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"CRTC decision signifies that traffic management is not a free-for-all and the days of ISPs arguing that they can do whatever they please on their networks is over. That said, it also guarantees that traffic management practices such as throttling will continue and it is going to take more complaints to concretely address the issue." Michael Geist
Ottawa (23 Oct. 2009) - The Canadian Radio-television and Telecommunications Commission (CRTC) has released its decision on the Internet traffic management practices of the country's Internet service providers (ISPs) and while it indicates some progress it also leaves some large issues unanswered.
Michael Geist, law professor at the University of Ottawa and Canada Research Chair in Internet and E-commerce Law, says the decision "unquestionably advances the ball forward on several important fronts. When considering the decision, it is important to remember that 12 months ago, there was virtually no ISP disclosure of traffic management practices and even an unwillingness to acknowledge that there was an issue.
"The CRTC decision signifies that traffic management is not a free-for-all and the days of ISPs arguing that they can do whatever they please on their networks is over. That said, it also guarantees that traffic management practices such as throttling will continue and it is going to take more complaints to concretely address the issue."
CRTC responding to public pressure
The CRTC decision arises from public hearings it held in the summer of 2009 in response to growing public outcry over the throttling practices of the major ISPs.
In March 2008 the National Union of Public and General Employees (NUPGE) asked the CRTC to investigate the throttling practices of Bell Canada.
In a letter to CRTC chairman Konrad W. von Finckenstein NUPGE president James Clancy said the "National Union has become increasingly concerned about the issue of network neutrality and Canada’s lack of action to protect consumers and producers of Internet material."
This decision by the CRTC, while containing some positive steps, is unlikely to resolve the issue.
Throttling continues
The major point arising from the decision is that primary ISPs can continue Internet Traffic Management Practices (ITMPs), often referred to as throttling, to retail Internet services as they consider appropriate, without prior approval from the Commission. The onus is then on consumers, or other parties, to demonstrate to the CRTC that particular episodes of throttling are unjust.
NDP Digital Affairs critic Charlie Angus doesn't see the CRTC decision as taking a strong enough stand in the public interest.
“Basically the CRTC has left the wolves in charge of the henhouse,” Angus said.
“ISP giants have been given the green light to shape the traffic on the Internet toward their corporate interest. This decision is a huge blow to the future competitiveness of the Internet.”
Angus sees the premise of the CRTC's decision - more information being provided by the ISPs allow consumers to make an informed decision when choosing an Internet service - ignores the fact Internet services in Canada are not competitive enough for it to work.
Need for more public pressure
The CRTC decision was released just before the American Federal Communications Commission (FCC) is expected to take some clear steps toward the establishment of Internet neutrality on U.S. networks.
Many observes in Canada think that ultimately a political solution will be required.
This was the position that James Clancy advocated in a letter to the federal government.
He said that “concerns over Internet neutrality are rising and there has been a lack of action to date on the part of the government to protect consumers and producers from abusive practices such as traffic throttling … your government must act to ensure the Internet is open and accessible to all Canadians.
"Considering the challenges facing our economy, we should actively support our home grown social, cultural, and economic innovation, not punish it by allowing big telecommunication companies to strangle the lifeblood of innovation - the open Internet."
NUPGE
The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE
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