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Troubleshooting the Phone System by Solarbotics (CC BY 2.0) https://flic.kr/p/baeGVK

Telecom Train Wreck: Why It Is Time for the Government to Address the Mess That Is The CRTC

The continuing consumer group boycott of the CRTC’s Internet code proceeding was raised directly with Prime Minister Justin Trudeau during Question Period in the House of Commons yesterday. NDP MP Brian Masse noted “the CRTC says it wants to establish a consumer Internet code of conduct, but has failed to provide sufficient time for consumer groups and the public. The result is a boycotted and broken system.” Trudeau’s responded that the government was proud of working with the CRTC and included a parting shot at the NDP, commenting on its support of a taxes on Internet usage. Regardless of the NDP position on an Internet tax (Masse says he opposes one), what is notable is that it is the CRTC that has emerged as a vocal supporter of an ISP tax. CRTC Chair Ian Scott’s decision to back an ISP tax as part of a larger scheme to regulate Internet-based services not only runs counter to Trudeau’s opposition to an Internet tax but it also points to a regulator that is increasingly anti-consumer in approach.

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December 13, 2018 2 comments News
Privacy Please by ricky montalvo (CC BY-ND 2.0) https://flic.kr/p/8RF3Ez

A Failure of Enforcement: Why Changing the Law Won’t Fix All That Ails Canadian Privacy

Canadian Privacy Commissioner Daniel Therrien renewed his call for an overhaul of Canada’s private-sector privacy legislation this week. Responding to a national data consultation launched by Innovation, Science and Economic Development Minister Navdeep Bains, Therrien recommended enacting a new law that would include stronger enforcement powers, meaningful consent standards and the extension of privacy regulations to political parties. My Globe and Mail op-ed argues that while the need for a modernized privacy statute has been evident for some time, Canada’s privacy shortcomings are not limited to a decades-old legal framework struggling to keep pace with technological change.

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December 7, 2018 7 comments Columns
“Why Are You Recommending Notice and Takedown?”: The Canadian Bar Association’s Puzzling Position at the Copyright Review

“Why Are You Recommending Notice and Takedown?”: The Canadian Bar Association’s Puzzling Position at the Copyright Review

The Canadian Bar Association appeared before the Standing Committee on Industry, Science and Technology earlier this week as part of the nearly-concluded copyright review. The CBA submitted an odd brief that focused on a mix of issues, including anti-counterfeiting, notice-and-notice, and artists’ resale rights. The notice-and-notice comments captured the attention of at least one MP, who was left puzzled by the position.

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December 6, 2018 11 comments News
boycott by Martin Abegglen (CC BY-SA 2.0) https://flic.kr/p/4L7rjh

Boycott: What If The CRTC Launched a Consumer Internet Code and Consumer Groups Refused to Participate in its Development?

Last month, the CRTC announced plans to create an Internet Code of Conduct. The CRTC promised that the code would establish “consumer friendly business practices, provide consumers with easy-to-understand contracts, ensure consumers have tools to avoid bill shock, and make it easier for consumers to switch providers.” The code attracted some initial criticism due to the wide range of exclusions – everything from net neutrality to privacy to broadband speeds falls outside its scope – but in recent days an even bigger concern has emerged with several leading Canadian consumer groups actively boycotting the proceeding.

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December 4, 2018 17 comments News
Copyrighted button by ntr23 (CC BY-NC-SA 2.0) https://flic.kr/p/7jvE7i

Misleading on Fair Dealing, Part 10: Rejecting Access Copyright’s Demand to Force Its Licence on Canadian Education

My series on misleading on fair dealing concludes today with a post on Access Copyright’s demands for copyright reform. The copyright collective’s strategy is simply to force educational institutions to pay for its licence. It seeks to do so through two legal reforms: (i) restrict the use of fair dealing for education and (ii) massively increase the risk of liability through the imposition of statutory damages. The proposed reforms run directly counter to Canada’s longstanding commitment to balanced copyright, would reduce choice and innovation in licensing content online, and leave students and taxpayers facing risks of multi-million dollar liability that far exceeds the value of any copying.

This ten part series has addressed many of the misleading claims that have surfaced in recent months about fair dealing and copying practices in Canada:

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December 3, 2018 5 comments News