Dialing for digital dollars: inside the Cancon sausage factory

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A little sympathy for Mélanie Joly, please.

melanie-jolyImagine if your job was to save the purveyors of Canadian content from the ravishes of American cultural imperialists, cord-cutters, cord-shavers, cord-nevers, millennials in general, digerati, incumbent ISPs, Reed Hastings, VPN developers, Jeff Bezos, Chicken Little, Hulu, cloud computing vendors, Henny Penny and Reed Hastings. It’s harder than it looks.

Contrary to popular belief, Ms Joly is doing exactly what the Minister of Canadian Heritage should be doing these days: looking for money to put into the pockets of Canada’s network content providers so they can make bigger and better Webisodes for the digital age. Yet her ideas for accomplishing this daunting task have drawn vociferous criticism. Many criticisms have focused on issues outside the Minister’s mandate and are based on little appreciation of how things actually work in her department.

So let’s head on over to the sausage factory where the sausage mandarins have been cooking up our Cancon policy for the last half-century.

We’ll start with Minister Joly’s least popular trial balloon: slapping an “Internet tax” on everyone’s ISP bill. My friends at OpenMedia have been pointing out with alarm that such a tax would only serve to raise the price of Internet access, when Canadians already pay high prices for mediocre service (you can sign their petition here).

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OpenMedia: Joly’s tax would make us as bad as Hungary

Could there be anything worse than this tax “on the Internet”? Yes! A tax on Netflix, an idea that just won’t die, thanks to Joly’s alleged plan to bring the streaming giant “into the system” – Ottawa code for we’re gonna tax the daylights outta Netflix.  Continue reading

Et tu, Reed? Big media’s war on privacy (3)

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Netflix CEO Reed Hastings tells investors what he thinks of privacy advocates

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Back in March I wrote two posts to express my surprise and frustration that Netflix would no longer let its customers gain entry through a VPN or virtual private network. Turns out the problem hasn’t gone away. Also turns out Reed Hastings is still every bit as dismissive of our privacy concerns – and our customer experience – as he was in January.

A lot of the recent coverage of the Netflix vs privacy phenomenon was prompted by my colleagues at OpenMedia, and in particular Laura Tribe, who acts as the advocacy group’s digital rights lead. When I spoke to her this morning, she pointed to the large number of media outlets that have covered the OpenMedia campaign against the Netflix VPN blockade (OpenMedia pays me from time to time as a policy consultant).

In an email letter to supporters last Friday, Laura and her team laid out the case, opening thusly:

Is protecting your privacy and security “inconsequential?” That’s what Netflix CEO Reed Hastings seems to think, based on recent comments reported in WIRED magazine.

It’s time to remind Netflix that privacy and security matter to us. Yesterday your open letter made international headlines.

If you want to throw your name in the ring, the OpenMedia campaign page for Netflix is here. Continue reading

Networked disinformation: Bell wins against the facts

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Last February 24th, Ottawa City Council voted on a resolution tabled by councillors Jeff Leiper and Diane Deans to support a now pretty well known CRTC ruling. The Commission decided last July to require the incumbent ISPs to provide their smaller competitors with access to their new fibre networks, which are the future of the Internet.

The resolution called for “the city of Ottawa [to] support the CRTC’s decision to require the sharing of fiber-optic networks between large and small competitors.” That position took an implicit stand against the petition submitted by Bell to the federal cabinet last November calling for the government to over-rule the CRTC on sharing fibre networks.

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Fibreoptic connections use extremely fine strands of glass to transmit data across networks. Instead of electrical pulses, they use beams of light to carry information inside each strand, sometimes with several different wavelengths each carrying huge amounts of data (hence the reference to “optical”). Fibreoptic technology has major advantages over the copper infrastructure used by telcos and cablecos. Fibre has far greater bandwidth and can readily achieve speeds in the tens or even 100s of gigabits per second (1 Gbps = 1000 megabits per sec, 50 times faster than a typical home connection). Optical fibre is much sturdier and cheaper to maintain than copper. It can also carry data over much longer distances without the need for powered devices like repeaters. Optical fibre is being introduced in “last-mile” connections between end-users and ISPs as fibre to the premises (FTTP). It’s FTTP technology that’s at the heart of the debate between Bell and proponents of competitive, affordable Internet access.

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bell-denied-2I watched the live stream of the Ottawa debate and was surprised at the extent to which some councillors had swallowed Bell’s party line. The nays voted down the resolution by a wide margin – 17 to 7. I had an op-ed on the subject published by the Ottawa Citizen the day of the vote, as part of a push by OpenMedia to support the CRTC and discredit Bell’s campaign against competition in Internet access: “Ultra-fast broadband is a local issue, Ottawa.” The Ottawa vote stood in sharp contrast to the very similar exercise that took place in Toronto on February 4 – a triumph for the good guys at 28 for and 5 against a resolution supporting the CRTC decision. Continue reading

Oh what a tangled web: Bell vs the Internet at Federal Court

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Bell Mobility’s legal team conferred on a break

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On Tuesday, January 19, the Federal Court of Appeal heard oral arguments from several parties about Bell’s Mobile TV service and whether it had violated Canadian law. In attendance were 13 lawyers, not counting the panel on the bench, which made it 16 lawyers, just shy of the spectator count in the gallery.

The spectators included several staunch advocates for the open Internet (Ben, Reza, JF, Laura, Cynthia, me), not to mention our tireless legal counsel, Philip Palmer, who agreed to represent a ragtag bunch he barely knew.  Continue reading

More on the student ISP ratings: Bell’s Internet disaster (3)

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A new bundle from Bell: Internet access with poutine

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I have bad news for Bell. On our campus, those steaming piles of french fries and gravy didn’t help convince any of my students that Bell has the “best Wi-Fi” or the best anything. And I have detailed files to prove it.

Poutine aside, why would Bell’s marketing department create an association between students resenting their roommates and students signing up for Wi-Fi? Well, first of all because Bell is counting on nobody actually knowing what the hell the “best” Wi-Fi would look like. Wi-Fi is a highly unpredictable technology whose performance depends on many factors out of Bell’s control, from the composition of walls to the type of data being transferred, the age of the router, the extent of bandwidth sharing and so on.

Meanwhile, there’s no clear value proposition for a commodity like bandwidth, except variations on “We’re the Best, period.” So Bell is betting that its brand equity will be enough to get people signing up, even as it’s getting its ass kicked in the Internet access market by Rogers. Bell has other trucks cruising around my neighborhood with another peremptory message slapped on the side: “Bell Internet. Perfect for laptops.Continue reading

A pig in a poke no more: my students rate the ISPs

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The carrier hotel at 151 Front St West, Toronto, the meeting point for dozens of ISPs and other network operators

“75% of respondents to PIAC’s survey did not know the speed tier to which they subscribe even though 83% of consumers identified download speed as very important or somewhat important when choosing an ISP for their home.”  –Public Interest Advocacy Centre (PIAC), Ottawa, January 2013 – Transparency in Broadband Advertising to Canadian Consumers (pdf)

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Like the great majority of the online population, even 20-something communications studies majors have little or no clue what they’re buying from their ISP. That’s why we talk a lot about ISPs in my classes. They’re the main contact point for most people with the public Internet. They’re also the key to understanding what broadband is, how regulation works (or doesn’t), and how gatekeeping is exercised.

One challenge in helping undergrads understand how the Internet works (not just the technology, but the policy and business perspectives as well) is that there’s no textbook. Good sources have to be cobbled together, and there’s often a trade-off to be made between what’s topical and what’s authoritative. So when I went looking for a more engaging kind of written assignment a few months ago, I figured why not have the students develop the data themselves. Send them out to the field – well, at least as far as the living room – to find out exactly what they’re getting from their current ISP, then see if they could do better from the competition. Continue reading

Rebooting basic services: hope for policy reform? (2)

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New ideas for policy reform from Bell

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Update on other reactions to Turcke/Bell (1:10pm): Pete Nowak has his own biting critique in yesterday’s post – If VPN use is theft, then Bell’s CraveTV is extortion. And over at OpenMedia.ca, Josh Tabish has stirred up some really unfriendly reactions on Facebook about the whole fiasco – 181 315 and counting. (When I showed the FP article to my teenage daughter, her eye-rolling reaction was, OMG, as if using a VPN is hacking.)

As I suggested in my last post, some of the conclusions reached at the Rebooting conference will be echoed in the current CRTC proceeding on basic service objectivesDespite all the compelling reasons for reform, however, numerous barriers stand in the way. Some of those discussed at the conference will certainly play a continuing role in the broadband proceeding…

1 – No political will or vision. Short of improbable legislative change, we need something the Harper government is incapable of formulating: a national digital strategy. The CRTC suggested the need for a national strategy six years ago in its new media decision (2009-329, para 78). What we got from the Tories instead was a lousy marketing brochure. Even the opposition parties seem to regard our broadband future as unworthy of serious attention. Continue reading

CRTC’s code of conduct for TV providers: too little, too late?

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The CRTC is moving ahead with its Code of Conduct for TV service providers (TVSPs). The Code was initially announced on March 26, as a by-product of the Let’s Talk TV proceeding (Broadcasting Notice of Consultation CRTC 2015-105). Now, in its best populist spirit, the Commission is asking for public comment on its TV Code:

“Canadians sent us a strong message that they were encountering problems with their television service providers. The CRTC is acting on these comments and has prepared a draft version of a TV Code that reflects what Canadians told us. I invite them to take an active part in the discussions. Now is the time to shape your TV Code.”–CRTC Chair JP Blais, May 12, 2015 (emphasis original)

Less consulting, more research

The Commission may have the substance right, but it has the timing and execution all wrong. The idea that TVSPs provide lousy service isn’t exactly new. Much of the evidence has been anecdotal. A public consultation, however, will not make up for that shortcoming. Worse still, the idea of holding this public consultation arose from the earlier public consultation that was part of Let’s Talk TV. They’re breeding. Continue reading