Appeared in the Ottawa Citizen on April 17, 2012 as Canada Lacking Digital Strategy The recent federal budget was a hefty 498 pages, but it still omitted disclosing the decision to eliminate funding for the Community Access Program, Canada’s longstanding initiative to provide an Internet access alternative for those without […]
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Keeping Score of Canada’s Spectrum Auction
Appeared in the Toronto Star on January 29, 2012 as Details of Canada’s upcoming 700MHz auction expected this week The House of Commons resumes this week with most political attention likely to be focused on the upcoming budget. Around the same time as the budget is tabled, Industry Minister Christian […]
Anti-Spam Law in Limbo as Lobby Groups Seek New Exceptions
Then-Industry Minister Tony Clement promised that the law would “protect Canadian businesses and consumers from harmful and misleading online threats,” but nearly a year later, the law is in limbo, the victim of a fight over regulations that threaten to delay implementation for many more months.
Although support for anti-spam legislation would seemingly be uncontroversial, various business groups mounted a spirited attack against the bill during the legislative process, claiming requirements to obtain user consent before sending commercial email would create new barriers to doing business online. Passing the anti-spam legislation ultimately proved far more difficult than most anticipated with groups seeking to water down tough provisions and greatly expand the list of exceptions to the general rules on obtaining user consent.
Months later, my weekly technology law column (Toronto Star version, homepage version) reports it is déjà vu all over again as the government works to finalize the regulations for the anti-spam legislation and the same groups make many of the same arguments. A call for comment over the summer from both Industry Canada and the Canadian Radio-television and Telecommunications Commission (enforcement of the law is shared by the CRTC, Competition Bureau, and Privacy Commissioner of Canada) generated dozens of responses, most of which begin by congratulating the government on passing anti-spam legislation and then proceeded to urge significant amendments.
Government Launches Consultation on White Spaces
Industry Canada has launched a public consultation on “a Policy and Technical Framework for the Use of Non Broadcasting Applications in the Television Broadcasting Bands Below 698 MHz.” In plainer language, the consultation focuses on the important issue of licence-exempt white spaces, spectrum that can be freely used by anyone […]
CRIA Continues Fight Against Industry Canada Sponsored P2P Study
- When assessing the P2P downloading population, there was “a strong positive relationship between P2P file sharing and CD purchasing. That is, among Canadians actually engaged in it, P2P file sharing increases CD purchases.” The study estimated that 12 additional P2P downloads per month increases music purchasing by 0.44 CDs per year.
- When viewed in the aggregate (ie. the entire Canadian population), there is no direct relationship between P2P file sharing and CD purchases in Canada. According to the study authors, “the analysis of the entire Canadian population does not uncover either a positive or negative relationship between the number of files downloaded from P2P networks and CDs purchased. That is, we find no direct evidence to suggest that the net effect of P2P file sharing on CD purchasing is either positive or negative for Canada as a whole.”