News

Government to Mandate “Pick-and-Pay” Pricing Option for Television Services

The government’s Speech from the Throne is set for this Wednesday with a “consumer first” agenda reportedly a focal point of the upcoming legislative agenda. Industry Minister James Moore discussed the speech over the weekend, pointing to a range of targets including wireless competition, wireless roaming fees, and the bundling of television channels that forces millions of consumers to purchase channels they do not want. Moore says that the government will require cable and satellite providers to offer a pick-and-pay option to consumers, though it is not clear which legislative tool they will use to do so. I wrote about the forthcoming throne speech last month, pointing to pick-and-pay services as a potential policy reform.

I also wrote about the benefits of a pick-and-pay system last year, arguing that the “broadcast community has long resisted a market-oriented approach that would allow consumers to exercise real choice in their cable and satellite packages, instead demanding a corporate welfare regulatory framework that guarantees big profits and mediocre programming.” This is particularly true of Bell Media, Canada’s largest media company that has been among the most vocal in opposing consumer choice. In a hearing before the CRTC that focused on consumer choice, Bell said that “we are dreadfully fearful of a penetration decline that would wipe out revenues that are necessary to support the obligations of these services.” It reiterated its opposition when asked directly, claiming “there will be a potentially dramatic penetration drop, and hence volume drop and hence revenue drop, as repackaging moves along the continuum to, you know, set packaging all the way to standalone.”

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October 15, 2013 14 comments News

Government Launches Consultation on Rules for ISP Notice-and-Notice System Amid Shift in Priorities

Industry Canada and Canadian Heritage launched a consultation yesterday on the rules associated with the Internet service provider notice-and-notice system that was established in Bill C-11, the copyright reform bill enacted in June 2012. Responses to the consultation are due by November 8, 2013. Most of the bill took effect in November 2012, but the government delayed implementation of the ISP rules, with expectation of a consultation and regulations to follow. It has taken nearly a full year, but the consultation was sent to undisclosed stakeholders with the promise to bring the notice-and-notice system into effect “in the near future.”

The notice-and-notice system allows copyright owners to send infringement notices to ISPs, who will be legally required to forward the notification to their subscribers. If an ISP fails to forward the notifications, it must explain why or face the prospect of damages that run as high as $10,000. ISPs must also retain information on the subscriber for six months (or 12 months if court proceedings are launched). Copyright owners may also send notifications to search engines, who must remove content that has been removed from the original source within 30 days. The notices must meet a prescribed form that includes details on the sender, the copyright works and the alleged infringement.

Despite some expectation that the consultation would place several issues on the table – form issues for notices, data retention, and costs for notices among them – the language used in the consultation letter suggests that the government is likely to simply bring the rules as articulated in the law into effect with no further regulations at all. It states:

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October 10, 2013 42 comments News

Who Is Watching the Watchers?: A Panel on Canadian Privacy and Surveillance

The University of Ottawa, Faculty of Law will be hosting a panel featuring University of Ottawa faculty on Canadian privacy and surveillance on October 16th from 11:30 – 1:00 titled Who Is Watching the Watchers? I’ll be participating on the panel along with Craig Forcese, Ian Kerr, Valerie Steeves, and […]

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October 9, 2013 1 comment News

Public Safety Foreshadowed Rejection of MTS Allstream-Accelero With 2011 Foreign Investment Concerns

On the same day that revelations about CSEC spying on the Brazilian government for economic purposes generated headlines around the world, the Canadian government rejected the proposed acquisition of MTS Allstream’s Allstream division by Accelero Capital Holdings, a company co-founded by Naguib Sawiris, an Egyptian billionaire who first captured Canadian […]

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October 8, 2013 4 comments News

Privacy Commissioners Struggle to Confront Surveillance Issues at Annual Conference

The 35th International Conference of Data Protection and Privacy Commissioners wraps up today in Warsaw, Poland. The conference has become an important annual event, facilitating greater global cooperation on privacy and providing the commissioners with a venue to speak out on key privacy issues. This year, the commissioners issued one declaration (on the “appification” of society) and nine resolutions. The resolutions cover a wide range of issues including profiling, international enforcement, anchoring privacy in international law, and web tracking.

Yet despite the enormous public attention to surveillance issues over the past few months, there are no specific resolutions on the issue. In fact, surveillance is only mentioned once, in a resolution on openness of personal data practices which urges organizations to be more open about their practices and adds that governments should do the same. Perhaps unsurprisingly, the U.S. Federal Trade Commission abstained from voting on the resolution due to the reference to governments. The U.S. may have been particularly uncomfortable with the final paragraph in the explanatory note:

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September 26, 2013 4 comments News