Remedies large and small for our Internet ills (1)

“Breaking things is easy, dealing with the effects is hard.” –Tom Wheeler, August 2018

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I had a conversation this morning with a neighbor who, like some of my best friends, is a practising lawyer. The talk turned to privacy, which is of considerable interest to people who trade in privileged information.  

I had some unkind words for Google, and suggested he try using DuckDuckGo instead of the obvious choice. I had to spell the name several times. But what about all those other ways Google gets you, he asked — including Gmail, which I’d urged him to start using a few years ago, he reminded me.

Recent figures illustrate the uphill battle even this small step entails. As of July, Google’s search engine owned over 86% of the search market in the US. DuckDuckGo sits at 0.64%, comfortably ahead of MSN and Yandex RU. Continue reading

More time online or less? Yes (1)


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Barely six months ago, some unusual critics told Apple it was making a big mistake in its iPhone design. It was doing too good a job — and making us too fond of the world’s greatest fetish object. Unusual because the critics included two of Apple’s biggest institutional investors (Jana Partners and CALSTRS: as noted in my January 31 post).

Making phones less attractive is one of the stop-gap remedies for the millions with a case of screen addiction. Along comes Apple’s recent Worldwide Developers Conference, WWDC, and babam! — we have software adjustments in the next iteration of iOS intended to appease the critics and save us from ourselves (WWDC keynote here).

iOS 12 will have two expanded controls plus a newish feature. Do Not Disturb (DND) gets auto-timing and a Do Not Disturb During Bedtime add-on. Notifications get less annnoying with Grouping and Instant Tuning. And add the new Screen Time feature, which tells you precisely how much of your life you’re wasting on your phone and where. Continue reading

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

Why is Reed Hastings bent on killing my privacy? (2)

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Hollywood vs the Boston Strangler

jack_valenti_4The Kings of Content have always shown an intense and belligerent dislike for new technologies, regardless of their promise or popularity. History is littered with the embarrassing results. Take Jack Valenti.

For over 35 years, Valenti was head of the Motion Picture Association of America (MPAA). In 1982, the studios were in court trying to prevent Sony from shipping a single VCR to the US because of the alleged threat of piracy. Here’s how Valenti famously described the dangers of the VCR to a Congressional committee:

“I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone.”

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

Rebooting basic telecom services: hope for policy reform?

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The recent Rebooting conference in Ottawa was a terrific experience. Lots of people with lots of good ideas and the opportunity to debate them at length.

cbc_logo_1940_1958Oversimplifying a little, I would divide the conference participants into two general groups. The first and larger of the two was reform-minded, with many calling for serious changes, especially to the CRTC. The second group, while smaller, was just as eloquent in defending what I’d call the status quo. By that I mean maintaining or expanding subsidies for program production; a bigger role for the CBC; and measures explicitly designed to protect broadcasters with a view, among other things, to protecting jobs in the broadcast sector. This perspective tended to cast the socio-cultural objectives of the Broadcasting Act in a favorable light.

My six minutes of fame featured a half dozen reasons as to why there’s an urgent need to reboot the Broadcasting Act, and in particular to redraw the policy goals in section 3 from the ground up.

Why we need reform

1 – The 1991 Act is older than the Web. One simple argument for reform is chronological. The 1991 Act predates the Web by six months: the first publicly available Web page was posted on the Internet in August 1991. Worse still, most of section 3 is based on what became law in 1968 – 47 years ago! The main difference is that the current version is over three times longer and now refers to “programs” and “programming” 31 times. Continue reading

The GOP hack: making Kim answer for Sony’s 10-year online war

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Sony Pictures, the White House and the FBI should get a medal for the greatest political marketing triumph of 2014.

kimjungununiformAfter the horror show following the November 24 hack of Sony Pictures by the Guardians of Peace (GOP), America rallied behind Washington’s theory that Sony was the hapless victim of a Cold War cyberattack. Kim is certainly an easy guy to dislike and no friend of the Americans – no friend of anybody but Kim for that matter. (He comes by it legitimately. His dad and predecessor once had an actor hired to play grandpa Kim Il-sung in a movie role, for which the actor underwent plastic surgery to more closely resemble a Kim; once the shoot was over, the actor was shipped off to a concentration camp.)

The triumph of Cold War marketing over any hint of Sony’s bad behavior is all the more remarkable given the nasty quarrels that have embroiled US stakeholders, press and critics of all stripes. Not to mention the fact that as recently as New Year’s Eve, cryptographer Bruce Schneier and others were still casting doubt on the official claim that the hack was carried out by the Kim regime.

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Lining up for The Interview as an exercise in patriotism

“The fact that they’re showing this movie shows that America still has a backbone regardless of the critics,” said Jay Killion, a golf pro who caught a screening at Tower City Cinemas in Cleveland.

Continue reading

Now playing at the CRTC: your precarious future on the Internet (2)

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In this post, I follow up on my comments about the first day of the CRTC’s hearing to review its framework for wholesale services in the telecom industry. Since the most significant sector to be affected is Canada’s residential broadband service, I’m summarizing evidence here that was compiled recently by the Open Technology Institute (OTI) that compares broadband in 24 cities in Europe, East Asia and the US, along with Toronto. This evidence is consistent with findings from other international studies. It shows Toronto lags far behind the broadband leaders in available speeds; in the penetration of fiberoptic platforms; in symmetric connectivity (uplink bandwidth matches downlink bandwidth); and, most seriously from a social policy perspective, in the high prices Torontonians are forced to pay. I take this evidence as a strong argument in favor of maintaining and extending the regulatory regime that ensures open access to networks for smaller, competitive ISPs – including not just legacy platforms like DSL, but also emerging fiber platforms. Unless the CRTC includes these next-generation platforms, Canada will fall even further behind in its long slide into slow and expensive broadband connectivity.

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“We are now ready to take our place as the most technologically advanced nation on the planet.” –Stephen Harper, Digital Canada 150, April 2014

Last month the Open Technology Institute released the third in a series of annual studies of broadband speeds and prices in 24 cities in the US, East Asia and Europe, plus Toronto (originally 22 cities). I wrote about OTI’s first report back in November 2012 (CRTC’s 2nd pro-consumer decree: 4 reasons not to celebrate); and I had comments a year later about the second report (Broadband data for Toronto: more bad news and getting worse). Continue reading