Last month, the CRTC announced plans to create an Internet Code of Conduct. The CRTC promised that the code would establish “consumer friendly business practices, provide consumers with easy-to-understand contracts, ensure consumers have tools to avoid bill shock, and make it easier for consumers to switch providers.” The code attracted some initial criticism due to the wide range of exclusions – everything from net neutrality to privacy to broadband speeds falls outside its scope – but in recent days an even bigger concern has emerged with several leading Canadian consumer groups actively boycotting the proceeding.
Post Tagged with: "crtc"
CRTC Chair Opens the Door to Weakening Canadian Net Neutrality Rules
The Canadian government’s strong pro-net neutrality position has served as its telecom policy foundation with Prime Minister Justin Trudeau and other government ministers frequently citing Canada’s commitment to the policy. In fact, the current review of broadcast and telecommunications legislation described net neutrality as “a key Government priority given its importance for freedom of expression and the ‘innovation without permission’ ethos that underpins the success of the Internet.”
Yet despite the emphasis on strong net neutrality rules, CRTC Chair Ian Scott used a keynote speech last week to open the door to watering down Canadian net neutrality rules, noting his desire for “flexibility” with the legislation.
The Full “Culture Exception” That Isn’t: Why Canada Caved on Independent Cultural Policy in the USMCA
In the final weeks of the USMCA negotiations, Canada signalled that a full cultural exception was a non-negotiable issue with Prime Minister Justin Trudeau wading in to emphasize the importance of the issue. While the resulting deal has garnered applause from many culture lobby groups (music, magazines, publishers, ACTRA), the reality is that the government did not obtain a full cultural exception. In fact, after criticizing the Conservatives for accepting exceptions to the cultural exception in the TPP (and making it a key issue in the CPTPP once the U.S. exited the agreement), the Liberal government similarly included two exceptions and agreed to an extension in the term of copyright that will have a far more damaging impact on access to Canadian culture than any proposed USMCA provision.
Application Denied: CRTC Rejects Bell Coalition Website Blocking Proposal
The CRTC this morning rejected the Bell coalition’s website blocking proposal, concluding that the application to establish a new anti-piracy agency and approve site blocking without court oversight falls outside its jurisdiction. Opponents of the site blocking proposal frequently cited concerns with the proposal and the limits of the CRTC’s mandate: my posts discussed how it failed to further and undermined the Telecommunications Act policy objectives, and was inconsistent with the CRTC’s policy direction. Similar comments came from groups such as ISOC Canada, which argued that the applications involved copyright, not telecommunications.
From Copyright Term to Super Bowl Commercials: Breaking Down the Digital NAFTA Deal
Canada and the U.S. reached agreement late yesterday on a new NAFTA (now renamed the U.S.-Mexico-Canada Agreement or USMCA). While much of the focus is on the dairy industry, dispute resolution, and the auto sector, the agreement will have significant implications for intellectual property, digital policy, and broadcasting. It will take some time to examine all the provisions, but the short-hand version is that Canada has agreed to extend the term of copyright, saved the notice-and-notice system for copyright infringement claims, extended the term of protection for biologics at significant long-term cost to the health care, agreed that Internet companies are not liable for third party content, extended border measures on counterfeiting, and promised to drop the CRTC policy that permitted U.S. commercials to be aired during the Super Bowl broadcast.
Recent Posts
The Law Bytes Podcast, Episode 240: Dean Beeby on Why Canada’s Language Laws May Stop Government From Posting Access to Information Records Online 
Risky Business: The Legal and Privacy Concerns of Mandatory Age Verification Technologies 
Another Canadian Digital Policy Own Goal: Corporate TikTok Ban Leads to Millions in Lost Cultural Group Support 
The Law Bytes Podcast, Episode 239: The Rise and Fall of Canada’s Digital Services Tax 
Canada’s DST Debacle a Case Study of Digital Strategy Trouble
