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Tag: CRTC (page 1 of 3)

Regarding Vidéotron’s Practices Related to its Mobile Wireless Unlimited Music Service

RedIn mid-October I co-authored a submission to the Canadian Radio-television and Telecommunications Commission (CRTC) with Tamir Israel, a staff lawyer with the Canadian Internet Policy & Public Interest Clinic (CIPPIC) at the University of Ottawa. Our submission was filed in support of complaints issued by the Public Interest Advocacy Centre and Vaxination Informatique against Vidéotron’s (a subsidiary of Québecor Media Inc.) newly introduced Unlimited Music service.

The complaints arose after Vidéotron announced Unlimited Music, a mobile platform that offers access to a curated list of music streaming services over Vidéotron’s mobile data network without imposing data fees on the customers (often termed ‘zero rating’). In our submission, we argue that offerings of this kind raise concerns of undue preference, unjust discrimination and, more broadly, net neutrality, as addressed by the CRTC Commission in Broadcasting and Telecom Decision CRTC 2015-26 and in the Telecom Regulatory Policy CRTC 2009-657 (extended to mobile Internet access in Telecom Decision CRTC 2010-445). By zero rating specific services or categories thereof, Vidéotron is leveraging its role as a gateway to network content in order to provide its chosen services an advantage that no other competing service can match. Doing so disrupts the neutral ecosystem that is necessary for digital innovation to continue to flourish. It also raises serious ancillary privacy questions.

Our submission begins by arguing that Vidéotron’s mobile usage billing practices constitute an economic Internet traffic management practice and that zero rating services such as Unlimited Music are generally problematic. We then discuss the likely role of Deep Packet Inspection (DPI) technologies in facilitating Vidéotron’s zero rating practices. Next, we broadly argue that Vidéotron’s Unlimited Music offering is preferential and discriminatory; in addition to constituting an undue and unreasonable preference for certain service offerings, it unjustly discriminates against complementary offerings from other online vendors that include music in their broader product offering. Moreover, there is the potential for Vidéotron to discriminate against services that are mislabelled as ‘unlawful’. We conclude by discussing some of the other potential implications of Vidéotron’s Unlimited Music service.

Download our submission // See all submissions to the CRTC

Authors

Tamir Israel

Tamir is staff lawyer with the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC) at the University of Ottawa Faculty of Law, where he conducts research and advocacy on various digital rights-related topics, with a focus on online privacy and anonymity, net neutrality, intellectual property, intermediary liability, spam, e-commerce, and consumer protection generally.

Christopher Parsons

Dr. Christopher Parsons received his Bachelor’s and Master’s degrees from the University of Guelph, and his Ph.D from the University of Victoria. He is currently the Managing Director of the Telecom Transparency Project and a Postdoctoral Fellow at the Citizen Lab, in the Munk School of Global Affairs.

Photo credit: Red by André Hofmeister (CC BY-SA 2.0) https://flic.kr/p/iKN6oT

Transparent Practices Don’t Stop Prejudicial Surveillance

In February I’m attending iConference 2012, and helping to organize a workshop titled “Networked Surveillance: Access Control, Transparency, Power, and Circumvention in the 21st Century.” The workshop’s participants will consider whether networked surveillance challenges notions of privacy and neutrality, exploits openness of data protocols, or requires critical investigations into how these surveillance technologies are developed and regulated. Participants will be arriving from around the world, and speaking to one (or more) of the workshop’s four thematics: Access Control, Transparency, Power, and Circumvention. As part of the workshop, all participants must prepare a short position statement that identifies their interest in network surveillance while establishing grounds to launch a conversation. My contribution, titled “Transparent Practices Don’t Stop Prejudicial Surveillance,” follows.

Transparent Practices Don’t Stop Prejudicial Surveillance

Controversies around computer processing and data analysis technologies led to the development of Fair Information Practice Principles (FIPs), principles that compose the bedrocks of today’s privacy codes and laws. Drawing from lessons around privacy codes and those around Canadian ISPs’ surveillance practices, I argue that transparency constitutes a necessary but insufficient measure to mitigate prejudicial surveillance practices and technologies. We must go further and inject public values into development cycles while also intentionally hobbling surveillance technologies to rein in their most harmful potentialities.

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ISPs, Advocates, and Framing at the 2011 Telecom Summit

3183290111_989c5b1bec_bEach year Canada’s leaders in telecommunications gather at the Canadian Telecommunications Summit to talk about ongoing policy issues, articulate their concerns about Canada’s status in the world of telecommunications, and share lessons and experiences with one another. This years Summit was no exception. While some commentators have accused this year’s event of just rehashing previous years’ content – it is true that each Summit does see similar topics on the conference agenda, with common positions taken each year – there are some interesting points that emerged this year.

Specifically, discussions about the valuation of telecom services regularly arose, discussions of supply and demand in the Canadian ISP space, as well as some interesting tidbits about the CRTC. For many people in the industry what I’ll be talking about isn’t exactly new; those not inside the industry’s fold, however, may find elements of this interesting. After outlining some of the discussions that took place I will point to something that was particularly striking throughout the Summit events I attended: Open Media loomed like a spectre throughout, shaping many of the discussions and talking points despite not having a single formal representative in attendance.

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Rogers, Network Failures, and Third-Party Oversight

Photo credit: Faramarz HashemiDeep packet inspection (DPI) is a form of network surveillance and control that will remain in Canadian networks for the foreseeable future. It operates by examining data packets, determining their likely application-of-origin, and then delaying, prioritizing, or otherwise mediating the content and delivery of the packets. Ostensibly, ISPs have inserted it into their network architectures to manage congestion, mitigate unprofitable capital investment, and enhance billing regimes. These same companies routinely run tests of DPI systems to better nuance the algorithmic identification and mediation of data packets. These tests are used to evaluate algorithmic enhancements of system productivity and efficiency at microlevels prior to rolling new policies out to the entire network.

Such tests are not publicly broadcast, nor are customers notified when ISPs update their DPI devices’ long-term policies. While notification must be provided to various bodies when material changes are made to the network, non-material changes can typically be deployed quietly. Few notice when a deployment of significant scale happens…unless it goes wrong. Based on user-reports in the DSLreports forums it appears that one of Rogers’ recent policy updates was poorly tested and then massively deployed. The ill effects of this deployment are still unresolved, over sixty days later.

In this post, I first detail issues facing Rogers customers, drawing heavily from forum threads at DSLreports. I then suggest that this incident demonstrates multiple failings around DPI governance: a failure to properly evaluate analysis and throttling policies; a failure to significantly acknowledge problems arising from DPI misconfiguration; a failure to proactively alleviate inconveniences of accidental throttling. Large ISPs’ abilities to modify data transit and discrimination conditions is problematic because it increases the risks faced by innovators and developers who cannot predict future data discrimination policies. Such increased risks threaten the overall generative nature of the ends of the Internet. To alleviate some of these risks a trusted third-party should be established. This party would monitor how ISPs themselves govern data traffic and alert citizens and regulators if ISPs discriminate against ‘non-problematic’ traffic types or violate their own terms of service. I ultimately suggest that an independent, though associated, branch of the CRTC that is responsible for watching over ISPs could improve trust between Canadians and the CRTC and between customers and their ISPs.

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