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Text-Message Fight Obscures Real Consumer Costs

Of all the recent controversies involving Canada’s wireless carriers – and there have been many – my weekly technology law column (Toronto Star version, homepage version) argues that the fight over the 15-cent charge for the receipt of text messages must surely rank as the most puzzling. The issue, which generated an enormous amount of attention from politicians, company executives, and consumers, effectively came to a conclusion on Friday after Industry Minister Jim Prentice acknowledged that he was not prepared to intervene.

Scratch below the surface and it is difficult to understand what all the fuss was about. Text messaging has admittedly become an enormously popular form of communication and the new charges feel like an ill-advised cash grab by Bell and Telus. To be fair, however, the charges are also a relatively minor consumer issue given that the overwhelming majority of wireless subscribers are not affected by it.  Moreover, the political reaction reeked of opportunism.  Prentice had endured weeks of criticism from consumer groups across the country over his copyright reform bill and may have been looking for a way to re-make himself as a friend of Canadian consumers by briefly vowing to fight over the issue.

With the saber rattling over text-messaging charges now concluded, the issue should serve as a wake-up call on several festering problems with telecommunications in Canada.

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August 11, 2008 19 comments Columns

Meeting With Bob Rae on C-61

A constituent reports on their meeting with Liberal MP Bob Rae.

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August 11, 2008 2 comments News

Tech Companies Express ACTA Concerns

IP Justice has posted a letter from a group of leading technology, Internet, and telecommunications companies in the U.S. focused on concerns related to ACTA.

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August 11, 2008 1 comment News

61 Reforms to C-61, Day 35: TPMs – Unnecessary Coverage of Circumvention Devices

I have spent much of the past month identifying problems with Bill C-61's anti-circumvention provisions.  While the bill misses many necessary exceptions and includes exceptions that do not withstand careful analysis, even the current list of exceptions pre-suppose that a person has the technical ability to circumvent.  There may be a group of Canadians with sufficient technical expertise to do so, but my sense is that the overwhelming majority would not even know where to begin. 

There are several mechanisms that could be used to address this issue (and note that it must be addressed or else even the meagre exceptions within C-61 will be illusory).  The first would be to ensure that the bill does not touch the legality of circumvention devices themselves.  

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August 8, 2008 6 comments News

CBA Responds on Do-Not-Call List

The Vancouver Sun features a letter to the editor today from Canadian Bankers Association President Nancy Hughes Anthony on the do-not-call list and iOptOut.ca.  The CBA professes support for the DNC, noting that "it's easy for Canadians to opt out of telemarketing calls.  Simply sign up for the national Do Not Call list."  Hughes Anthony neglects to mention that CBA members are exempt under the DNC where there is a prior or current business relationship.  Under the rules, that means your current bank gets to call for a wide array of additional services even if your number is on the DNC list.  Moreover, if you simply inquired with another bank about a mortgage rate or credit card offering, they can continue to call you for another six months.  The CBA has a history of defending its right to make these telemarketing calls.  In 2004, it made submissions to the CRTC asking that its members be excluded from new telemarketing rules, arguing that its practices "do not constitute 'undue inconvenience or nuisance'."

With respect to iOptOut.ca, the CBA raises three objections, of all of which were dismissed by CRTC Chair Konrad von Finckenstein. 

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August 8, 2008 5 comments News