Post Tagged with: "telus"

The Canadian Net Neutrality Debate

My weekly Law Bytes column (Toronto Star version, homepage version) discusses the recent revelations that Industry Canada is highly skeptical about the need for net neutrality legislation.  I argue that the need to prevent a two-tier Internet in Canada has never been greater.  The Canadian competitive landscape is dominated by a handful of companies, with the top five providers controlling 84 percent of Canadian Internet connections.  Indeed, Canadian consumers who have access to broadband networks (many communities are still without access) invariably face steady price increases and service limitations from the indistinguishable choice between cable and DSL.

Leveraging their dominant positions, Canadian telecommunications companies have been embroiled in a growing number of incidents involving content or application discrimination. Over the past two years, Telus blocked access to hundreds of websites during a dispute with its labour union, Shaw attempted to levy surcharges for Internet telephony services, Rogers quietly limited bandwidth for legitimate peer-to-peer software applications, and Videotron mused publicly about establishing a new Internet transmission tariff that would require content creators to pay millions for the privilege of transmitting their content.

The government documents uncovered last week confirm that Industry Minister Maxime Bernier is aware of the situation.  

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February 14, 2007 10 comments Columns

What the Canadian Government Really Thinks About Net Neutrality

The Canadian Press is out this evening with an important story that reveals the government's true view on net neutrality.  Based on documents obtained under the Access to Information Act, they provide a clear picture of an Industry Minister and policy makers content to leave the issue alone, despite acknowledging that major telcos such as Bell and Telus are "determined to play a greater role in how Internet content is delivered" and that "they [Bell and Telus] believe they should be the gatekeepers of content, with the freedom to impose fees for their role."

The documents were prepared for the Minister in anticipation of questions that might arise after Videotron President Robert Depatie mused publicly about a new tariff or fee for carrying content.  The departmental response as contained in a Question Period Card:

"The Internet is not regulated in Canada. There is no regulation of the relationship between Internet service providers and the providers of Internet content. There is currently considerable discussion in the industry about the implications of telecommunications companies who provide network and Interent service taking a greater role in determining how Internet content will be delivered and at what cost, if any.  The Telecommunications Policy Review Panel reviewed this issue in its March 2006 report.  My department is continuing to examine and assess the recommendations, including the issue of net neutrality, that were made in this report."

While that may be the official line, the documents reveal very different thinking behind the scenes.  

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February 6, 2007 23 comments News

Entwistle on Copyright

I have been remiss in not calling attention to a speech last week to the Chamber of Commerce from Telus CEO Darren Entwistle.  While competitors such as Bell and Rogers stay silent on the sidelines, Telus is emerging as a leading industry voice for a copyright policy that encourages innovation, compensation for artists, and full respect for consumer rights.  It is not everyday that the CEO of a major Canadian company says "lastly, and perhaps most importantly, it is time to update our copyright regime" and then proceeds to outline a vision that focuses on robust fair use rather than dangerous anti-circumvention legislation.

Given their importance, Entwistle's copyright comments merit a full quote:

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October 25, 2006 8 comments News

The Most Dangerous Treaty You’ve Never Heard About

With government negotiators and broadcast officials descending on Geneva this week to continue negotiations on the WIPO Broadcast Treaty, my weekly Law Bytes column (Toronto Star version, homepage version) examines a proposal that started as an attempt to address the narrow issue of signal theft and has today mushroomed into a massive treaty that would grant broadcasters in some countries many new rights.  Many people are questioning the impact of the treaty, which includes an exclusive retranmission right, an extension in the term of protection for broadcasts, and the decision to make the exceptions and limitations in the treaty optional.  Indeed, even the Canadian delegation has wondered aloud whether the treaty would create a danger that some broadcasts might never fall into the public domain, effectively creating a perpetual broadcasting right.

The impact of the treaty on individuals and creators could be dramatic, potentially making it more difficult to record television shows for viewing at a later time, locking up content that is otherwise in the public domain, and necessitating that film makers obtain twice as many consents for the re-use of broadcast clips. 

The potential cost of the new rights is also significant, with Canadian broadcast distributors, including the major telecommunications companies that have begun offering high-definition television services, fearing that the new retransmission right alone could result in more than a half billion dollars in new royalty payments flowing out of Canada to U.S. broadcasters.

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September 11, 2006 1 comment Columns

Reflecting on the CRTC’s Hate Site Blocking Decision

My weekly Law Bytes column (Toronto Star version, homepage version) looks at last week's flurry of activity over Internet-based hate sites at the CRTC, including the request for an order to permit voluntary blocking and the Commission's decision to deny the request on Friday.

Had the CRTC addressed the substantive questions, the case would have presented an enormously difficult choice.  There is little doubt that the content in question is illegal and that Warman faces a serious threat.  By directly targeting Warman, the foreign sites have arguably brought themselves within Canada's jurisdiction.  Further, by merely asking the CRTC to issue a voluntary order, Warman avoided state-sanctioned censorship and placed the issue in the hands of ISPs.

Despite the good intentions behind the application, however, there remains some cause for concern.

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August 28, 2006 12 comments Columns