Last week Simon Fodden caught all of us up on the issue of "throttling" of web access by Bell Canada that broke in the news in his post When It All Goes Peer Shaped. This issue has continued to be the talk of the tech industry all week with no indication of letting up.

The crux of the story is that Canadians are being denied access to certain aspects of the Internet with ISPs Bell and Rogers making the decisions as to which parts are denied, including access to peer-to-peer downloads of CBC TV episodes to which Canadian taxpayers are legally entitled. This story is quickly making us realize that Canada may not have the web infrastructure we thought we had, and this is one way these companies are trying to deal with it; however, it feels like there has been a lack of transparency in the way they are dealing with it and presenting it to the public.

What has helped me understand this better is a post by Toronto business technology expert Sandy Kemsley on her blog Column 2: Jason Laszlo gives Bell Canada a(nother) Black Eye. In the first half of the post, she takes us through how this became an issue in the first place, and sums it up by saying:

What this all comes down to is a violation of net neutrality: Bell and Rogers are deciding which traffic on the network gets higher priority. They’re doing it now because they’ve failed to make the necessary investments in infrastructure over the years that would allow them to actually deliver what they sell, and coincidentally they choose to throttle traffic that competes with their other business areas.

She then goes on to describe the related fiasco, news of which quickly spread through the Toronto tech world yesterday: comments made by Bell Canada spokesperson Jason Laszlo on his Facebook page which denigrated the journalists covering the original story, referring to them as "lemmings". While his meaning is open to interpretation, observers agree he should not be personally discussing the situation in a semi-public forum such as Facebook. Kemsley observes:

he obviously was unaware of the impact of no privacy settings, since I was able to access his profile immediately after that even though we’re not directly connected and have no mutual friends.

His comments have further aggravated those in the Canadian tech industry. Kemsley goes on to summarize:

So what’s the lesson to be learned from this mess? The public is now aware and mobilized on the impact of traffic shaping on their daily lives, even if they haven’t yet heard the term net neutrality. To paraphrase Peter Finch’s character from Network, we’re mad as hell and we’re not going to take this anymore.

Oh, yeah, lesson #2: don’t entrust media relations for a sensitive subject to an inexperienced junior who doesn’t know well enough not to post inappropriate comments to his publicly-viewable Facebook profile.

I encourage you to read her full post to learn more.

Watch for next: informal tech industry interest groups becoming more organized to give some formal perspective and responses to the media.

Connie is the principal of Crosby Group Consulting and is also a law librarian, writer, teacher and speaker specializing in social media, knowledge management and information management. She is author of the book "Effective Blogging for Libraries" part of the award-winning Tech Set published by Neal-Schuman in 2010.
[click on the author's name for more information]

up

3 Comments on “Shaping Canadian Web Access Revisited”

  1. lance says:

    While you're revisiting throttling, you may want to take a look at the network statistics recently released by one of the third party ISPs being throttled.

    I'm stunned that there was such a huge drop in UDP because BitTorrent uses TCP for its payload. I suspect it has something to do with issues with VoIP in the presence of throttling..

  2. Thanks, Lance. It is incredible–the graphs, if they are accurate, show web traffic during throttling a third of what it was total from the previous week before it started.

  3. John Yeung says:

    You may also find it of interest to keep track of http://www.freeourbandwidth.com/
    This is a day by day account of the whole Bell Canada fiasco.
    Included is the actual filing to the CRTC from the CAIP. Details a very accurate description of Bell Canada's poor practices, however, some aspects of the filing may not be for the less technical.

    p.s. We miss you Connie. =)

SlawTips      

SlawTips Top 10 Financial Errors: #8 Always Assume More Risk Than Needed
Friday, February 3

You should assess whether you can accept the financial risks associated with taking the matter, just as clients will assess whether they can (and will) pay your fee. Spend time at the beginning of the. […] »»

Practice

SlawTips Seeing New Federal Legislation
Wednesday, February 1

Today’s Tip is a simple reminder to view by “latest activity date”. The Parliament is back in session and those Slaw Tips readers for whom monitoring legislation is a regular … »»

Research

SlawTips Top 10 Financial Errors: #7 Put Off Dealing With Underperforming Lawyers
Friday, January 27

When everyone in the firm is required to report monthly to all other partners, you instill a culture in the firm that is self-correcting. If someone fails to regularly meet their financial goals, you. […] »»

Practice

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Administrative Law - Judicial review - General - Scope or standard of review

    Ten individuals complained to the Information and Privacy Commissioner that the Alberta Teachers’ Association (ATA) disclosed, in contravention of the Personal Information Protection Act, their personal information between October 13 and December 2, ...

  • Civil Rights - Property - Search and seizure - Search - What constitutes

    The accused was charged with possession of child pornography and making available child pornography. The accused brought an application, alleging several violations of his rights under the Charter.

    The Saskatchewan Court of Queen’s ...

  • Constitutional Law - Extent of powers conferred - Double aspect doctrine - General

    In provincial references, both the Alberta Court of Appeal (510 A.R. 200; 527 W.A.C. 200) and the Quebec Court of Appeal (2011 QCCA 591), concluded that the proposed Canadian Securities Act (CSA) was unconstitutional. A ...

  • Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions regarding evidence generally

    The accused was charged with breach of trust by a public official contrary to s. 122 of the Criminal Code. The trial judge acquitted the accused. ...

  • Civil Rights - Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Delay (Charter, s. 7)

    MacIntosh was charged on three informations with a total of 43 counts of sexual offences against nine complainants in the 1970s. The first information ...

  • Real Property Tax - Valuation - Business property - Considerations

    Two breweries’ respective properties were assessed as special properties under the Assessment Act, 2006. They appealed their respective municipal tax assessments to the Review Commissioner. The Commissioner dismissed the appeals. The breweries each appealed. The appeals ...

  • Barristers and Solicitors -Duty to court - General principles - Duty of integrity

    The applicant (Girao) and Allstate Insurance Co. disputed entitlements to accident benefits. The respondent law firm represented Allstate. Girao complained to the Privacy Commissioner of Canada (PCC) against Allstate for disclosing her ...

  • Criminal Law - Sentencing - Sentencing procedure and rights of the accused - Plea bargain or joint submission - Effect of

    The accused was sentenced to two years’ imprisonment for three breaches of a recognizance under s. 810.2 of the Criminal Code. He appealed and applied ...

  • Practice - Persons who can sue and be sued - Individuals and corporations - Status or standing - Class actions - Members of class - General

    The plaintiffs were Inuit or Métis persons who were forced to attend certain residential schools in Labrador and Newfoundland. They ...


law foundation icon

The re-development
of Slaw is assisted by
a grant from the
Law Foundation of Ontario

TalkLaw/ParLoi    

This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.

Switch to our mobile site