Weekly News (Nov. 20th-26th)
Communications Governance in the News
Compiled by Charnjot Shokar
Research Assistant, Networked Communications Governance Lab
M.A. Candidate, Communication and New Media, McMaster University
Canadian News: Nov. 20-26, 2017
- [COPYRIGHT] Supreme Court of Canada to hear case on whether ISPs can charge for IDing online pirates (Globe and Mail)
- [FREEDOM OF EXPRESSION] ‘An important first step’ in protecting journalists’ sources (Toronto Star)
- [CYBERSECURITY] Canada’s democracy faces potential disruptions (Winnipeg Free Press)
- [NET NEUTRALITY] Internet activist says Trudeau government should enshrine ‘net neutrality’ in law (CP24)
- [COPYRIGHT] Music Data Confirms Huge Increase in Streaming Revenues and Sharp Decline of Music Listening from Pirated Sources (Michael Geist)
- [PRIVACY] Hackers only needed a phone number to track this MP’s cellphone (CBC News)
- [TELECOM] Bell insider reveals high-pressure sales tactics required on every single call (CBC News)
International News: Nov. 20-26, 2017
- [NET NEUTRALITY] Tim Wu: Why the Courts Will Have to Save Net Neutrality (NYT)
- [NET NEUTRALITY] I’m on the FCC. Please stop us from killing net neutrality (LA Times)
- [PRIVACY] Wireless carriers on mute as Supreme Court hears big privacy case (CNBC)
- [PRIVACY] Federal Judge Throws Out Lawsuits Over NSA’s Bulk Collection (WSJ-Subscriber Access) (Ars Technica Story)
- [MEDIA OWNERSHIP] FCC head proposes review of U.S. TV station ownership cap (Reuters)
- [CENSORSHIP] Skype pulled from Apple and Android app stores in China (Sky News)
- [PRIVACY] Germany bans children’s smartwatches (BBC News)
- [PRIVACY] Does cellphone-sweeping ‘StingRay’ technology go too far? (CTV News)
- [CENSORSHIP] Russia says Google down-ranking Sputnik, RT would be censorship (Reuters)
Press Releases and Decisions: Nov. 20-26, 2017
Supreme Court of Canada
- [IP / COPYRIGHT] Rogers Communications Inc. v. Voltage Pictures, LLC et al.(F.C.) (Civil) (By Leave) 37679 – Legislation – Interpretation, Intellectual property, Copyright – Legislation – Interpretation – Intellectual property – Copyright – What is the scope of the obligations imposed on Canadian Internet Service Providers by sections 41.25 and 41.26 of the Act – Do those obligations supplant ordinary principles from Norwich Pharmacal Co. v. Customs & Excise Commissioners (1973), [1974] A.C. 133 (UK HL) related to third-party discovery orders, and in particular, the principle that a third party should be reimbursed for the costs it incurs: Leave to appeal granted on Nov. 23
- [IP] Venngo Inc. v. Concierge Connection Inc. c.o.b. as Perkopolis, et al. (Federal Court) (Civil) (By Leave) 37680 – Intellectual property – Trade-marks, Confusion – Intellectual property — Trade-marks — Confusion — How should evidence of actual confusion impact the analysis of whether there exists a likelihood of confusion within the meaning of s. 6 of the Trade-marks Act, R.S.C. 1985, c. T-13 — How should the perspective of the hurried consumer be defined and deployed in the course of assessing whether there exists a likelihood of confusion within the meaning of s. 6 of the Trade-marks Act — What is the appropriate standard of review applicable to a decision that provides no reasons on mandatory criteria of a statutory legal test?: Leave to appeal is dismissed with costs on Nov. 23
CRTC
- [BROADCASTING] Broadcasting Decision CRTC 2017-408: Canadian Broadcasting Corporation – Halifax and Digby, Nova Scotia – APPROVED – Application to change the authorized contours of CBAF-FM-7 Digby
- [BROADCASTING] Broadcasting Decision CRTC 2017-409: Canadian Broadcasting Corporation – Toronto and Owen Sound, Ontario – APPROVED – Application to change the authorized contours of the rebroadcasting transmitter CBCB-FM Owen Sound
- [BROADCASTING] Broadcasting Decision CRTC 2017-413: Canadian Broadcasting Corporation – Toronto and Owen Sound, Ontario – APPROVED – Application to change the authorized contours of CBL-FM-4 Owen Sound, a rebroadcasting transmitter of the English-language radio station CBL-FM Toronto (Radio 2)
- [TELECOM] Telecom Order CRTC 2017-410: Streamlined order – The Commission approves on an interim basis the following tariff application: Bell Canada TN 7548
- [TELECOM] Telecom Order CRTC 2017-411: Public Interest Advocacy Centre (PIAC) – Determination of costs award with respect to the participation of the Public Interest Advocacy Centre in the proceeding that led to Telecom Decision 2017-171 – File numbers: 8640-B2-201602326 and 4754-525
- [TELECOM] Telecom Order CRTC 2017-412: Determination of costs award with respect to the participation of the Public Interest Advocacy Centre in the proceeding that led to Telecom Regulatory Policy 2017-235 – File numbers : 1011-NOC2016-0333 and 4754-543
Innovation, Science and Economic Development Canada
- [WIRELESS] Ottawa aims to attract technology companies and jobs with next-generation mobile test site: The Government of Canada’s Communications Research Centre (CRC) and the City of Ottawa have set up a world-leading 5G test site at Ottawa City Hall. Technology companies and other 5G collaborators are invited to learn from the CRC’s leading work on 5G and showcase their own innovations in the heart of the nation’s capital
- [BROADBAND] 360 communities in Quebec to benefit from faster Internet: Up to 100,000 households in 360 rural and remote communities in Quebec will be able to do business online, participate in distance education and search for jobs online thanks to a joint federal-provincial investment of up to $290 million in high-speed Internet.
Canadian Heritage
- [CULTURAL FUNDING] Canada Will Assume Presidency of TV5 in 2018 and 2019: Presidency of TV5: Switzerland passes the torch in Canada
Infrastructure Canada
Office of the Privacy Commissioner
- [PRIVACY] International authorities from Asia Pacific region discuss privacy issues, research and trends during APPA Forum: Over the three days, APPAmembers and invited guests shared insight and perspectives under the theme of partnering for research, discussed global privacy trends, exchanged domestic experiences and sought opportunities for joint regulatory guidance and enforcement activities across the Asia Pacific Region
Copyright Board Canada
- [COPYRIGHT] Notice of the Board CB-CDA 2017-142: In response to Notice 2017‐139, SOCAN provided a list of parties that have not objected to its proposed tariffs. This list did not identify to which particular proposed tariff the parties have not objected. SOCAN shall refile forthwith a list (per tariff) of the parties that have not objected to its proposed tariffs.
Upcoming Events: Nov. 27-Dec. 3, 2017
Supreme Court of Canada
- [LIBEL / CHOICE OF FORUM] com, et al. v. Mitchell Goldhar (Ontario) (Civil) (By Leave) 37202 Hearing: Nov. 29 2017, 9:30AM Private international law – Choice of forum – Forum non conveniens – Applicable law – Libel action commenced in Ontario over an article published by an Israeli newspaper in print and on its websites – Motion to stay the action on the basis that Ontario courts lack jurisdiction simpliciter or, alternatively, that Israel is a clearly more appropriate forum – What are the limits, if any, to a Court assuming jurisdiction over an alleged libel on the internet simply because it is downloaded by somebody in Canada? – Further, under what circumstances, if any, can the presumption of jurisdiction be rebutted in cases of internet libel? – How should the principle of forum non conveniens apply to internet libel, in order to “temper the consequences of a strict application of the rules governing the assumption of jurisdiction” and have proper regard for the impact of these rules on freedom of expression? – Should the place of “most substantial harm” rather than lex loci delicti apply to determine the applicable law in defamation actions?
Senate of Canada
- Planned and possible Senate sitting days this week: Nov. 27-30
- [SECD] National Security and Defense – Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States: Nov. 27
- [SOCI] Social Affairs, Science and Technology – Bill C-36, An Act to amend the Statistics Act: Nov. 29
- Appearance by The Honourable Navdeep Bains, P.C., M.P., Minister of Innovation, Science and Economic Development (4:15-5:15pm)
- [TRCM] Transport Communication – Study on the regulatory and technical issues related to the deployment of connected and automated vehicles: Nov. 28
Canadian House of Commons
- Planned House of Commons sitting days this week: Nov. 27-30
- [ETHI] Access to Information, Privacy & Ethics – Privacy of Canadians at Airports, Borders, and Travelling in the United States & Briefing on the Lobbying Act: Nov. 27 & 29
- [CIIT] International Trade – Priorities of Canadian Stakeholders Having an Interest in Bilateral and Trilateral Trade in North America, Between Canada, United States and Mexico & Global Affairs Canada Update on Certain International Trade Agreements Negotiations: Nov. 27 & 29
CRTC
- Anticipated releases for the week of 27 November to 1 December, 2017
- Broadcasting Decisions
- Application by Ethnic Channels Group Limitedto add INSIGHT UHD to the List of non-Canadian programming services and stations authorized for distribution
- Application by the Canadian Broadcasting Corporationto change the authorized contours of CBQL-FM Savant Lake, a rebroadcasting transmitter of CBQT-FM Thunder Bay
- Application by Rogers Media Inc.to amend the broadcasting licence for the national, multilingual multi-ethnic discretionary service OMNI Regional
- Decisions related to the applications listed below, considered by the Commission at the 15 June 2017 public hearing:
- Radio Communautaire Francophone et Francophile de l’Outaouais
Application 2016-1312-5 - Radio Vallacquoise inc.
Application 2016-1153-3
- Radio Communautaire Francophone et Francophile de l’Outaouais
- Broadcasting Regulatory Policy
- Renaming of Spike TV as Paramount Network on theList of non-Canadian programming services and stations authorized for distribution
- [BROADCASTING] Toronto, Ontario – Broadcasting Notice of Consultation CRTC 2017-316: The Commission will consider various applications Hearing: Nov. 27, 2017
- [BROADCASTING] Broadcasting Notice of Consultation CRTC 2017-359: Call for comments on the Governor in Council’s request for a report on future programming distribution models 2017-359-1 – New deadline for submission of comments: 1 December 2017
- [BROADCASTING] Broadcasting Notice of Consultation CRTC 2017-404: Call for comments on amendments to the Broadcasting Distribution Regulations: Deadline for the receipt of comments is 11 December 2017
- [TELECOMMUNICATIONS] Compliance and Enforcement and Telecom Notice of Consultation CRTC 2017-405: Call for comments: Implementation of universal blocking of calls with blatantly illegitimate caller identification; Deadline for submission of interventions: 18 December 2017
- [TELECOM] Telecom Notice of Consultation CRTC 2017-259-1: Call for comments – Reconsideration of Telecom Decision 2017-56 regarding final terms and conditions for wholesale mobile wireless roaming service – New deadline for second phase of interventions: 27 October 2017 – New deadline for further comments on second phase of interventions: 3 November 2017 – Revised deadline for final submissions: 1 December 2017 – File number: 1011-NOC2017-0259
- [BROADCASTING] Broadcasting Notice of Consultation CRTC 2017-365-1: Notice of hearing 30 April 2017 – Gatineau, Quebec – Applications for the renewal of services with mandatory distribution on the basic service pursuant to section 9(1)(h) of the Broadcasting Act – New deadline for submission of interventions/comments/answers: 8 December 2017- New deadline for submission of the applicants’ replies: 18 December 2017
- Broadcasting Decisions
Office of the Privacy Commissioner
- [PRIVACY] Privacy commissioner seeks feedback on draft consent guidance: Deadline for feedback has been extended to Dec. 4
Copyright Board Canada
- [COPYRIGHT] Notice of the Board CB-CDA 2017-143: Following the emails received earlier today on behalf of CSI and CMRRA and Counsel for the “Networks”, the deadline to respond to Notice 2017‐138 is hereby extended to Friday, December 1, 2017