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Election 2011: The Digital Policy Surprises

Digital policies may not have played a starring role in the current election campaign, but neither have they been ignored. My weekly technology law column (Toronto Star version, homepage version) notes that for the first time, all major political parties have devoted a section of their platform to digital issues and both the Liberals and New Democrats ran events focused on digital policy. While there is general agreement on the key issues – topping the list are Internet access and pricing, telecom competition, copyright, and the privacy-security balance – each party offers a surprise that gives some insight into its digital policy priorities.

April 26, 2011 — 20 comments — Columns

OECD Broadband Rankings: Canada Ranks 28th out of 33 Countries Based on Bell, Rogers & Shaw Data

The OECD published its latest comparative broadband Internet data last week, confirming yet again that Canadian consumers pay more for less when it comes to Internet access. While some will undoubtedly claim that the OECD methodology is faulty, it should be noted that the data is provided to OECD member governments before publication. For this survey, the OECD focused on three of Canada’s largest ISPs – Bell, Shaw, and Rogers – covering 18 of their offerings at a range of speeds and pricing points.

The focus should be on the numbers, which tell a discouraging tale. Among the findings on price of Internet services (all as of September 2010):

Speed	Rank
Overall	28th out of 33
Below 2.5 Mbps	17th out of 24
Between 2.5 an 15 Mbps	28th out of 33
Between 15 and 30 Mbps	29th out of 33
Over 45 Mbps	23rd out of 28

April 19, 2011 — 54 comments — News

The Liberal Digital Economy Strategy: Extended Edition

The Liberals gave the digital economy a prominent place in their election platform, identifying eight principles that included access to broadband for all Canadians, balanced copyright, open government, and support for an open Internet. Yesterday the party expanded on the policy by releasing Digital Canada and holding an online chat forum with Marc Garneau. The Digital Canada release reiterated many of the platform’s positions with one notable addition – a commitment to issue an open Internet directive to the CRTC. According to the Liberals, a Liberal government would “issue an Open Internet Directive to the CRTC opposing anti-competitive usage-based billing and ensure a fair, effective wholesale regime to allow smaller Internet service providers to lease broadband infrastructure at fair prices.”

Far more detail came in the online chat that I participated in as a commentator together with Open Media’s Steve Anderson. The discussion touched on a number of issues, but provided considerable detail on telecom, copyright, and privacy policy.

April 12, 2011 — 5 comments — News

NDP Unveils Its Digital Economy Strategy: Reshaping Internet Access in Canada

The NDP unveiled its election platform today and it includes a commitment to reshaping telecommunications in Canada (posts on the Liberal positions here and here, Conservatives here and here). The party places particular emphasis on Internet access, with a commitment to using spectrum auction proceeds for broadband access, a requirement that ISPs support the creation of new networks, rescinding the market-oriented policy direction to the CRTC, enshrining net neutrality into law, and prohibiting all forms of usage based billing. The party also commits to retaining foreign investment restrictions in both the telecom and broadcast sectors.

The specific digital economy positions include:

We will apply the proceeds from the advanced wireless spectrum auction to ensure all Canadians, no matter where they live, will have quality high-speed broadband internet access;
We will expect the major internet carriers to contribute financially to this goal;
We will rescind the 2006 Conservative industry-oriented directive to the CRTC and direct the regulator to stand up for the public interest, not just the major telecommunications companies;
We will enshrine â€œnet neutralityâ€ in law, end price gouging and â€œnet throttling,â€ with clear rules for Internet Service Providers (ISPs), enforced by the CRTC;
We will prohibit all forms of usage-based billing (UBB) by Internet Service Providers (ISPs);
We will introduce a bill on copyright reform to ensure that Canada complies with its international treaty obligations, while balancing consumers’ and creators’ rights.

April 10, 2011 — 23 comments — News

Rogers Faces More Questions on World of Warcraft Throttling

Teresa Murphy, who filed the original complaint against Rogers over its throttling of World of Warcraft, has submitted a detailed response to the Rogers response. It calls on Rogers to drop its throttling practices and reimburse subscribers for damages resulting from its practices.

March 30, 2011 — 5 comments — News