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Credit Cards by Sean MacEntee (CC BY 2.0) https://flic.kr/p/kkUu3B

From Cell Towers to Credit Card Data: Telecom Privacy Case Reveals Scope of Police Demands for Subscriber Information

Last month, media reports covered a recently released Ontario court decision involving a Peel Regional Police warrant application for subscriber data from Telus and Rogers. The two telecom companies challenged the order, arguing that it was overbroad. The police withdrew the order in favour of a more limited request, but the court decided that the Charter issues raised by the request should still be examined.

The money quote from the judge – “the privacy rights of the tens of thousands of cell phone users is of obvious importance” – captured the attention, but the case is more interesting for the data it provides on police warrant applications for subscriber data. The case reveals that Telus received approximately 2,500 production orders and general warrants in 2013, while Rogers produced 13,800 files in response to production orders and search warrants that year.

Even more interesting is how the police were seeking access to a huge amount of subscriber information by asking for all records involving dozens of cell phone towers, including subscriber data, billing information, bank data, and credit card information.  The specifics as described by the court:

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August 14, 2014 4 comments News
The Ghost of iCraveTV?: The CRTC Asks Bell For Answers About Its Mobile TV Service in Net Neutrality Case

The Ghost of iCraveTV?: The CRTC Asks Bell For Answers About Its Mobile TV Service in Net Neutrality Case

Before there was Youtube, Hulu, Netflix, and broadcasters streaming their content on the Internet, there was iCraveTV.  iCraveTV, a Canadian-based start-up, launched in November 1999, by streaming 17 over-the-air television channels on the Internet.  The picture was small, connection speeds were slow, but the service was streaming real-time television years before it became commonplace. The company relied upon two Canadian laws to provide the service: the Copyright Act, which contains a provision permitting retransmission of broadcast signals subject to certain conditions, and the CRTC’s New Media Exemption order, which excluded new media broadcasters from regulation.

The company faced an immediate legal fight from Hollywood and broadcasters. Within months of launching, the service shut down. U.S. demands for Canadian law reform ultimately led to changes to the Copyright Act, which effectively excluded “new media retransmitters” from taking advantage of the retransmission provision.

iCraveTV is long forgotten for most Internet users, but the legal framework that ultimately emerged was invoked this week by the CRTC in Canada’s leading net neutrality case.

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August 7, 2014 5 comments News
PM Harper visits Brussels to conclude Canada-EU Trade Negotiations by Stephen Harper (CC BY-NC-ND 2.0) https://flic.kr/p/gLRSYL

Did Canada Cave on the Pharmaceutical Patent ISDS Issue in CETA?: Still No Text, But Official Comments Suggests It Did

For the second time in less than a year, Canada and the EU have announced that they reached agreement on the Canada – EU Trade Agreement.  Back in October 2013, there was an announcement of an agreement “in principle”.  The announcement did not include a release of the text and the parties said there was still further work to be done on drafting and legal analysis. Yesterday, brought another announcement of an agreement on the text. Once again, the announcement did not include a release of the text and the parties said there was still further work to be done on legal review and translation into 23 languages.

Given the agreement is 1,500 pages, the additional work is expected to take a considerable amount of time. While government ministers claimed that CETA “is ready for debate and ratification”, the reality is that there cannot be a meaningful, informed debate without the actual text. Releasing it for full study and comment is the essential next step.

Analysis without the text is difficult, however, the combination of prior leaks and media reports indicate that Canada caved on its concerns regarding the potential replication of Eli Lilly-style pharmaceutical patent lawsuits.

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August 6, 2014 4 comments News
040510 by Dennis S. Hurd (CC BY-NC-ND 2.0) https://flic.kr/p/7QU5gX

CRTC Finds Rogers Engaged in Unjust Discrimination With Its Domestic Roaming Agreements

From seemingly the moment in launched in Canada, Wind Mobile argued that it was being placed at a competitive disadvantage due to unfair roaming agreements with Rogers. As a new entrant, the company was reliant on roaming agreements to offer nationwide service, yet it claimed that Rogers was tilting the playing field against it. Rogers unsurprisingly disagreed.  In a Senate appearance in 2009, the company was asked directly about the issue:

Senator Zimmer: Have you had any requests from new wireless entrants for roaming and tower-sharing agreements, and how have you handled those? What is the progress on these arrangements to date?

Mr. Engelhart: I am glad you asked that question, because we have been reading in the press some grumbling by some of the new entrants, and it has left us puzzled. Mr. Roy and I, mostly Mr. Roy, have successfully concluded roaming agreements with all the new entrants who have approached us, and we did that in a business negotiation that did not need arbitration or enforcement from Industry Canada. We have also provided access to a huge number of our towers to the new entrants. We believe the government policy that requires us to make those facilities available is working, and we are proud of what we have done.

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August 1, 2014 3 comments News
Pay to the order of... by Scott J. Waldron (CC BY 2.0) https://flic.kr/p/FtDtt

The Battle Over Tariff 8, Part 2: The Recording Industry’s Surprising Opposition to Songwriter, Composer and Music Publisher Streaming Royalties

Yesterday I posted on the battle over Tariff 8, the Copyright Board of Canada’s new tariff for digital music streaming services that the media has suggested could open the door to popular foreign services migrating to Canada. Despite the initial excitement, the Canadian recording industry, led by Music Canada (formerly the Canadian Recording Industry Association) has taken aim at the decision, which its President Graham Henderson argues:

will further imperil artists’ livelihoods, and threatens to rob them of the fruits of their labour in the new digital marketplace. And it will further undermine the business environment, undercutting the ability of labels and other music companies to make future investments in Canadian talent.

As noted in the post, Re:Sound, the collective responsible for the tariff, has filed for judicial review of the decision and Music Canada is urging its supporters to “like” its Facebook protest page, which it says will help win the fight.

There are two things that make the campaign against the decision particularly striking: the industry’s failure to mention to that Tariff 8 is only one of several payments made for music streaming and its opposition to those other payments.

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July 30, 2014 1 comment News