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Montreal. 2019-09-27. by Justin Trudeau https://flic.kr/p/2hoJgMm

Why the Liberals Have Become the Most Anti-Internet Government in Canadian History

The Liberals led by Prime Minister Justin Trudeau were first elected in 2015 on a platform that emphasized transparency, consultation, and innovation. The signals were everywhere: it released  ministerial mandate letters to demonstrate transparency, renamed the Minister of Industry to the Minister of Innovation, Science and Economic Development to point to the importance of an innovative economy, and soon after the cabinet was sworn in, Canadians were awash in public consultations (I recall participating in an almost instant consult on the Trans Pacific Partnership). With promises of entrenching net neutrality, prioritizing innovation, focusing on privacy rather than surveillance, and supporting freedom of expression, the government left little doubt about its preferred policy approach.

As I watched Canadian Heritage Minister Steven Guilbeault yesterday close the Action Summit to Combat Online Hate, I was left with whiplash as I thought back to those early days. Today’s Liberal government is unrecognizable by comparison as it today stands the most anti-Internet government in Canadian history:

  • As it moves to create the Great Canadian Internet Firewall, net neutrality is out and mandated Internet blocking is in.
  • Freedom of expression and due process is out, quick takedowns without independent review and increased liability are in.
  • Innovation and new business models are out, CRTC regulation is in.
  • Privacy reform is out, Internet taxation is in.
  • Prioritizing consumer Internet access and affordability is out, reduced competition through mergers are in.
  • And perhaps most troublingly, consultation and transparency are out, secrecy is in.

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April 16, 2021 — 46 comments — News
Done! by Dave Shea https://flic.kr/p/35uYYK (CC BY-NC-ND 2.0)

The Law Bytes Podcast, Episode 83: Inside in the Industry Committee Hearing on the Proposed Rogers-Shaw Merger

When the proposed Rogers – Shaw merger was announced last month, it immediately became a flashpoint for Canada’s ongoing debate over wireless competition and pricing. The Standing Committee on Industry, Science and Technology moved quickly to put the proposed merger under the microscope with hearings that have included Rogers and Shaw along with academics, competitors, and regulators. I was invited to appear before the committee and provide my take on the implications of the merger. This week’s Law Bytes podcast goes inside the virtual hearing room with my short opening statement followed by clips of the Q &A with several Members of Parliament.

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April 12, 2021 — 2 comments — Podcasts
botnet by Nicolas Nova https://flic.kr/p/NR9Htb (CC BY-NC 2.0)

The Law Bytes Podcast, Episode 82: Jonathan Curtis on the CRTC’s Push to Block Botnets

The Canadian technology community has a long history of working together with government and regulators to counter online harms such botnets, spam, and malicious hacking. It therefore came as a surprise when the CRTC launched a consultation on addressing botnets that raised the possibility of the regulator stepping in with new blocking mandates. The consultation just completed its first round of comments and in addition to industry experts, there were others that opportunistically looked at the blocking discussion as the chance to promote copyright related blocking or other Internet blocking requirements.

Jonathan Curtis has been at the heart of battling botnets and online harms for decades with work at Bell, the CRTC, and leading security companies. He joins the Law Bytes podcast in a personal capacity to place the online security challenges in historical context and to outline both the benefits and risks that come from the potential blocking approaches raised by the CRTC.

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March 29, 2021 — 1 comment — Podcasts
Blocked websites by Tactical Technology Collective https://flic.kr/p/8KDGTc (CC BY-SA 2.0)

Blocking is Back: Why Internet Blocking is the Next Big Canadian Policy Battle

In early 2018, Bell led a consortium of companies and organizations arguing for the creation of a new website blocking system in Canada. Complete with a new anti-piracy agency and CRTC stamp of approval, the vision was to create a new system to mandate site blocking across ISPs in Canada. Canadians challenged the so-called FairPlay proposal and the CRTC rejected the Bell application on jurisdictional grounds. Since that time, the Canadian courts have been dealing with site blocking requests (the Federal Court of Appeal is soon set to hear arguments on the issue) and the Canadian copyright review conducted by the Standing Committee on Industry, Science and Technology decided against recommending the creation of a new administrative system for site blocking.

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March 17, 2021 — 31 comments — News
IMG_0050 by Rory (CC BY 2.0) https://flic.kr/p/fKpEr4

Higher Prices, Less Competition: Some Reflections on the Proposed Rogers – Shaw Merger

Having spent a good chunk of Monday talking to reporters about the proposed Rogers merger with Shaw, I thought it might be worth highlighting my initial three takeaways. First – and this is stating the obvious – the deal will result in higher prices and less competition. There is no need to overthink any of this. Removing a company that some have touted as the best chance at a viable national fourth carrier would leave some of Canada’s biggest markets (notably Ontario, Alberta, and B.C.) without a much needed competitor. Canadians already pay some of the highest prices for wireless services in the world and if this merger is approved, the situation will only get worse. Indeed, when Rogers promises that it will not raise prices for Shaw/Freedom Mobile customers for three years, it is effectively committing to raising them as soon as the clock runs out on that timeline.

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March 16, 2021 — 10 comments — News
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