News
No Internet Connection by ben dalton (CC BY-SA 2.0) https://flic.kr/p/4xG9eW

Against Affordable Access: Why the Heritage Committee Plan for an Internet Tax is Terrible Policy

The Standing Committee on Canadian Heritage is reportedly set to release its much-anticipated study on the future of media today with a recommendation for a new 5% tax on broadband services to fund Canadian media and the creation of Cancon. The Globe reports that the Conservative MPs on the committee oppose the recommendation. I raised concerns about the possibility of new digital taxes last fall, fearing that Canadian Heritage Minister Melanie Joly would implement them as part of her review of Cancon in a digital world and noting that the Ontario government appeared supportive of the approach. Joly has yet to outline her plans which are scheduled for release in September, but has refused to rule out Internet taxes and regulation. I will update this post once the full report is released, but based on the Globe report it must be stated that an Internet tax to fund Canadian content is a terrible policy choice with exceptionally harmful effects on the poorest and most vulnerable households in Canada.

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June 15, 2017 — 9 comments — News
Blais at MIT, InternetPolicy@MIT‏ @MIT_IPRI Apr 27, 2017, https://twitter.com/MIT_IPRI/status/857701694561452032

Putting the Internet at the Centre: Taking Stock of Jean-Pierre Blais’ Term as CRTC Chair

Barring a last minute extension, CRTC Chair Jean-Pierre Blais’ term will come to an end this week. For those new to the CRTC, it is difficult to overstate just how much changed both procedurally and substantively during his five years as chair. For some context, consider a 2006 invitation I received to participate on a panel at the Telecommunications Invitational Summit, a by-invitation-only event that brought together many in the industry for off-the-record, Chatham House Rules discussions on issues of the day. I was grateful for the invitation – I was there to defend the then-emerging issue of net neutrality – but recall being shocked walking into the venue to see senior telecom executives shooting billiards and having a drink with CRTC commissioners.

It is fair to say that those off-the-record bonding-style events between the regulator and the regulated became a thing of the past under Blais. In fact, weeks after he was named chair of the CRTC, I was called into his office in one of several meetings he had with consumer and public interest voices as his first order of business. I had a mixed history with Blais to that point (he was the lead on copyright policy at Canadian Heritage for many years), but he left no doubt that bringing a public interest voice and perspective to the CRTC was his top priority.

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June 12, 2017 — 9 comments — News
comcast_six_strikes_alert by aaron_anderer (CC BY-ND 2.0) https://flic.kr/p/dYokuc

Copyright Misuse Emerges as a Political Issue: QP Questions on Notice-and-Notice Abuse

The problems associated with Canada’s copyright notice-and-notice system have been well chronicled. The Canadian system – which was acknowledged as equivalent to the U.S. notice-and-takedown approach in the TPP – allows rights holders to send notifications alleging infringement to intermediaries who are obligated to forward the notifications to their subscribers. The intermediary does not disclose the identity of the subscriber and it falls to the rights holder to pursue further action if they so choose. Unfortunately, the failure to include regulations stipulating what may be included in a forwarded notice has led to rampant misuse of the system, with anti-piracy companies sending millions of notifications that include demands for payments over unproven allegations.

The need to fix the notice-and-notice system should be a 2017 Copyright Act review priority, though the solution lies in adopting regulations that do not require a legislative overhaul. The issue is attracting increasing attention and made its way onto the floor of the House of Commons this week as NDP MP Brian Masse directly asked Prime Minister Justin Trudeau about it:

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June 9, 2017 — 2 comments — News
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