The Netflix boogeyman and a 21st-century role for the CRTC

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“Though some intervenors think this proceeding is all about Netflix, it’s not.” –Corie Wright of Netflix

“If the Commission fails to act swiftly after this proceeding, a service such as Netflix will become … one of the largest broadcasters in this country in the near future.” –Pierre Dion, CEO, Quebecor

“Canadian consumers can rest assured that our government will continue to stand up for them. We will not allow any moves to impose new regulations and taxes on Internet video that would create a Netflix and YouTube tax.” –Shelly Glover, Minister of Canadian Heritage

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The thesis: Netflix has handed the CRTC a new lease on life

CRTC ordered Netflix to share its highly sensitive Canadian customer data. Netflix demurred (“stonewalled” by some accounts). The Commission has responded by making Netflix disappear from the history books, expunging its official testimony. Does that mean, as we read recently, that “It’s over, CRTC, Netflix and globalization have won”? Continue reading

Net neutrality now as momentous as Janet Jackson’s nipple (1)

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Setting the bar for public participation in regulatory affairs

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  • Janet Jackson’s nipple: 1.4 million comments
  • Net neutrality: 1.1 million comments (est)

Realists like Farhad Manjoo at the NY Times have called it “the most important sleep-inducing topic around.” So imagine the surprise when, again last week, public interest in network neutrality hit a crescendo of comments so momentous that it crashed the FCC’s wobbly server setup. That leaves the arcane techno-regulatory idea a mere 300,000 comments behind the flood prompted by the Janet Jackson wardrobe malfunction – dubbed Nipplegate – during the Superbowl half-time proceedings on February 1, 2004.

Timberlake yanks off Jackson’s bra and her nipple is exposed for 9/16 of a second. She’s treated like a whore and cancels appearances, while Timberlake keeps his endorsements and wins awards. “Nipplegate” makes the Guiness Book of Records in 2006 as the most-searched term in Internet history. The FCC attempts to levy a fine of $550,000 on CBS, and pursues its case for seven years. In 2011, the Supreme Court elects not to hear the FCC’s appeal, for the second time. Interest is so intense that Nipplegate prompts some guys to create a site for uploading cool videos, which becomes YouTube. Continue reading