Post Tagged with: "crtc"

Internet Radio May Stream North to Canada

Appeared in the Toronto Star on April 9, 2007 as Web Radio May Stream North To Canada Online radio is one of the Internet's quiet success stories.  While podcasting and Internet video garner the lion share of attention, webcasting has emerged as a major force with millions tuning in daily […]

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April 9, 2007 5 comments Columns Archive

The Unintended Consequences of Rogers’ Packet Shaping

A day after the government confirmed its telephone deregulation plan over the objection of a Parliamentary committee and moved forward on plans to create a new, independent telecommunications consumer agency, it is worth pointing to a necessary complaint once that agency is operational (and to the CRTC in the meantime).  For the past 18 months, it has been open secret that Rogers engages in packet shaping, conduct that limits the amount of available bandwidth for certain services such as peer-to-peer file sharing applications.  Rogers denied the practice at first, but effectively acknowledged it in late 2005.  Net neutrality advocates regularly point to traffic shaping as a concern since they fear that Rogers could limit bandwidth to competing content or services.  In response to the packet shaping approach, many file sharing applications now employ encryption to make it difficult to detect the contents of data packets.  This has led to a technical "cat and mouse" game, with Rogers now one of the only ISPs in the world to simply degrade encrypted traffic.

This raises many issues but I would like to focus on just two in this posting.  First, not only is BitTorrent legal in Canada, but a growing percentage of the file swapping on BitTorrent clients is authorized.  This includes a substantial amount of open source software development, independent films, and other large files.  By reducing the bandwidth available for this application, Rogers is impairing the ability for Canadian artists to distribute their work and hampering the development of open source software in Canada.  Moreover, this could lead to a situation where Rogers' own content is unfairly advantaged over competing content.

If that was not bad enough, there is now speculation at my own university that the packet shaping is making it very difficult for University of Ottawa users to use email applications from home.  

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April 5, 2007 132 comments News

Internet Video, Internet Regulation, and Canadian Content

My weekly Law Bytes column (Toronto Star version, homepage version) focuses on the growing push from the Canadian broadcasting community to revisit the CRTC's 1999 New Media decision, in which Canada's broadcasting regulator took a hands-off approach to the Internet.  The support for greater regulation is often couched in Canadian content terms, but I argue that the current changes have the potential to dramatically alter Canadian content production from one mandated by government regulation to one mandated by market survival.

The issue began to percolate last June, when Canadian Heritage Minister Bev Oda asked the CRTC to conduct a six-month consultation on the effects of changing technology on the radio and television industries.  The CRTC report, which was quietly released in mid-December, went almost unnoticed, yet submissions from broadcasters, copyright collectives, and labour unions all point to an increased regulatory role for the CRTC.

The underlying theme of many stakeholder submissions is that unregulated new media represents a threat to the current regulated Canadian content model. 

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April 2, 2007 7 comments Columns

Broadcasting Community Surprisingly Calls For Internet Regulation

Appeared in the Toronto Star on April 2, 2007 as More Web Regulation Doesn't Make Any Sense The Canadian Radio-television and Telecommunications Commission has faced seemingly continuous criticism for years, however in May 1999 it released a decision that generated near-universal praise.  The New Media decision, which adopted a hands-off […]

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April 2, 2007 1 comment Columns Archive

Industry Committee Recommends Withdrawal of Telecom Reform Plan

The Standing Committee on Industry, Science, and Technology today tabled its report on telecom deregulation.  The report is very short (one paragraph) and to the point.  The Committee: recommends that the Minister of Industry withdraw the order varying Telecom Decision CRTC 2006-15 and table in Parliament a comprehensive package of […]

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March 30, 2007 2 comments News