Michael Geist

Latest Posts

What To Do About Usage Based Billing: NDP & Liberal Positions Take Shape

The controversy over usage based billing has unsurprisingly spilled over into the election campaign with the national parties starting to provide some insight into their positions. All the parties were on record as opposing the CRTC’s decision on wholesale UBB before the election (and Industry Minister Tony Clement said he was unimpressed with Bell’s AVP proposal). The bigger question is what are they prepared to do about the issue. The Conservatives have not said much on the issue of late, but the NDP and Liberals have adopted some noteworthy positions.

The NDP was the only party to address retail UBB directly within its platform. The party has promised to ban the practice at the both the wholesale and retail level – “We will prohibit all forms of usage-based billing (UBB) by Internet Service Providers (ISPs)“.

The Liberals revealed their support for “functional separation” in an online chat on Canada’s digital future yesterday (I participated as a commentator). Open Media’s Steve Anderson had the following exchange with Liberal Marc Garneau:

April 12, 2011 — 11 comments — News

Liberal Online Discussion on Digital Policies

The Liberals will be hosting an online discussion their digital policies today at 2:00 pm ET. Industry critic Marc Garneau will host the discussion and they’ve invited me and Steve Anderson from OpenMedia.ca to comment and post our own questions.

April 11, 2011 — 5 comments — News

India Will Not Accept IP Talks Outside of WTO

India’s Commerce and Industry Minister has stated that his country will not accept attempts to change global IP policies outside of international organizations like the World Trade Organization. The comments arise out of India’s ongoing opposition to the Anti-Counterfeiting Trade Agreement.

April 11, 2011 — Comments are Disabled — News

NDP Unveils Its Digital Economy Strategy: Reshaping Internet Access in Canada

The NDP unveiled its election platform today and it includes a commitment to reshaping telecommunications in Canada (posts on the Liberal positions here and here, Conservatives here and here). The party places particular emphasis on Internet access, with a commitment to using spectrum auction proceeds for broadband access, a requirement that ISPs support the creation of new networks, rescinding the market-oriented policy direction to the CRTC, enshrining net neutrality into law, and prohibiting all forms of usage based billing. The party also commits to retaining foreign investment restrictions in both the telecom and broadcast sectors.

The specific digital economy positions include:

We will apply the proceeds from the advanced wireless spectrum auction to ensure all Canadians, no matter where they live, will have quality high-speed broadband internet access;
We will expect the major internet carriers to contribute financially to this goal;
We will rescind the 2006 Conservative industry-oriented directive to the CRTC and direct the regulator to stand up for the public interest, not just the major telecommunications companies;
We will enshrine â€œnet neutralityâ€ in law, end price gouging and â€œnet throttling,â€ with clear rules for Internet Service Providers (ISPs), enforced by the CRTC;
We will prohibit all forms of usage-based billing (UBB) by Internet Service Providers (ISPs);
We will introduce a bill on copyright reform to ensure that Canada complies with its international treaty obligations, while balancing consumers’ and creators’ rights.

April 10, 2011 — 23 comments — News

The Conservatives Commitment to Internet Surveillance

This post, which focuses on the Conservatives commitment to pass lawful access legislation that would fundamentally reshape the Internet in Canada within the new Parliament’s first 100 days if it wins a majority, requires two caveats. The first is to emphasize that I believe digital policies are not a partisan issue. Developing a digital economy strategy, introducing balanced copyright, addressing cybercrime while preserving privacy is not a left or right, Liberal or Conservative, issue.

The second is to note that all the major parties have strong and weak points on digital issues:

the Conservatives passed anti-spam legislation, defended fair dealing reform on C-32, and pressured the CRTC on the usage based billing issue (they also failed to strike a balance on digital locks and include a digital economy strategy in their platform)
the Liberals made a strong commitment on digital policies in their platform, were the first to focus on open government, and called for changes to the digital lock rules (they also failed to take a stand on foreign investment in telecommunications and had MP Dan McTeague openly working with CRIA on an anti-consumer copyright policy)
the NDP were the first to draw attention to consumer issues on copyright, to commit to net neutrality, and to take a stand on UBB (they also are strong supporters of an iPod levy).

While there are good and bad with each party, the Conservatives new commitment to lawful access – new laws that would establish massive Internet surveillance requirements and the potential disclosure of personal information without court oversight – is incredibly problematic for the Internet, privacy, and online freedoms. It requires real debate yet seems likely to slip under the public radar.

April 9, 2011 — 70 comments — News