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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