Coverage of the release last week of Canada's telecommunications policy review centered primarily on the call for a new regulatory approach that emphasizes market independence over government interference combined with a slimmed-down CRTC and list of policy priorities. My weekly Law Bytes column (Toronto Star version, webpage version) focuses on the rest of the story as the report identified a series of important areas – including network neutrality, ubiquitous broadband access, privacy, spam, and consumer protection – that merit government intervention or support.
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Shaw Sued Over Refusal To Carry VoIP Ad
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Telecom Policy Review Panel Calls For Net Neutrality Legal Safeguards
The Telecommunications Policy Review Panel report was released earlier this afternoon and while the immediate reaction will no doubt focus on the recommendations for a market-oriented approach with significant changes to the CRTC, I would call attention to three other recommendations gleaned from reading the executive summary (the full document is nearly 400 pages).
First, the Panel has called for a new legislative provision protecting net neutrality standards. The panel calls this an open access provision, with Recommendation 6-5 stating that:
"The Telecommunications Act should be amended to confirm the right of Canadian consumers to access publicly available Internet applications and content of their choice by means of all public telecommunications networks providing access to the Internet. This amendment should
(b) take into account any reasonable technical constraints and efficiency considerations related to providing such access, and
(c) be subject to legal constraints on such access, such as those established in criminal, copyright and broadcasting laws."