Michael Geist

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Save the Internet - Demonstration in Vienna by Arbeitskreis Vorratsdaten (CC BY 2.0) https://flic.kr/p/GT8mgK

The CRTC’s Differential Pricing Hearing: ISPs Should Not Be Picking the Internet’s Winners and Losers

Net neutrality, the longstanding principle that Internet service providers should treat all content and applications in an equal manner faces its toughest test yet this week as the Canadian Radio-television and Telecommunications Commission (CRTC), Canada’s broadcast and telecommunications regulator, conducts a hearing on whether ISPs may engage in “differential pricing”.

My Globe and Mail column notes that differential pricing refers to instances in which ISPs adopt a non-neutral approach to content by charging one price for consumers to download or access some content, but a different price for other content. The issue – sometimes known as “zero rating” for cases in which ISPs do not levy any data charges for certain content – may sound technical, but it has huge implications for how Canadians access and pay for Internet services.

November 2, 2016 — 3 comments — Columns

16th EU-Canada Summit, 30 October 2016 by European External Action Service (CC BY-NC 2.0) https://flic.kr/p/Nz8q9J

CETA Implementation Bill Provides Reminder of the IP Cost in the Canada – EU Trade Deal

The Canadian government moved quickly from signing the trade agreement between Canada and the European Union on Sunday to tabling Bill C-30, the CETA implementing legislation, on Monday. While most of the attention has focused on the political issues surrounding CETA in Europe and the potential gains for Canadian exporters due to tariff reductions, the implementing bill provides a reminder that there are significant costs associated with CETA that have generated far less discussion. In fact, the majority of the 140-page bill features changes to Canada’s intellectual property rules, requiring changes that largely serve European interests.

Mandated reforms to patent protections (in the form of term restoration provisions) and the expansion of protections for dozens of European geographical indications was always part of the price to be paid for CETA. There were concerns expressed throughout the negotiations on both issues. Geographic indications rules grant protections to foods widely produced around the world and establish new marketing and naming restrictions on Canadian food producers. Meanwhile, the patent term restoration provisions are likely to increase health care costs in Canada by delaying the availability of generic pharmaceuticals due to the extension in the term of protection for patented pharmaceuticals.

November 1, 2016 — 5 comments — News

Joly tweet, 26 October 2016 https://twitter.com/melaniejoly/status/792342503844446208

No Minister Joly, The Internet Is Much More Than Just Movies, TV and Music

Canadian Heritage Minister Melanie Joly hosted a public meeting in Montreal last week as part of her consultation on Canadian content in the digital world. The media reports from the event included a focus on comments from musician Patrick Watson, who is quoted as saying that no one would be on the Internet if there were no movies, television or music. Reports indicate that the comment generated support in the room and from Joly. In fact, hours later, Joly tweeted out “thoughtful words from @patrickwatson ‘without culture, nobody would be on the Internet'”.

If that really represents Minister Joly’s worldview on the Internet, there should be little doubt that an Internet tax will play a key role in her future plans. Claims that no one would be on the Internet without culture is demonstrably false, but it is consistent with the argument that Internet service providers and Internet companies owe their revenues to the cultural content accessed by subscribers and they should therefore be required to contribute to the system much like broadcasters and broadcast distributors.

October 31, 2016 — 3 comments — News

Chrystia Freeland and Justin Trudeau by Joseph Morris (CC BY-ND 2.0) https://flic.kr/p/gkZzcN

Why Trudeau’s TPP Comments Undermine Freeland’s Credibility on Canada’s Biggest Trade Deal

International Trade Minister Chrystia Freeland has faced a challenging week given the possible collapse of the trade agreement between Canada and the European Union. Freeland and the Liberal government have worked hard to get CETA to the finish line with some changes to the investor – state dispute settlement rules (the rules should be dropped altogether) and frequent travel across Europe to garner support for the deal.

Back at home, the reaction to the CETA problems from the Conservative opposition has been embarrassing. Trade critic Gerry Ritz criticized Freeland, speaking of the need for adult supervision and calling on the government to get the job done. Freeland rightly called him out on the comments, but she could have also noted that the record suggests that it is the Conservatives that failed to get the job done on CETA. In April 2010, the Conservative government said it would be finished in 2011. In 2011, reports said it would be done in 2012. In October 2012, the projection was a deal by year-end. It took until the fall of 2013 for a ceremony marking an “agreement-in-principle”. That too proved to be premature as there was another event celebrating an official draft in 2014 followed by more legal drafting and the renegotiation of controversial ISDS provisions that led to the release of another text earlier this year. In other words, Freeland inherited far less than advertised on CETA and the Conservatives might not want to remind the public that their biggest trade accomplishment never actually involved a signed, final text.

The Ritz remarks have attracted attention, but comments yesterday from Prime Minister Justin Trudeau may have a longer and more damaging impact on Freeland.

October 26, 2016 — 4 comments — News

President Schulz meets Minister Freeland by Martin Schulz (CC BY-NC-ND 2.0) https://flic.kr/p/Mz3yij

The Devil is in the Details: Why CETA is on the Verge of Collapse

The seeming collapse of the trade agreement between Canada and the European Union (CETA) has created obvious disappointment for International Trade Minister Chrystia Freeland and the entire Canadian government, which made the deal as its top trade issue. Efforts to salvage CETA will undoubtedly continue, but my Globe and Mail column points out that the underlying problem with the agreement is not the complicated European political system that requires support from all member states.

Rather, it is the expansion of trade negotiations from agreements that once focused primarily on tariff reductions to far broader regulatory documents that now mandate domestic legal reforms and establish dispute resolution systems that can be result in huge liability for national governments. This enlarged approach to trade deals, which can also be found in the controversial Trans Pacific Partnership (TPP), run the risk of surrendering domestic policy choices to other countries or dispute tribunals.

If CETA were limited to tariff reductions, it would be relatively uncontroversial. The discomfort with the agreement lies instead in the mandated changes to domestic regulations and the creation of investor – state dispute settlement mechanisms that may prioritize corporate concerns over local rules.

October 25, 2016 — 2 comments — Columns