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In Search of a Canadian Digital Action Strategy

Teaser: 
In recent months, there has been growing support for a national digital strategy. The Canadian Radio-television and Telecommunications Commission explicitly identified the need for a strategy in its new media decision as have prominent leaders in the technology, telecommunications, broadcast, and education communities.
Date Published: 
Saturday, 13 June 2009
Publisher: 
Toronto Star
Description: 
digital strategy column

Canada Post Plays Grinch in Takedown Fight

Teaser: 
Late last year, Canada Post and the Public Service Alliance of Canada became embroiled in a heated strike action over sick pay benefits. In the midst of the dispute, several PSAC members took direct aim at Canada Post CEO Moya Greene, recording a short parody video titled "The Greench." The video, which was posted on YouTube, adapted the well-known Dr. Seuss tune "You’re a Mean One, Mr. Grinch" to criticize Greene and the company.
Date Published: 
Monday, 26 January 2009
Publisher: 
Toronto Star
Description: 
canada post takedown column

Angus to Introduce Net Neutrality Bill

The CBC reports that hundreds of people attended the net neutrality on Parliament Hill and NDP MP Charlie Angus announced that he plans to introduce a Private Member's bill addressing the net neutrality issue tomorrow.

CBC Covers Net Neutrality Developments

CBC.ca continues its great coverage of the net neutrality issue with stories on the open letter by Charlie Angus and the Vuze report on Cogeco.

CBC Spark's Bell Interview

An uncut version of Nora Young's interview with Mirko Bibic of Bell has been posted online.

CBC's Spark Crowdsources Interview with Bell

CBC Radio's Spark, a great weekly program on culture and technology, is focusing next week on access issues including net neutrality and broader Internet access concerns. The program will include an interview with Bell Canada and they are encouraging listeners to post their questions here.

The Tyee on Throttling Net Traffic

The Tyee, which was one of the first to cover the net neutrality, posts another piece on the issue.

Monday March 24, 2008
The CBC's Next Great Way To Distribute Content
My weekly technology law column (Toronto Star version, homepage version) focuses again on the CBC's decision to distribute the finale of Canada's Next Great Prime Minister without DRM on BitTorrent. The use of BitTorrent may come as a surprise to those who mistakenly equate file sharing solely with infringing activities.  BitTorrent and other peer-to-peer technologies are finding increasing favour with legitimate businesses attracted to its ability to distribute content in an efficient, cost-effective fashion.

Indeed, the CBC's model comes from the Norwegian Broadcasting Corporation, which last month used BitTorrent to distribute "Nordkalotten 365," one of the country's most popular programs.  The experiment proved very successful, with tens of thousands of downloads at virtually no cost to the broadcaster.  Moreover, the European Union recently joined forces with leading broadcasters such as the BBC to launch P2P-Next, a new peer-to-peer research project.  The project, which involves an investment of tens of millions of dollars, hopes to advance current P2P technologies to create the "next-generation Internet television distribution system."

The move toward distribution without copy-protection - often referred to as DRM-free - is also increasingly the norm. Guinevere Orvis, one of the interactive producers on the CBC show, acknowledged last week that "DRM is dead, even if a lot of broadcasters don't realize it." Many in the music industry share that view, as all of the major international record labels have abandoned copy-protection for music downloads in the face of consumer criticism and interoperability concerns. Similarly, many of the world's largest book publishers have dropped DRM for their audiobooks, after finding that consumers simply weren't making unauthorized copies of electronic books without copy-protection.

While the CBC may succeed in paving a new path for content distribution in Canada, it is also placing the spotlight yet again on Canadian network management practices. Viewers around the world may welcome the use of BitTorrent, however, Canada's Internet service providers may be less enamoured by the development.   Companies such as Rogers have admitted that they actively limit the amount of bandwidth allocated for file swapping on BitTorrent.  Those practices - known as traffic shaping - may leave Canadians wondering why they are unable to swiftly download CBC content.  In fact, critics point to the anti-competitive effects of ISPs limiting access to new forms of video distribution, while actively offering consumers competing video services.  

The CBC's BitTorrent experiment represents an enlightened approach to content distribution that reduces costs and makes Canadian content readily available to a global audience.  It would be ironic if ISP network management practices ensured that viewers outside the country enjoyed better access to the program than the Canadian taxpayers who helped fund its creation.

cbc bittorrent column

My weekly technology law column (Toronto Star version, homepage version) focuses again on the CBC's decision to distribute the finale of Canada's Next Great Prime Minister without DRM on BitTorrent. The use of BitTorrent may come as a surprise to those who mistakenly equate file sharing solely with infringing activities.  BitTorrent and other peer-to-peer technologies are finding increasing favour with legitimate businesses attracted to its ability to distribute content in an efficient, cost-effective fashion.

Wednesday June 13, 2007
Is Content Filtering the New DRM?
There was a time when Internet service providers would not touch the idea of blocking or filtering content, particularly after the Stratton Oakmont decision in the U.S., which intimated that ISPs that got into the content monitoring business would face potential liability for legal issues arising from such content.  No longer.  Over the past two years, there has been growing concern about net neutrality issues including content blocking (Telus), application discrimination (Shaw on VoIP), traffic shaping (Rogers), and content delivery tariffs (Videotron). Today's LA Times reports that AT&T is prepared to take the next step - full scale content filtering on behalf of Hollywood interests.  AT&T says that it is working with Hollywood studios and record companies to develop technologies to keep infringing content off their networks.  AT&T has moved into pay television services and says "its interests are more closely aligned with Hollywood." Not only does this sound like a DRM-style pipe dream - content filtering replacing DRM as the mistaken "solution" to copyright concerns - but it raises enormous concerns about false positives that filter out legitimate content and privacy implications for customer monitoring.  Moreover, by moving down this path, AT&T faces the prospect of demands to monitor other content, aggressive legislative requirements to do so, and potential liability when things go wrong.  Rather than working on ways to respond to consumer demands, this is yet another step toward annoying the public and opening a pandora's box of legal concerns.
at&t content monitoring

There was a time when Internet service providers would not touch the idea of blocking or filtering content, particularly after the Stratton Oakmont decision in the U.S., which intimated that ISPs that got into the content monitoring business would face potential liability for legal issues arising from such content.  No longer.  Over the past two years, there has been growing concern about net neutrality issues including content blocking (Telus), application discrimination (Shaw on VoIP), traffic shaping (Rogers), and content delivery tariffs (Videotron).

Today's LA Times reports that AT&T is prepared to take the next step - full scale content filtering on behalf of Hollywood interests.  AT&T says that it is working with Hollywood studios and record companies to develop technologies to keep infringing content off their networks.  AT&T has moved into pay television services and says "its interests are more closely aligned with Hollywood."

Not only does this sound like a DRM-style pipe dream - content filtering replacing DRM as the mistaken "solution" to copyright concerns - but it raises enormous concerns about false positives that filter out legitimate content and privacy implications for customer monitoring.  Moreover, by moving down this path, AT&T faces the prospect of demands to monitor other content, aggressive legislative requirements to do so, and potential liability when things go wrong.  Rather than working on ways to respond to consumer demands, this is yet another step toward annoying the public and opening a pandora's box of legal concerns.

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