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iPhone TV by Wesley Fryer (CC BY-SA 2.0) https://flic.kr/p/98ZUNZ

Federal Court of Appeal Upholds CRTC Ruling That Bell Mobile TV Service Violated Telecom Law

In the fall of 2013, Ben Klass, a graduate student in telecommunications, filed a complaint with the CRTC over how Bell approach to its Mobile TV product. Klass noted that Bell was offering a $5 per month mobile TV service that allowed users to watch dozens of Bell-owned or licensed television channels for ten hours without affecting their data cap. By comparison, users accessing the same online video through a third-party service such as Netflix would be on the hook for a far more expensive data plan since all of the data usage would count against their monthly cap.

In January 2015, the CRTC released its decision in the case, siding with Klass. The Commission expressed concern that the service “may end up inhibiting the introduction and growth of other mobile TV services accessed over the Internet, which reduces innovation and consumer choice.”  While Bell argued that the mobile TV service was subject to broadcast rather than telecom regulation, the CRTC ruled that mobile television services effectively invoked both broadcast and telecom regulation, since a data connection was required to access the service.

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June 21, 2016 Comments are Disabled News
TPP townhall by @CommerceCanada https://twitter.com/CommerceCanada/status/743239245188435968

Democracy in Action: Reflecting on the Toronto TPP Town Hall

Yesterday I had the pleasure of appearing as a panelist at the government’s town hall meeting in Toronto on the Trans Pacific Partnership. The town hall, held in a packed auditorium at the University of Toronto, featured International Trade Minister Chrystia Freeland (in listening mode) along with three panelists (myself, C. D. Howe’s Daniel Schwanen, and Unifor’s Jerry Dias) and moderator Dan Breznitz of the Munk School.

It is easy to become cynical about the government’s emphasis on public consultations. They are happening everywhere – innovation, digital CanCon, TPP, and soon copyright to name a few. But to attend yesterday’s TPP town hall was to witness the remarkable passion and enthusiasm for public engagement on critical public policy issues. The event ran nearly 2 1/2 hours with dozens of speakers from an incredible range of ages, backgrounds, and interests. There were librarians and archivists focused on copyright term extension and digital locks; several doctors spoke to the impact of the TPP on public health and access to medicines, food experts highlighted the dangers associated with food security, environmental activists focused on the TPP and climate change, and speakers of all ages (including a 92 year old woman) expressed concern with the investor-state dispute resolution provisions. Some speakers quoted from Freeland’s book on plutocrats to note the inconsistency between the TPP and the Minister’s prior writing. An aboriginal student nearly broke down speaking about the need to consult first nations, bringing the room to its feet.

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June 16, 2016 10 comments News
Bell by Mike Schaffner (CC BY-NC-ND 2.0) https://flic.kr/p/g4EcLg

Why the Privacy Commissioner Doesn’t Need Legal Reforms To Require Transparency Reports

Privacy Commissioner of Canada Daniel Therrien was in the news this week as he expressed concern with the evasiveness of Canada’s spy agencies and the ongoing refusal of some of Canada’s telecom companies (namely Bell) to issue transparency reports. I’ll have more to say about privacy and government agencies in my technology law column next week, but on the issue of telecom transparency reports, I believe that Therrien already has the necessary legal mandate to act now. Therrien urged all telecom companies to release transparency reports, noting:

“I think Canadians are telling us, first of all, that they would much prefer that data be shared from telcos to government only with a warrant, with a court authorization. But when that does not happen, Canadians expect that there be transparency…frankly, if there’s not more progress I will continue to call for legislation on this issue.”

I wrote about why Canada’s telecom transparency reporting still falls short late last month, emphasizing that a non-binding approach to transparency reporting has been a failure.

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June 10, 2016 4 comments News
Canada Copyright Board: Challenges & Opportunities #copycon2015 panel by Giulia Forsythe (CC BY 2.0) https://flic.kr/p/z73WDe

Former Copyright Board Chair Vancise Takes Aim at the Board Critics

The Honourable William Vancise, the former Chair of the Copyright Board of Canada, recently delivered a combative (and entertaining) speech at an ALAI conference in which he took the critics of the board head on. Although the conference was focused on the future of the Copyright Board, many lawyers who regularly appear before the board seemed reluctant to air their concerns in public. Instead, it fell to Vancise to liven the proceedings. The board has posted the speech online and it is well worth a read. I was in the audience and came in for criticism for this 2013 article titled It’s Time to Admit the Copyright Board is Broken.

Vancise reserved his strongest criticism for Music Canada and its lobbying campaign against Tariff 8:

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June 9, 2016 1 comment News
TIFF by Trish Thornton (CC BY-NC-ND 2.0) https://flic.kr/p/pb25Bb

The TPP’s Impact on Canadian Culture Emerging as Political Issue

Earlier this year, I posted on the cultural implications of the TPP, noting that the agreement represents a departure from trade deals by creating restrictions on Canadian cultural policy. Assuming services such as Netflix argue that any mandated Cancon contribution is discriminatory if they do not also receive the benefits accorded to established broadcasters or broadcast distributors, the TPP will effectively ban applying Cancon contributions to exempt entities.

Now it appears that the implications of the TPP for Canadian cultural policy are beginning to attract attention. Question period in the House of Commons featured the following exchange this week:

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June 8, 2016 6 comments News