Michael Geist

Latest Posts

Blueprint by Alex Harries (CC BY-NC 2.0) https://flic.kr/p/9kTunZ

Mapping Out the CRTC Blueprint for Universal, Affordable Internet Access

In the wake of nearly two decades of study, debate, task forces, and government programs, Canada’s telecommunications regulator has begun to unveil its blueprint for ensuring that all Canadians have access to affordable, high-speed Internet services. If the plan rolls out as many expect, Canadians in urban areas will benefit from a more competitive environment for high-speed fibre services, while consumers in rural and remote areas will be guaranteed access through a clear legal commitment to universal broadband service.

My weekly technology law column (Toronto Star version, homepage version) notes that part one of the blueprint was released last week as the Canadian Radio-television and Telecommunications Commission rejected opposition from large cable and telecom providers by ordering them to offer independent Internet providers wholesale access to emerging high-speed fibre networks.

July 28, 2015 — 4 comments — Columns

Trans-Pacific Partnership Ministers Meet in Brunei by DFATD (CC BY-NC-ND 2.0) https://flic.kr/p/fzKSHo

More Than Milk: Why Agricultural Protections Are Just the Tip of the TPP Iceberg

The Trans Pacific Partnership (TPP), a proposed trade agreement that encompasses nearly 40 per cent of world GDP, heads to Hawaii later this month for ministerial-level negotiations. According to media reports, this may be the final round of talks, with countries expected to address the remaining contentious issues with their “best offers” in the hope that an agreement can be reached. Canadian coverage of the TPP has centred primarily on U.S. demands for changes to longstanding agricultural market safeguards.

With a national election a few months away, my weekly technology law column (Toronto Star version, homepage version) notes the prospect of overhauling some of Canada’s biggest business sectors has politicians from all parties waffling on the agreement. Canadian International Trade Minister Ed Fast, who will lead the Canadian delegation, maintains that the government has not agreed to dismantle supply management protections and that it will only enter into an agreement if the deal is in the best interests of the country. The opposition parties are similarly hesitant to stake out positions on key issues, noting that they cannot judge the TPP until it is concluded and publicly released.

While the agricultural issues may dominate debate, it is only one unresolved issue of many. Indeed, the concerns associated with the agreement go far beyond the supply of products such as milk and chickens.

July 20, 2015 — 2 comments — Columns

London anti-Uber taxi protest June 11 2014 035 by David Holt (CC BY-SA 2.0) https://flic.kr/p/nWtp1Z

Uber Battle the Latest Chapter in the Internet’s Never-Ending Story

For the past two decades, it has been the Internet’s never-ending story. Established, successful businesses face Internet upstarts who leverage the advantages of a global network and new communications technology to offer better prices, more choice or innovative services.

In the 1990s, it was online retailers such as Amazon, who presented more selection at lower prices than most bookstores could offer. In the 2000s, Wikipedia brought the decades-old encyclopedia business to an end, online music services provided greater convenience than conventional record stores, and Internet telephony technologies used by companies like Skype changed the rules of international voice and video calls. Today, services such as Uber, AirBnB, and Netflix have upended the taxi, hotel, and broadcast worlds.

My weekly technology law column (Toronto Star version, homepage version) notes that in these David vs. Goliath type battles, the established businesses don’t quietly fade away. Using their remaining influence, they often look to laws and regulations that increase costs, prohibit activities, restrict consumers, or regulate pricing to create barriers for the new entrants.

July 13, 2015 — 11 comments — Columns

Police telephone by Marcin Wichary (CC BY 2.0) https://flic.kr/p/4nidee

Why the New Canadian Telecom Transparency Rules Fall Short

Canadians have become increasingly troubled by reports revealing that telecom and Internet companies receive millions of requests for subscriber data from a wide range of government departments. In light of public concern, some Internet and telecom companies have begun to issue regular transparency reports that feature aggregate data on the number of requests they receive and the disclosures they make.

The transparency reports from companies such as Rogers, Telus, and TekSavvy have helped shed light on government demands for information and on corporate disclosure practices. However, they also paint an incomplete picture since companies have offered up inconsistent data and some of the largest, including Bell, have thus far refused to come clean on past requests and disclosures.

July 7, 2015 — 10 comments — Columns

Gambling Man by Adrian Sampson (CC BY 2.0) https://flic.kr/p/2yjQp

Quebec’s Website Blocking Plan Gambles With the Open Internet

For governments accustomed to wielding their power to regulate local activity, the Internet has long been a source of frustration. From music sites to Uber to AirBNB, online services represent an enormous challenge to conventional government regulation, which typically relies on a jurisdictional hook to compel compliance.

While most reputable global companies can ill-afford to simply ignore laws or court orders, there are still websites that operate largely beyond the reach of government regulation. In response, some governments have attempted to regulate online behaviour, ordering Internet providers to block access to offending websites.

My weekly technology law column (Toronto Star version, homepage version) notes that Canadians have generally been spared website blocking initiatives due in part to the Telecommunications Act, which prohibits carriers from controlling “the content or influence the meaning or purpose of telecommunications carried by it for the public.” That rule means that Internet providers are effectively prohibited from unilaterally blocking content.

June 30, 2015 — 10 comments — Columns