Post Tagged with: "telecom"

Police telephone by Marcin Wichary (CC BY 2.0) https://flic.kr/p/4nidee

Why the New Canadian Telecom Transparency Rules Fall Short

Canadians have become increasingly troubled by reports revealing that telecom and Internet companies receive millions of requests for subscriber data from a wide range of government departments. In light of public concern, some Internet and telecom companies have begun to issue regular transparency reports that feature aggregate data on the number of requests they receive and the disclosures they make.

The transparency reports from companies such as Rogers, Telus, and TekSavvy have helped shed light on government demands for information and on corporate disclosure practices. However, they also paint an incomplete picture since companies have offered up inconsistent data and some of the largest, including Bell, have thus far refused to come clean on past requests and disclosures.

July 7, 2015 — 10 comments — Columns

push to reset by voodooangel (CC BY-NC 2.0) https://flic.kr/p/4oPLvE

New Year Offers Chance to Hit Reset Button on Digital Policies

A new year is traditionally the time to refresh and renew personal goals. The same is true in the digital policy realm, where despite the conclusion of lawful access, anti-counterfeiting, and anti-spam rules in 2014, many other issues in Canada remain unresolved, unaddressed, or stalled in the middle of development.

With a new year – one that will feature a federal election in which all parties will be asked to articulate their vision of Canada’s digital future – there is a chance to hit the policy reset button on issues that have lagged or veered off course.

There is no shortage of possibilities, but my weekly technology law column (Toronto Star version, homepage version) notes the following four concerns should be top of mind for policy makers and politicians:

January 5, 2015 — 5 comments — Columns

You Are Under Surveillance by Matt Katzenberger (CC BY-NC-SA 2.0) https://flic.kr/p/6JBjhQ

Government Documents Reveal Canadian Telcos Envision Surveillance-Ready Networks

After years of failed bills, public debate, and considerable controversy, lawful access legislation received royal assent last week. Public Safety Minister Peter MacKay’s Bill C-13 lumped together measures designed to combat cyberbullying with a series of new warrants to enhance police investigative powers, generating criticism from the Privacy Commissioner of Canada, civil liberties groups, and some prominent victims rights advocates. They argued that the government should have created cyberbullying safeguards without sacrificing privacy.

While the bill would have benefited from some amendments, it remains a far cry from earlier versions that featured mandatory personal information disclosure without court oversight and required Internet providers to install extensive surveillance and interception capabilities within their networks.

The mandatory disclosure of subscriber information rules, which figured prominently in earlier lawful access bills, were gradually reduced in scope and ultimately eliminated altogether. Moreover, a recent Supreme Court ruling raised doubt about the constitutionality of the provisions.

My weekly technology law column (Toronto Star version, homepage version) notes the surveillance and interception capability issue is more complicated, however. The prospect of a total surveillance infrastructure within Canadian Internet networks generated an enormous outcry when proposed in Vic Toews’ 2012 lawful access bill. Not only did the bill specify the precise required surveillance and interception capabilities, but it also would have established extensive Internet provider reporting requirements and envisioned partial payments by government to help offset the costs for smaller Internet providers.

December 15, 2014 — 20 comments — Columns

Tree by subflux (CC BY-SA 2.0) https://flic.kr/p/a4KiyM

Why Canada’s Communication Policy Misses the Forest for the Trees

The Canadian Radio-television and Telecommunications Commission wrapped up its third major hearing in as many months last week, focusing on the wholesale market for broadband Internet services. Coming on the heels of the earlier hearings on broadcast television regulation (the “TalkTV” hearing that was highlighted by a showdown with Netflix) and wholesale wireless services, the proceedings followed a familiar script.

The incumbent providers urged the Commission to resist regulating access, claiming a competitive market exists with few barriers to new competitors. Meanwhile, independent Internet providers pointed to their relatively small share of the current broadband market and warned that failure to mandate access for faster fibre connections to the home would effectively eliminate future competition as Canadians gravitate to services offering faster speeds.

While it will take some time for the CRTC to issue its decisions in all three cases (the broadcast decision is expected before the end of the year), it is not too early to declare the entire system broken. The CRTC – Netflix battle prompted many to conclude that the Commission was a relic of the past, unable to adapt to the disruptions facilitated by the Internet. Yet the Commission’s difficulty dealing with the fast-moving changes throughout the communications sector is chiefly the result of an outdated regulatory structure that misses the proverbial forest for the trees.

December 9, 2014 — 6 comments — Columns

Some SIM cards by mroach (CC BY-SA 2.0) https://flic.kr/p/5jBZEx

Competition Matters: New Study Supports Government Policy Focused on Fourth Wireless Player

Last year’s explosive battle over the potential entry of wireless giant Verizon into the Canadian market may be a distant memory, but the debate over the state of wireless competition remains very much alive. Industry Minister James Moore has pointed to a modest decline in consumer pricing and complaints as evidence that government policies aimed at fostering a more competitive market are working.

The big three wireless carriers remain adamant that the Canadian market is competitive and that while pricing may be high relative to some other countries, that is a function of the quality of their networks. In other words, you get what you pay for.

There is seemingly no major international entrant on the horizon, but the Canadian Radio-television and Telecommunications Commission is currently grappling with an assortment of policy measures aimed at improving the competitiveness of new entrants and facilitating the development of a more robust market for virtual operators who could enhance consumer choice. Moreover, the government is planning another spectrum auction early next year that would benefit new entrants.

My weekly technology law column (Toronto Star version, homepage version) notes that at the heart of the debate is whether creating a fourth national carrier is a legitimate policy goal or a mirage that will do little to decrease pricing or create market innovation. The major carriers argue that the Canadian market is too small to support a fourth national carrier and that competitiveness is not directly correlated to the number of national operators.

November 12, 2014 — 2 comments — Columns