Groups diverge on handling of net neutrality in comms laws

Canada’s current laws implicitly protecting net neutrality are sufficient enough not to warrant its explicit enshrinement in the legislation, some groups are arguing. The Public Interest Advocacy Centre (PIAC) and Friends of Canadian Broadcasting both said in submissions to a review of the country’s communications laws that existing provisions within the Telecommunications Act sufficiently uphold the concept of net neutrality, and there is no need to add a section to the legislation dedicated to the principle. The comments follow similar ones made by telecom companies big and small at a conference in the spring last year. They said having net neutrality explicitly enshrined in law is redundant and unnecessary. The discussion about having such a principle, which stipulates that no carrier should have a hand in what runs on the networks or the internet, picked up steam following a motion to enshrine the principle in law from a Liberal MP. The Wire Report first reported on that motion by John Oliver, seeking to encourage the government to embed it in legislation. The motion, which is not legally binding, passed unanimously in the House of Commons last May. “Provided that subs. 27(2) is not amended or removed from the Telecommunications Act, there is no need for a ‘net neutrality’ section of the Act,” PIAC said in its submission, “and adding such a ‘belt and suspenders’ section would only leave ambiguity that might be exploited to reduce the protections for consumers that were won in interpreting subs. 27(2) in proceedings related to ‘net neutrality.’” The consumer interest group argued that the sections of the act can also sufficiently help the CRTC navigate the 5G world of different and new technologies, with carriers having ways of obtaining some exemptions. “We do not think that the Act must be changed to accommodate or manage 5G networks or applications, whether to weaken, clarify or remove ‘net neutrality.’” The country’s major telecoms told a House of Commons committee that there must be flexibility in the existing net neutrality framework with the advent of 5G because certain services will need to be given priority over others, such as health applications and connected cars. In a recent interview with this publication, CRTC chairman Ian Scott said the commission has “one of the best net neutrality policy frameworks in the world,” but said there are some issues with the legislation’s wording. In November, Scott said in a keynote speech the current framework “will likely be tested as needs and technology continue to evolve. There may indeed be situations relating to public safety or security, telemedicine or self-driving cars where a certain flexibility will be required and should therefore be maintained in the legislation.” While Friends argued that the current legislative framework is well-positioned to protect net neutrality principles in the future, it noted in its submission that it’s “worth exploring this issue in greater detail.” That’s because, it argues, there will be legal and illegal content over the internet -- and net neutrality only applies to legal content. “Measures to sanction illegal services or support Canadian content are not breaches of net neutrality in any respect,” it argued. The Internet Society - Canada chapter noted that the CRTC has handled the net neutrality issue well and the current provisions have “proved effective thus far” to maintain that principle. However, its submission notes that net neutrality should be “one of legislative policy and not of regulatory policy that can be changed at the discretion of the regulator or by direction of the Cabinet.” Similarly, the Canadian Internet Registration Authority (CIRA) argued that the language exists in the legislation to prevent undue preference, discrimination and influence of communications, and continues to “serve us well in the digital age.” But the “window is open to strengthen the language and explicitly enshrine net neutrality in law rather than as a matter of regulatory policy.” “Given the rapidly changing nature of internet architecture, we caution against any language that is overly technology-specific,” it added. Among the big telecom companies who have made their submissions public, Telus Corp. and Quebecor Inc. said the existing provisions are sufficient to protect net neutrality, while Rogers Communications Inc. said it "should be formally acknowledged in the Act," but allow for some flexibility. On the other end of the spectrum, there are those who believe that the current framework is not robust enough to deter future practises that would violate the framework. The Forum for Research and Policy in Communications (FRPC) made that point in its submission, arguing that the laws must include an “express statement supporting network neutrality.” Meanwhile, internet advocacy group OpenMedia said the current framework still “leaves the door open” to violations of net neutrality. It said Scott’s comments about flexibility in the framework are problematic and at odds with the federal government’s commitment to the principle. “The problem with such ‘flexibility’ is that it may be abused, as political or industry interests shift,” OpenMedia said. “We firmly believe that we cannot leave room for various interpretations or interests.” CLARIFICATION: This story has been updated to clarify it was the Canadian chapter of the Internet Society who submitted comments to the review. — With reporting by Ahmad Hathout at ahathout@thewirereport.ca and editing by Anja Karadeglija at akarad@thewirereport.ca

Groups diverge on handling of net neutrality in comms laws

Broadcast | January 18, 2019

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Groups diverge on handling of net neutrality in comms laws

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