The Bell website blocking coalition has consistently argued their plan is similar to those found in other countries that have permitted website blocking. As I detailed in my lengthy series on the proposal, it is actually an outlier, since the absence of court orders for blocking puts it at odds with virtually every other country that insists on court orders as a matter of basic due process. The proposal is also a significant outlier in another important respect, however. In most countries, telecommunication providers oppose website blocking, consistent with longstanding and widely held views that they should act as neutral intermediaries that provide carriage rather than play a proactive role of blocking access to online content.
Latest Posts
Dialling Up the Bell Lobbying Playbook: Production Company Website Blocking Submissions Using Identical Script
With just over a week left in the CRTC’s comment period on the Bell coalition website blocking proposal, the Commission has now received thousands of comments with the vast majority opposing the plan. While supporters of the site blocking approach have dismissed the opposition, Bell’s tactics in drumming up support deserves further examination. Last month, I blogged about its astroturfing campaign, which involved encouraging employees to submit comments without any reference to the need to disclose their corporate affiliation.
In addition to the internal efforts, Bell has clearly reached out to others with template language that can be used for submissions. Some customize their submissions, but many simply copy the supplied language verbatim.
Back to B.C.: Court Re-examines Google Takedown Order In Light of U.S. Ruling
Last year’s Supreme Court of Canada Google v. Equustek case, which upheld a B.C. court’s global takedown order, continues to play out in the courts. The Supreme Court decision noted that it was open to Google to raise potential conflict of laws with the B.C. court in the hopes of varying the order:
If Google has evidence that complying with such an injunction would require it to violate the laws of another jurisdiction, including interfering with freedom of expression, it is always free to apply to the British Columbia courts to vary the interlocutory order accordingly.
The Case Against the Bell Coalition’s Website Blocking Plan, The Finale
Nearly one month ago, I set out to outline the case against the Bell coalition’s website blocking plan. Sixteen instalments later (plus bonus posts on Bell’s astroturfing campaign and the remarkable success of the day of action opposing the plan), I have examined the myriad of problems with the proposal. The objective was never to justify piracy. Rather, it was to conclusively demonstrate that the proposal is disproportionate, harmful, offside international standards, violates Canadian norms, and does not come close to meeting the CRTC’s requirements for approval of website blocking. This post summarizes the key points for each of these five sources of concern. The CRTC is accepting interventions until March 29th, leaving Canadians with several more weeks to speak out to the Commission, their Member of Parliament, and the Innovation, Science, and Economic Development Minister Navdeep Bains.
The Case Against the Bell Coalition’s Website Blocking Plan, Part 16: The CRTC as the Internet Content Regulatory Authority
In Canada, services that broadcast over the Internet don’t need a licence from the CRTC, as we exempted them from this obligation. We do not intervene on content on the Internet.
This statement – we do not intervene on content on the Internet – appears on the CRTC site at the very beginning of a page devoted to TV shows, movies, music and other content online. It may not be a regulatory statement, but it reflects how the CRTC sees itself and how it wants to be seen. Bell and other companies associated with the coalition have regularly tried to drag it into various forms of content regulation under the Telecommunications Act. Yet the Commission has rightly rejected those efforts, emphasizing that it does not licence or judge Internet content nor is it empowered by legislation to do so.