Michael Geist

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Why Verizon’s Entry to Canada Would Reduce Consumer Wireless Prices

Fresh off predictions that the CRTC would not eliminate three-year contracts and that a Verizon entry into Canada was “highly unlikely“, Scotiabank’s Jeff Fan is apparently back with another report that claims it is a myth that Verizon’s entry would lead to lower costs for consumers (I say apparently because Scotiabank declined my request for a copy of the report). The claim mirrors the talking points of the incumbent carriers, who have argued that Verizon is a high-cost carrier that will not enter the market with lower prices.

While no one knows what Verizon’s business model will be (or even if they will come), the arguments that they will not result in lower prices requires you to believe that a major new competitor will simply enter with high prices that keep the current incumbent-friendly situation largely intact. One does not need a doctorate in economics to recognize this is highly unlikely. Whether Verizon offers North America-wide roaming or other incentives to attract customers, a new entrant such as Verizon will obviously shake things up and consumers will benefit.

August 8, 2013 — 20 comments — News

U.S. Copyright Lobby Takes Aim at Canadian Copyright Term Through Trans-Pacific Partnership

The U.S. copyright lobby, led by the International Intellectual Property Alliance, appeared last week before a U.S. Congressional Committee hearing on the Trans-Pacific Partnership and made it clear that it wants the U.S. to use the trade agreement to force Canada to extend the term of copyright. Canadian copyright law is currently at life of the author plus 50 years, which meets the international standard found in the Berne Convention. The U.S. extended its copyright term years ago to life of the author plus 70 years under pressure from the Disney Corporation (Mickey Mouse was headed to the public domain) and has since pushed other countries to do the same.

The IIPA says that the TPP should require all members to extend their term of copyright (Japan and New Zealand are also at life plus 50 years), which it claims is needed to “maintain incentives for investment in the conservation and dissemination of older works.” Yet a recent study found the opposite with far more public domain books available commercially than books still subject to copyright.

When the Canadian government conducted a consultation on participation in the TPP, copyright was the top issue raised with many focusing on concerns associated with term extension. As I wrote last year, it is worth noting the many important authors who would be immediately affected since their works are scheduled to become public domain in the 2013 – 2033 period.

August 7, 2013 — 17 comments — News

Getting Signals Straight in the Great Wireless War of 2013

The great wireless battle of 2013 continues to unfold with Bell, Rogers, and Telus – the big three incumbents that dominate the Canadian market – calling for “fairness” in Canadian telecom policy. Ben Klass posted an exceptional response to Bell over the weekend that provided some perspective on Canadian spectrum allocation, while Peter Nowak once again took on Telus’ speaking points on the issue. My weekly technology law column (Toronto Star version, homepage version) notes that the incumbents concerns with the policy represent a notable shift, since they described it as “thoughtful and balanced” when it was unveiled by then-Industry Minister Christian Paradis in 2012. The same companies now say the rules will create a “bloodbath” since they fear the potential entry of Verizon Communications, a U.S. telecom giant with the power to shake up the Canadian market.

While the incumbents have framed the issue around fairness and a “level playing field”, the reality is that Canadian policies are strikingly similar to those found in many other countries that have sought to encourage greater competition. Moreover, the arguments around level playing fields conveniently omit the myriad of advantages enjoyed by the incumbents.

August 6, 2013 — 8 comments — Columns

Secret Surveillance Puts Internet Governance System at Risk

One year ago, many Internet users were engaged in a contentious debate over the question of who should govern the Internet. The debate pitted the current model led by a United States based organization known as the Internet Corporation for Assigned Names and Numbers (supported by the U.S.) against a government-led, United Nations-style model under which countries such as China and Russia could assert greater control over Internet governance.

The differences between the two approaches were never as stark as some portrayed since the current model grants the U.S. considerable contractual power over ICANN, but the fear of greater foreign government control over the Internet led to strong political opposition to UN involvement.

While supporters of the current model ultimately prevailed at a UN conference in Dubai last December where most Western democracies, including Canada, strongly rejected major Internet governance reforms, the issue was fundamentally about trust. Given that all governments have become more vocal about Internet matters, the debate was never over whether government would be involved, but rather about who the global Internet community trusted to lead on governance matters.

My weekly technology law column (Toronto Star version, homepage version) argues that the Internet governance choice was a relatively easy one at the time, but in recent weeks the revelations about widespread U.S. secret surveillance of the Internet may cause many to rethink their views. Starting with the first disclosures in early June about the collection of phone metadata, the past two months have been marked by a dizzying array of reports that reveal a massive U.S. surveillance infrastructure that covers the globe and seeks access to virtually all Internet-based communications.

August 2, 2013 — 4 comments — Columns

Earlier this year, the University of Ottawa Press published The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law, an effort by many of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The book is […]

August 2, 2013 — Comments are Disabled — News