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		<title>Transcript: The iTax &amp; Fair Dealing Search Engine&#8217;s Jesse Brown interviews Charlie Angus</title>
		<link>http://bob.jonkman.ca/blogs/2010/04/03/transcript-the-itax-fair-dealing-search-engines-jesse-brown-interviews-charlie-angus/</link>
		<comments>http://bob.jonkman.ca/blogs/2010/04/03/transcript-the-itax-fair-dealing-search-engines-jesse-brown-interviews-charlie-angus/#comments</comments>
		<pubDate>Sat, 03 Apr 2010 08:28:37 +0000</pubDate>
		<dc:creator>Bob</dc:creator>
				<category><![CDATA[Big media]]></category>
		<category><![CDATA[Internet]]></category>
		<category><![CDATA[Search Engine]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[filesharing]]></category>
		<category><![CDATA[music]]></category>

		<guid isPermaLink="false">http://bob.jonkman.ca/blogs/?p=248</guid>
		<description><![CDATA[Jesse Brown&#8217;s Search Engine, Podcast #35: The Charlie Angus Interview Jesse Brown has another great Search Engine interview on copyright, this time with Charlie Angus. Search Engine is released with a Creative Commons Attribution-Noncommercial- Share Alike 2.5 Canada License, so I can post this transcript which is released under the same license (and that won&#8217;t [...]]]></description>
			<content:encoded><![CDATA[<div style="float:right;width: 400px;border:thin solid black;background: #eee"><a href="http://www.tvo.org/cfmx/tvoorg/searchengine/index.cfm?page_id=613&amp;action=blog&amp;subaction=viewPost&amp;post_id=12282&amp;blog_id=485" title="TVO - Search Engine, Podcast #35, The iTax &amp; Fair Dealing Search Engine's Jesse Brown interviews Charlie Angus"><img src="http://bob.jonkman.ca/blogs/files/2010/04/SearchEngine35.jpg" alt="The Charlie Angus Interview" width="371" height="358" class="size-full wp-image-261" /></a><br />Jesse Brown&#8217;s Search Engine, Podcast #35: The Charlie Angus Interview</div>
<p>Jesse Brown has <a href="http://www.tvo.org/cfmx/tvoorg/searchengine/index.cfm?page_id=613&amp;action=blog&amp;subaction=viewPost&amp;post_id=12282&amp;blog_id=485" title="TVO - Search Engine, Podcast #35, The iTax &amp; Fair Dealing Search Engine's Jesse Brown interviews Charlie Angus">another great Search Engine interview</a> on copyright, this time with  Charlie Angus.   Search Engine is released with a <a href="http://creativecommons.org/licenses/by-nc-sa/2.5/ca/" title="Creative Commons &mdash; Attribution-Noncommercial-Share Alike 2.5 Canada">Creative Commons Attribution-Noncommercial- Share Alike 2.5 Canada License</a>, so I can post this transcript which is released under the same license (and that won&#8217;t hurt Jesse&#8217;s feelings).
</p>
<p>You can <a href="http://www.tvo.org/podcasts/searchengine/audio/800825_48k.mp3" title="Podcast: The iTax and Fair Dealing (MP3, 8.2 MBytes)">Listen to the podcast</a> while you read the transcript.</p>
<hr />
<p><a href="#ca0000" id="ca0000" title="Time: 00:00">[00:00]</a> [theme music]
</p>
<p><a href="#ca0015" id="ca0015" title="Time: 00:15">[00:15]</a> Jesse Brown: Charlie Angus, as many of you know, is the NDP<br />
Member of Parliament who&#8217;s been the sole voice of reason in Parliament<br />
on digital issues. He&#8217;s the NDP&#8217;s copyright critic, and he&#8217;s really the<br />
only guy who&#8217;s asking tough question, loud questions, and the right<br />
questions when Jim Prentice tabled Bill C61 a couple of years back, and<br />
since then he&#8217;s been the only guy in Parliament trying to shed some<br />
light on the ongoing secret ACTA negotiations. None of this, however,<br />
has gotten Charlie Angus a whole lot of press outside of, uh, geeky<br />
press like this. What has gotten Charlie Angus in the papers,<br />
nationally, in a big way, is a recent Private Member&#8217;s Bill he just<br />
introduced that proposes to extend the blank media levy to MP3 players.<br />
Which means that the tax we pay every time we buy a blank CD or<br />
mini-disk as we do all the time these days, would, under Angus&#8217;s<br />
proposal, be extended to MP3 players like iPods. The media is calling it<br />
the iTax and Charlie Angus&#8217;s opponents, notably Heritage Minister<br />
James Moore, have seized upon it. And Charlie Angus has been taking<br />
something of a beating for putting forth a piece of legislation that his<br />
critcs say could result in a 75 dollar tax fee for consumers any time they buy<br />
anything from an MP3 player to a laptop.
</p>
<p><a href="#ca0134" id="ca0134" title="Time: 01:34">[01:34]</a> Now, the outrage over the iTax has obscured another<br />
piece of legislation that Charlie Angus has introduced. It is a proposal<br />
to extend the notion of Fair Dealing in Canada, a principle you&#8217;ve heard<br />
a lot about on this program. Of course, in the States they have Fair Use<br />
exceptions which govern the circumstances in which copyright doesn&#8217;t<br />
apply. We have Fair Dealing here in Canada, it&#8217;s much more<br />
restrictive, and it&#8217;s one of the chief things that copyright reform<br />
activists have been asking for. Well, Charlie Angus has introduced a<br />
proposal to do so. But it isn&#8217;t something we&#8217;ve heard much about. I<br />
recently had a chance to correct that, and to get some clarity on this<br />
so-called iTax when I interviewed Charlie Angus in person in Toronto.<br />
Here&#8217;s how that sounded.
</p>
<p><a href="#ca0216" id="ca0216" title="Time: 02:16">[02:16]</a> [music fades]
</p>
<p><a href="#ca0219" id="ca0219" title="Time: 02:19">[02:19]</a> JB: Hi Charlie.
</p>
<p><a href="#ca0220" id="ca0220" title="Time: 02:20">[02:20]</a> Charlie Angus: Hi, how are you?
</p>
<p><a href="#ca0222" id="ca0222" title="Time: 02:22">[02:22]</a> JB: Pretty good. So explain to me the iTax.
</p>
<p><a href="#ca0225" id="ca0225" title="Time: 02:25">[02:25]</a> CA: Well, this has been a classic Canadian compromise for some<br />
time, something that the major, you know, CRIA, major record labels have<br />
never really liked. But, it was a recognition that, listen, people are<br />
copying music all the time. How do we find a monetizing stream? So, back<br />
in the nineties they decided that for every cassette people bought,<br />
fifteen, twenty cents would go to an artists&#8217; fund. That was included in<br />
the CDs because people were burning lots of CDs, but nobody is using<br />
those technologies any more. So the question is, where do we go to next<br />
level? I actually decided to bring this motion forward not so much<br />
because I&#8217;m interested in the technicalities of a levy or not, but<br />
because what&#8217;s missing from the conversation on copyright is two<br />
important issues. One is, how are we going to access works, that&#8217;s the<br />
Fair Dealing, and how are we going to compensate artists? Up &#8217;til now<br />
the debate has been lock down or the libertarian digital new world where<br />
everything should be free, but lost among those two poles is the issue<br />
that music is being copied, art is being traded, and nobody&#8217;s getting<br />
paid. So either we lock down and litigate, or we have to start looking<br />
at means to compensate. So I decided I would kick the ball up the field<br />
and see what happened.
</p>
<p><a href="#ca0342" id="ca0342" title="Time: 03:42">[03:42]</a> JB: And I guess we should frame it all with that in mind because<br />
this is a Private Member&#8217;s Bill and it&#8217;s unlikely this is going to<br />
become law. But this is a proposal you put forth and you say that it&#8217;s<br />
been missing from the conversation this question of compensation but in<br />
fact, this levy has existed, as you say, on things like blank CDs for<br />
ten years, 180 million dollars I think is the figure that&#8217;s been<br />
collected for artists. So this isn&#8217;t a new idea, you&#8217;re talking about<br />
extending it away from these CDs that nobody uses any more to things<br />
like iPods. So, what would it cost if this went through? I mean this is<br />
what you&#8217;re proposing, so what would it cost for a 64 Gigabyte iPod<br />
which is what they&#8217;re selling now.
</p>
<p><a href="#ca0413" id="ca0413" title="Time: 04:13">[04:13]</a> CA: Well, this is a very interesting thing. James Moore was out<br />
with his Twitter account immediately denouncing this killer tax, we&#8217;ll<br />
fight the tax to the death, and you know, no taxation without digital<br />
representation, or some, some crazy talk. And they threw out this figure<br />
of 75 dollars. What was brought before the copyright board in 2005 was<br />
anywhere from two dollars for small MP3 player might hold five, six<br />
hundred songs, a thousand songs, up to about 20 dollars. So that&#8217;s the<br />
realm of what&#8217;s out there. I think, when you talk about monetizing,<br />
finding a monetizing model that works, at the end of the day there&#8217;s<br />
going to be that tipping point. The consumers aren&#8217;t going to pay an<br />
extraordinary amount to access their music. But if it&#8217;s a reasonable<br />
fee, if it&#8217;s a fee you don&#8217;t really notice on top of it, I think it goes<br />
to the areas where we need to start looking at, so the levy already<br />
exists, and it has been in place. It&#8217;s been part of Canadian copyright<br />
law for some time. So I figured, well, rather than trying to invent a<br />
new form of compensation there&#8217;s one out there, let&#8217;s get the discussion<br />
on compensation going by saying we&#8217;re going to need to update this or<br />
it&#8217;s going to fall by the wayside.
</p>
<p><a href="#ca0522" id="ca0522" title="Time: 05:22">[05:22]</a> JB: OK, but just to get the brass tacks of this, uh, they are<br />
bandying about figures like 75 dollars, and then if it is based on the<br />
Gigabyte storage of the device, we&#8217;re talking about, we&#8217;re in an era now<br />
where they&#8217;re making 100 dollar drives that can hold a Terabyte of data.<br />
So if the levy is tied to the storage space we&#8217;re, we could get up there<br />
into the hundreds for this levy. But you&#8217;re saying it&#8217;s not. You&#8217;re<br />
saying we&#8217;re talking about a maximum 20 dollars.
</p>
<p><a href="#ca0544" id="ca0544" title="Time: 05:44">[05:44]</a> CA: This is, this is what was brought forward. And again, these<br />
are the fights that go back to the copyright board. Um, the 75 dollar<br />
figure is the one the Tories have been bandying about, it wasn&#8217;t in any<br />
of the proposals previously, uh, so we were, we were looking in the area<br />
two to 20 dollars. But again, we gotta get to the bigger issue. It&#8217;s all<br />
well and good to say we&#8217;re going to have access, it&#8217;s all well and good<br />
for the lobbyist to demand lockdown, but it&#8217;s not realistic. So how are<br />
we going to find a new way forward. And I think that&#8217;t the conversation<br />
we could have in Canada. We could actually move towards a progressive<br />
copyright model where we&#8217;re not suing single moms for their homes. But<br />
if we&#8217;re not suing single moms for their homes we have to find some<br />
other sources of revenue to compensate for the music that&#8217;s being<br />
traded.
</p>
<p><a href="#ca0630" id="ca0630" title="Time: 06:30">[06:30]</a> JB: But this isn&#8217;t an abstract converstation. We have the<br />
example of the last ten years of the CD blank media copying levy to look<br />
at. And how successful do you feel that has been in compensating artists<br />
for their work as basically trying to find a way to make up for whatever<br />
revenue is lost in lost CD sales?
</p>
<p><a href="#ca0647" id="ca0647" title="Time: 06:47">[06:47]</a> CA: Well, to be quite clear, nothing is going to make up for the<br />
loss of the immense music that&#8217;s been trafficked. But it never was intended<br />
in the original levy was to say, listen, a part of the stream we will<br />
compensate for. And I think the artists have recognized and, and you know, a lot<br />
of Canadian bands are really into the new digital models that are out<br />
there, but I&#8217;ve been speaking to them about the levy, and they said,<br />
listen, you know, it&#8217;s not perfect, but we&#8217;re starting count more<br />
and more on this revenue because what else we have? We&#8217;re down to T-shirt<br />
sales to keep going in some areas.
</p>
<p><a href="#ca0720" id="ca0720" title="Time: 07:20">[07:20]</a> JB: The CPCC has said before that artists need this to survive<br />
and this has been one of the biggest sources of their revenue. Howard<br />
Knopf had a look at the numbers, and he broke it down and estimated that<br />
if every artist who got something out of this got an equal amount, the<br />
average is something like 160 dollars a year. But of course, they don&#8217;t<br />
all get an equal amount. It&#8217;s based on sales figures, and it&#8217;s based on<br />
FM radio play. So you find a situation where a band like U2 might<br />
actually do very well from this blank media levy, but a band like your<br />
old band, who might get more play on college radio and the sales are<br />
being done through little shops that don&#8217;t necessarily make a dent in<br />
the soundscape, that don&#8217;t even get counted, so it&#8217;s an odd situation<br />
where it&#8217;s entirely possible that a band like yours might have gotten 80<br />
bucks a year, and Canadians are paying Dave Matthews every time they buy<br />
a blank CD.
</p>
<p><a href="#ca0809" id="ca0809" title="Time: 08:09">[08:09]</a> CA: Well, I think the reality with copyright is, the people who have<br />
hit songs have always done well. People who&#8217;ve had number one songs can<br />
build a home with it. And the rest of us continue to struggle in grimy bars.<br />
That&#8217;s the reality of copyright. It&#8217;s not a socialist utopian system.<br />
But I can tell you from having tried to feed my family on copyright, and<br />
it is pretty damn hard to feed a bunch of kids on, on copyright cheques.<br />
You know, artists rely on a variety of streams, the SOCAN stream, radio<br />
play, does, does the levy need to be more accountable? Perhaps, but even<br />
when you&#8217;re talking about artists who might get fifteen hundred dollars<br />
from that levy, that can make the difference between going back to the<br />
studio or not going back to the studio. That&#8217;s how tenuous we are right<br />
now for so many Canadian artists in, in the music business.
</p>
<p><a href="#ca0858" id="ca0858" title="Time: 08:58">[08:58]</a> JB: Here&#8217;s a problem that a lot of people have with this.<br />
There&#8217;s an assumption that is made that music copying is what this is<br />
going to be used for. I have used mini-disks for years. That&#8217;s what we<br />
used when we went on the field to do radio work. We go through these<br />
things like crazy. And every time I bought a mini-disk I was paying, I<br />
don&#8217;t know, 25 or 28 cents, a lot of which went to, you know, Bono.<br />
Canadians I think really care about this basic concept of fairness. And<br />
in an era where devices are not so specific as that I think people just<br />
have a basic problem with the assumption that they&#8217;re going to be using<br />
any media to copy music when they may not be using it for that at all.
</p>
<p><a href="#ca0932" id="ca0932" title="Time: 09:32">[09:32]</a> CA: Well, one of the funny things that&#8217;s happened over the last<br />
week is I never met so many digital virgins in my life. Oh, I&#8217;ve never<br />
done that. Never me. I&#8217;ve got people telling me I don&#8217;t use my MP3<br />
player to listen to copyrighted music, I listen to other things. It&#8217;s<br />
like well, what, I wonder which, I&#8217;d love to find out what you&#8217;re<br />
listening to if you&#8217;re not listening to copyrighted music. The reality<br />
of the levy is to say, listen, it&#8217;s not about every single copy is, is<br />
covering off the loss of a song. It&#8217;s saying here&#8217;s probably the only<br />
place we can find a revenue stream. It&#8217;s a small revenue stream, but<br />
everybody trades music. I trade music, my kids trade music, I buy music,<br />
I trade copies with my kids, my friends, it&#8217;s going on. So when the last<br />
week I&#8217;ve had everyone e-mailing me, Facebooking me, saying I&#8217;ve never<br />
traded songs so I shouldn&#8217;t have to pay, well, sort of like, there&#8217;s a<br />
friend artist said to me the other day, said well, I know people who don&#8217;t<br />
have kids they still have to pay into the public education system.<br />
Either we&#8217;re going to create a system that tries to find a means to<br />
compensate for the music, or we&#8217;re going to go to the U.S. model, or the<br />
European model of lockdown and litigation, and I don&#8217;t think that those<br />
are progressive models, so I think a couple of bucks on my iPod might be a<br />
good solution. It might, there might be a better solution out there, but<br />
we need to start having that conversation. And we need to have it now.
</p>
<p><a href="#ca1052" id="ca1052" title="Time: 10:52">[10:52]</a> JB: Are those the only two options? I mean, that conversation,<br />
how do musicians get paid is being had by no-one more passionately than<br />
musicians who are finding all kinds of creative ways to get paid in this<br />
new paradigm. I guess what I&#8217;m asking is, is this a problem that<br />
government can fix? I mean, we&#8217;re, we&#8217;re taking about a, such a fast<br />
moving area with technology, I think we&#8217;re only a year or two away from<br />
a point where it&#8217;s not even going to be about solid state hard drives in<br />
our pockets, but you know, your storage is going to be in the cloud, and<br />
your device is going to get it through the Internet, so you know, taxing<br />
a storage device won&#8217;t even make sense in a matter of months,<br />
potentially.
</p>
<p><a href="#ca1125" id="ca1125" title="Time: 11:25">[11:25]</a> CA: Well, I, again, I made the decision to raise issue of the<br />
levy because I think the bigger philosophical discussion has to happen. And<br />
people are looking to government to make legislative changes that could<br />
have profound implications, and I find everybody on all sides of<br />
the copyright debate tend to speak in apocalyptic language, and<br />
everybody on the other side is either the evil corporate enemy, or the<br />
evil bandit thieves, some third-world booty criminal bazaar. None of<br />
that I think at this point is helpful. I&#8217;m hoping we&#8217;re ready to have<br />
the adult conversation on copyright and you&#8217;re right, technology is<br />
changing a lot. If we brought copyright legislation in five years ago I<br />
think, I know the push for politicians was to try and pretend this was<br />
1996 and push back the clock. Clock&#8217;s not going back. Is the levy a<br />
stop-gap measure? Probably is. But we&#8217;re not having the conversation<br />
about how artists should be paid. I know artists who are doing<br />
phenomenally creative stuff, Canadian artists perhaps more than any<br />
other group of musicians in the world, I think, have taken the Internet<br />
by force because our markets are small, because it&#8217;s so hard to travel.<br />
I mean I&#8217;ve travelled between Winnipeg and Regina and Calgary, and know<br />
how hard it is to maintain those markets. But that being said, it<br />
doesn&#8217;t compensate for the loss of music when you put twenty or thirty<br />
thousand dollars into a recording and people are making copies, you<br />
should be able to get your share.
</p>
<p><a href="#ca1249" id="ca1249" title="Time: 12:49">[12:49]</a> JB: We may never agree on this, but the idea that when an<br />
industry shift and things move around they&#8217;re not going to compensate<br />
exactly. The new ways of making money are not going to immediately<br />
compensate for what was lost. I think traditionally they&#8217;ve ususally<br />
ultimately exceeded the old way, in terms of opportunities that technology has<br />
brought out, what VHS brought to the movie inudstry. But in the short term<br />
people suffer, and it seems like you&#8217;re suggesting a greater role for<br />
government and creating a stop-gap measure to ameliorate that suffering.
</p>
<p><a href="#ca1316" id="ca1316" title="Time: 13:16">[13:16]</a> CA: People are looking to government right now to update our<br />
copyright legislation, and people are suggesting a lockdown, they&#8217;re<br />
suggesting searching your iPod at the airports, they&#8217;re suggesting<br />
forcing your ISP to snoop on you so that whatever you download you get<br />
the three strikes provision and you&#8217;re out. That&#8217;s where we&#8217;re going<br />
unless we can begin to say, no, the role of government is to find a way<br />
to allow access but if we&#8217;re allowing access we&#8217;re also going to have to allow<br />
something for copyrighted works. And as you said in terms of the uh,<br />
short term business models change, and I&#8217;m fully aware of what the<br />
roller piano did, and how it was a threat to musicians, and how the<br />
record player was a threat to musicians, and then radio was a threat to<br />
the record companies, I mean we went on and on and on, and each time we<br />
change. But we&#8217;re not in a short period, we&#8217;re in a very long dramatic<br />
transformation of every level of industry and the reality is, and<br />
musicians fully know this more than anyone, they&#8217;re never going to be<br />
compensated fully for what&#8217;s going on out there. They&#8217;re not expecting<br />
to be. But they&#8217;re saying there has to be some revenue stream so it&#8217;s<br />
either on the levy, it&#8217;s either going to be in, in the form of something<br />
else, or it&#8217;s giong to be in the form of the coporate, uh, lockdown, and<br />
I don&#8217;t want to go down that road.
</p>
<p><a href="#ca1430" id="ca1430" title="Time: 14:30">[14:30]</a> JB: I guess one concern I have is that, uh, like you&#8217;ve said a<br />
couple of times, the bigger question is what we&#8217;re going to do with<br />
copyright on a larger scale in this county. And I think there are some<br />
problems with the fairness of this levy, and I hope they don&#8217;t obscure<br />
whatever, uh, argument for common sense is being made in that larger<br />
question. Let&#8217;s, let&#8217;s, let&#8217;s talk about that larger question, let&#8217;s<br />
talk about Fair Dealing itself. We cover all aspects of copyright reform<br />
on this show. The parody exception is of particular interest to me, and<br />
just bring listeners up to speed on this, Fair Use in the United States,<br />
of course, allows for exceptions to copyright when you&#8217;re making fun of<br />
stuff. And Jon Stewart can play clips of what&#8217;s happening in the Senate<br />
if he&#8217;s making fun of it. We have an exception under Fair Dealing in<br />
Canada for news coverage and criticism. We don&#8217;t have one for parody,<br />
for satire. Is that covered in this new approach to Fair Dealing that<br />
you&#8217;re proposing?
</p>
<p><a href="#ca1522" id="ca1522" title="Time: 15:22">[15:22]</a> CA: Well, the uh, the changes actually sort of broaden it so<br />
that there&#8217;s the principle of Fair Dealing because that, it&#8217;s been<br />
recognized by the Supreme Court, as the user has a right to Fair Dealing<br />
but right now it&#8217;s on a case by case basis. You have to prove it every<br />
time. We actually have in the Copyright Act of Canada 1997 that they<br />
made it legal to write on an easel with a marker if you were in a<br />
classroom. And it&#8217;s actually says that.
</p>
<p><a href="#ca1549" id="ca1549" title="Time: 15:49">[15:49]</a> JB: And they say we&#8217;re lax on copyright, that has to be written<br />
down.
</p>
<p><a href="#ca1551" id="ca1551" title="Time: 15:51">[15:51]</a> CA: I, I think we show how just, uh, retentive we are on them.<br />
Again, the Fair Dealing motion, I wasn&#8217;t too concerned about exactly how<br />
the wording was going to be. I looked around for what good models were<br />
out there, and it&#8217;s general to allow for criticism, to allow for<br />
research, to allow for parody, because tying it with the levy is to<br />
say, listen, on the last few rounds of copyright you guys have missed<br />
out key elements, so here we are, I&#8217;m putting it out, here&#8217;s the flag,<br />
everyone can start shooting at it now. But we need to have the Fair<br />
Dealing discussion at the same time we&#8217;re talking about compensation.
</p>
<p><a href="#ca1622" id="ca1622" title="Time: 16:22">[16:22]</a> JB: Let&#8217;s talk about Minister Moore and Minister Clement. You&#8217;re<br />
the NDP&#8217;s copyright critic, so it&#8217;s your job to critise the<br />
Conservative&#8217;s approach to copyright. There is a conception, and, you<br />
know, I feel that these guys get it more than the last guy. And that<br />
we&#8217;re better off with Moore and Clement than we were were with Prentice.<br />
Do you agree?
</p>
<p><a href="#ca1646" id="ca1646" title="Time: 16:46">[16:46]</a> CA: Well, I mean, Jim Prentice is from my home town, so I have to always<br />
say something nice about him, but, um, Bill C61 was a dog&#8217;s breakfast of<br />
trying to find rules and exemptions and it was all again making the<br />
digital lock sacrosanct so you could not under any circumstance break a<br />
digital lock. I find that the Tories live in a nuance-free zone. They&#8217;re<br />
either really tough on crime, or their new thing is they&#8217;re tax<br />
fighters. So it depends on what hat they&#8217;re wearing. So the last time<br />
they were wearing the hat it was tough on crime. We&#8217;ve got to stop these<br />
kids from breaking in and stealing little old ladies&#8217; cassettes.<br />
[laughs] Digital product. What I find funny with Clement and Moore this<br />
last week, um, in terms of the response to me, was I found it was a<br />
little juvenile. I mean, here I am in the fourth party putting out a<br />
Private Member&#8217;s Bill that everybody knows isn&#8217;t going to be debated,<br />
and there&#8217;s Jimmy with his tweet saying death to taxes, we&#8217;ll fight<br />
taxes, and uh, and I was thinking this is amazing in a way, uh, he<br />
probably inadvertently went further than the Pirate Party in Sweden has<br />
ever gone in that copyright is a tax that has to be fought to the<br />
death. So I don&#8217;t know if he thought that through, but it&#8217;s uh, again<br />
I&#8217;m encouraging Tony and James to have a, let&#8217;s put down the Tory<br />
rhetoric and war machine for a second and discuss the issue.
</p>
<p><a href="#ca1806" id="ca1806" title="Time: 18:06">[18:06]</a> JB: I don&#8217;t mean to keep harping on this, but didn&#8217;t you hand<br />
them that one? I mean, that&#8217;s a crowd pleaser every time, you know. That<br />
they&#8217;re the guys that are trying to stop the, the NDP from taxing your<br />
iPod. In all of your criticism of them up to date you&#8217;ve got to be the<br />
guy arguing common sense and appealing in that basic level to kind of,<br />
you know, Joe Public, and, and, you know, you kind of gave them like a<br />
freebie, I think there&#8217;s a reason why they seized upon that bill of<br />
yours.
</p>
<p><a href="#ca1828" id="ca1828" title="Time: 18:28">[18:28]</a> CA: Well, I actually think it was dumbing it down to an even<br />
lower level than we&#8217;ve been in the past, where I mean, I&#8217;ve always<br />
spoken about the need to represent the public interest. But when the<br />
Conservatives are saying, listen, we already have governement programs<br />
for artists, so we&#8217;re not going to, we hate taxes. Are they saying that<br />
because we have the Canada Council means you can do whatever you want,<br />
downloading whatever you, you think. I mean, that&#8217;s, that&#8217;s a very<br />
libertarian argument that the Conservatives on the other hand with their<br />
tough on crime approach wouldn&#8217;t support. And so sure, they want to get<br />
the one up on me, but it&#8217;s not the level of debate we need on this.<br />
We&#8217;ve got to get serious about this. I&#8217;d like to sit down with Tony<br />
Clement, sat down with him a number of times, talked about copyright,<br />
but I want to know that at the end of the day they&#8217;re looking at the big<br />
picture and I&#8217;m never convinced with these guys that they are, but I&#8217;m<br />
always optimistic that somebody after all these years is going to see<br />
common sense and figure we&#8217;ve got to start moving forward instead of<br />
trying to go back.
</p>
<p><a href="#ca1930" id="ca1930" title="Time: 19:30">[19:30]</a> JB: Do they get it, at least? I mean, it seemed like Minister<br />
Prentice when he was in charge of this didn&#8217;t have a basic understanding<br />
of the technology itself. And Moore has, has made a big show of putting<br />
an iPod on his web page and he tweets and, uh, he seems to be<br />
advertising the fact that they are much more digitally literate than<br />
their precedessor. Do you get that sense?
</p>
<p><a href="#ca1948" id="ca1948" title="Time: 19:48">[19:48]</a> CA: Well, I mean they&#8217;re, they&#8217;re certainly putting on a big<br />
show. I mean, James is the iPod minister, he&#8217;s the guy who can say<br />
everything he knows about the world in 140 characters. So that&#8217;s, that<br />
apparently makes you on Parliament Hill really hot and smart. But at the<br />
same time we have the government over in Seoul negotiating on ACTA,<br />
provisions that would completely undermine Canada&#8217;s right to establish<br />
new copyrights. So what is it, boys? Are you guys out there with your<br />
10,000 songs on your iPods fighting for digital rights and death to<br />
taxes, or are you over in the ACTA negotiations, supporting some very<br />
regressive moves that could really undermine the depth, development<br />
digital economy. I&#8217;d like them to come clean with this, and say where they&#8217;re<br />
going in terms of digital planning and where they&#8217;re going to go with<br />
legislation.
</p>
<p><a href="#ca2034" id="ca2034" title="Time: 20:34">[20:34]</a> JB: Is it possible they don&#8217;t even know? Is it possible that<br />
while they were trying to kind of push forward the ball on copyright and<br />
take these consultations into a new bill, that the whole question got<br />
swiped from them by ACTA and, I guess, handed over to Peter van Loan?
</p>
<p><a href="#ca2047" id="ca2047" title="Time: 20:47">[20:47]</a> CA: I think very my, my real concern is that there are two plays<br />
going on, as you point out. One is they, they realize that bill C61<br />
they were way off base, nobody bought into Bill C61. It was DOA the day<br />
it was announced. So they went and they did this slap-dash tour across<br />
Canada and they heard people are active, people are passionate,<br />
everybody&#8217;s involved in copyright. So they&#8217;ve been working on how to<br />
make these provisions. My sense is they&#8217;re probably going to cool down a<br />
bit on the digital locks. Uh, there may be something in there for Fair<br />
Dealing. I don&#8217;t know what they&#8217;re going to do in terms of notice and<br />
notice, or notice and takedown. But, the PMO has another agenda as well,<br />
which is, we have to look very close to their U.S. allies, and the U.S.<br />
trade lobby puts enormous pressure on countries. Especially Canada,<br />
because they see us as the fifty-first state, to fall in line with the<br />
DMCA style legislation. So, I feel there is a bit of a schizophrenic<br />
movement, and I don&#8217;t think the Conservatives are really sure yet where<br />
they&#8217;re going to come down. The bill&#8217;s supposed to come down this,<br />
before summer, but I&#8217;ve heard that so many times that I&#8217;ll, I&#8217;ll believe<br />
it when I see it.
</p>
<p><a href="#ca2150" id="ca2150" title="Time: 21:50">[21:50]</a> JB: And, where do you think ACTA is going? I mean, just this<br />
week the entire document was leaked, it&#8217;s funny how they&#8217;re trying to<br />
lock down the world&#8217;s digital usage and they can&#8217;t lock down their own<br />
legislation. Are the fears about this justified? Is this going to be<br />
something Canada signs and if Canada signs it, is it going to get<br />
ratified into law?
</p>
<p><a href="#ca2109" id="ca2109" title="Time: 21:09">[21:09]</a> CA: I&#8217;m very disturbed about ACTA because I feel if you&#8217;re going<br />
to negotiate international treaties like WIPO you have to have the NGOs<br />
there, you have to have transparency. How many rounds of ACTA have we<br />
gone through and they&#8217;ve tried to keep it from being transparent?<br />
Whenever you&#8217;re hiding something, whenever you&#8217;re doing it behind closed<br />
doors, that tells you, the public, that they&#8217;re people who are goes<br />
behind closed doors means do not want to be seen. And I think it&#8217;s the<br />
U.S. entertainment lobby is driving this, they&#8217;re trying to get as far<br />
as they can before they get smoked out. I love what the European<br />
activists called it, the, the vampire solution, that is, we start to shine<br />
light on them until wither up and they all have to crawl back to their<br />
corporate holes. But there are a number of very disturbing potential<br />
provisions in ACTA and it would have profound implications for Canada&#8217;s<br />
training abilities if the Europeans sign on to something, the Americans<br />
sign on to something, and we&#8217;re trying to chart our own way. They can<br />
put enormous pressure on us at that point. That being said, I think ACTA<br />
has hit a few serious holes and, um, I feel the more the public get<br />
involved, the more ACTA is either going to have to change or it&#8217;s going to be<br />
made irrelevant.
</p>
<p><a href="#ca2318" id="ca2318" title="Time: 23:18">[23:18]</a> JB: Charlie Angus, thank you for finding the time to talk to me<br />
today.
</p>
<p><a href="#ca2321" id="ca2321" title="Time: 23:21">[23:21]</a> CA: Thanks a lot for having me on.
</p>
<p><a href="#ca2322" id="ca2322" title="Time: 23:22">[23:22]</a> [theme music]
</p>
<p><a href="#ca2325" id="ca2325" title="Time: 23:25">[23:25]</a> JB: Search Engine is produced by me, and a community of<br />
listeners who are fully aware of what the roller piano did. E-mail me<br />
with freelance pitches and story tips at <a href="mailto:jesse@jessebrown.ca" title="Send e-mail to Jesse Brown">jesse@jessebrown.ca</a>. The show&#8217;s<br />
blog is at <a href="http://www.tvo.org/searchengine" title="TVO - Search Engine Blog">tvo.org/searchengine</a> and I&#8217;m on Twitter <a href="http://twitter.com/jessebrown" title="Twitter - Jesse Brown">@jessebrown</a>. This<br />
show is released with a Creative Commons license so you don&#8217;t need a<br />
parody exemption to make fun of it, but you will be hurting my feelings.<br />
Quick note about the video podcast I keep promising you. It&#8217;s done!<br />
It&#8217;s been done for a while. I think it&#8217;s our best one yet. But there are<br />
some editorial complications and I&#8217;m doing everything I can to get it<br />
online as soon as I can. The next audio podcast will be up first thing<br />
Tuesday morning.
</p>
<p><a href="#ca2410" id="ca2410" title="Time: 24:10">[24:10]</a> [music fades]
</p>
<p><a href="#ca2416" id="ca2416" title="Time: 24:16">[24:16]</a> [end]</p>
]]></content:encoded>
			<wfw:commentRss>http://bob.jonkman.ca/blogs/2010/04/03/transcript-the-itax-fair-dealing-search-engines-jesse-brown-interviews-charlie-angus/feed/</wfw:commentRss>
		<slash:comments>2</slash:comments>
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		<title>Telephone Number Format Standards</title>
		<link>http://bob.jonkman.ca/blogs/2010/03/20/telephone-number-format-standards/</link>
		<comments>http://bob.jonkman.ca/blogs/2010/03/20/telephone-number-format-standards/#comments</comments>
		<pubDate>Sat, 20 Mar 2010 05:42:35 +0000</pubDate>
		<dc:creator>Bob</dc:creator>
				<category><![CDATA[code]]></category>
		<category><![CDATA[smtp]]></category>
		<category><![CDATA[telephone]]></category>
		<category><![CDATA[valid html]]></category>

		<guid isPermaLink="false">http://bob.jonkman.ca/blogs/?p=216</guid>
		<description><![CDATA[Standardized Telephone Number formats work even on old phones! There are many different address books and directories online, and there are almost just as many different ways they store telephone numbers. I guess most people don&#8217;t realize that there are actually standards for representing phone numbers. A little bit of standardization would go a long [...]]]></description>
			<content:encoded><![CDATA[<div style="float:right;border: thin solid black;margin: .5em;padding: .1em;text-align:center;width:256px"><a href="http://www.flickr.com/photos/lwr/9257237/" title="Flickr - Leo Reynolds - Telephone Dial"><img src="http://farm1.static.flickr.com/6/9257237_a6909f8d8d_m.jpg" alt="Telephone Dial" width="240" height="240" /></a>
<p>Standardized Telephone Number formats work even on old phones!</p>
</div>
<p>There are many different address books and directories online, and there are almost just as many different ways they store telephone numbers.  I guess most people don&#8217;t realize that there are actually standards for representing phone numbers.  A little bit of standardization would go a long way towards interoperability.</p>
<p>The standard for phone number formatting is set by the International Telecommunication Union in [E.123] and [E.164] (see the references below). The standards documents are available for a fee from the ITU. A summary is available in the Google (UseNet) discussion group, titled <a href="http://groups-beta.google.com/group/comp.std.internat/msg/24fc32228689a620?dmode=source" title="Google Groups - Need ITU-T E.123 summary - comp.std.internat">Need ITU-T E.123 summary</a>.</p>
<p>In short, a North American telephone number should look like:</p>
<p>    +C-AAA-PPP-NNNN;ext=xxxx</p>
<ul>
<li> &#8220;+&#8221; shows where the dialing prefix goes. This is one of either the International Direct Dialing (IDD) prefix (for Canada this is &#8220;011&#8243; for overseas dialing) or the National Direct Dialing (NDD) prefix (&#8220;1&#8243; for calls within North America, omitted for toll-free calls),
</li>
<li>&#8220;C&#8221; is the Country Code (North America&#8217;s CC is &#8220;1&#8243;, and it is omitted for dialing within North America),
</li>
<li>&#8220;AAA&#8221; is the area code (always required for dialing in Kitchener, Toronto, and other jurisdictions),
</li>
<li>&#8220;PPP&#8221; is the Exchange (or Private Branch Exchange &#8220;PBX&#8221;; look in the phone book to see which exchanges are supported),
</li>
<li>&#8220;NNNN&#8221; is the local portion of the number,
</li>
<li>&#8220;;ext=&#8221; optionally identifies the next portion as an extension and &#8220;xxxx&#8221; are the digits for that extension. This syntax is usable in URIs and e-mail.
</li>
</ul>
<p>Note that the sequence &#8220;AAA-PPP-NNNN&#8221; is called a &#8220;local number&#8221; and &#8220;+C-AAA-PPP-NNNN&#8221; is called a &#8220;global number&#8221;. The &#8220;-&#8221; (hyphen) is a visual separator, as are &#8220;.&#8221; (period) , &#8220;(&#8221; (left bracket) and &#8220;)&#8221; (right bracket), which dialing applications should ignore.</p>
<p>I&#8217;m mostly interested in making phone number formats in e-mail addressbooks compliant with e-mail standards. The document that covers this is the IETF&#8217;s <a href="http://tools.ietf.org/html/rfc3191" title="Minimal GSTN address format in Internet Mail">RFC3191, Minimal GSTN address format in Internet Mail</a> . The requirement is that GSTN (Global Switched Telephone Network) numbers use the global-number syntax (&#8220;+C-AAA-PPP-NNNN&#8221;).</p>
<p>Global-number GSTN numbers can be used for other purposes as well, such as Web page URIs. See <a href="http://tools.ietf.org/html/rfc3966" title="The tel URI for Telephone Numbers">RFC3966, The tel URI for Telephone Numbers</a>. This document re-iterates that:</p>
<blockquote cite="http://tools.ietf.org/html/rfc3966">
<dl>
<dt>5.1.4.</dt>
<dd>Global Numbers Globally unique numbers are identified by the leading &#8220;+&#8221; character. Global numbers MUST be composed with the country (CC) and national (NSN) numbers as specified in E.123 [E.123] and E.164 [E.164]. Globally unique numbers are unambiguous everywhere in the world and SHOULD be used.
</dd>
<dt>5.1.5.</dt>
<dd>
<p>Local Numbers Local numbers are unique only within a certain geographical area or a certain part of the telephone network, e.g., a private branch exchange (PBX), a state or province, a particular local exchange carrier, or a particular country. URIs with local phone numbers should only appear in environments where all local entities can successfully set up the call by passing the number to the dialling software. Digits needed for accessing an outside line, for example, are not included in local numbers. Local numbers SHOULD NOT be used unless there is no way to represent the number as a global number.</p>
<p>Local numbers SHOULD NOT be used for several reasons. Local numbers require that the originator and recipient are configured appropriately so that they can insert and recognize the correct context descriptors. Since there is no algorithm to pick the same descriptor independently, labelling numbers with their context increases the chances of misconfiguration so that valid identifiers are rejected by mistake. The algorithm to select descriptors was chosen so that accidental collisions would be rare, but they cannot be ruled out.&lt;/p
</dd>
</dl>
</blockquote>
<p>If you work at a company that does work with organizations and staff members outside of the context of your area code (ie. internationally) be sure to standardize your directory on global-number syntax.</p>
<p>&#8211;Bob.</p>
<div style="border:thin solid black;background: #888;margin-left:auto;margin-right:auto;margin-top:2ex;margin-bottom:4ex;width: 80%;padding:3em;text-align:center">Need a consultant? Bob Jonkman can be reached by telephone at <b>+1-519-635-9413</b></div>
<p>References:</p>
<ul>
<li>[E.123] ITU-T Recommendation E.123: Telephone Network and ISDN<br />
Operation, Numbering, Routing and Mobile Service: Notation<br />
for National and International Telephone Numbers. 1993.<br />
<a href="http://www.itu.int/rec/recommendation.asp?type=items&amp;lang=e&amp;parent=T-REC-E.123-200102-I" title="E.123 : Notation for national and international telephone numbers, e-mail addresses and Web addresses">http://www.itu.int/rec/recommendation.asp?type=items&amp;lang=e&amp;parent=T-REC-E.123-200102-I</a></p>
<p>&nbsp;</p>
</li>
<li>
A summary of [E.123] is available:<br />
<a href="http://groups-beta.google.com/group/comp.std.internat/msg/24fc32228689a620?dmode=source" title="Google Groups - Need ITU-T E.123 summary - comp.std.internat">http://groups-beta.google.com/group/comp.std.internat/msg/24fc32228689a620?dmode=source</a></p>
<p>&nbsp;</p>
</li>
<li>
[E.164] ITU-T Recommendation E.164/I.331 (05/97): The International<br />
Public Telecommunication Numbering Plan. 1997.<br />
<a href="http://www.itu.int/rec/recommendation.asp?type=items&amp;lang=e&amp;parent=T-REC-E.164-200502-I" title="E.164 : The international public telecommunication numbering plan">http://www.itu.int/rec/recommendation.asp?type=items&amp;lang=e&amp;parent=T-REC-E.164-200502-I</a></p>
<p>&nbsp;</p>
</li>
<li>
A summary of [E.164] is available:<br />
<a href="http://en.wikipedia.org/wiki/E.164" title="Wikipedia - E.164">http://en.wikipedia.org/wiki/E.164</a></p>
<p>&nbsp;</p>
</li>
<li>
International Telecommunications Union -<br />
Telecommunications Standardization Sector (ITU-T)<br />
Phillips Business Information Inc. <br />
1201 Seven Locks Road, Suite 300<br />
Potomac, MD 20854</p>
<p>or call: +1-800-666-4266</p>
<p>&nbsp;</p>
</li>
<li>
See also: INTERNATIONAL DIALING CODES<br />
<a href="http://countrycode.org/" title="Country Codes, Phone Codes, Dialing Codes, Telephone Codes, ISO Country Codes">http://countrycode.org/</a></p>
<p>&nbsp;</p>
</li>
<li>
RFC3191: Minimal GSTN address format in Internet Mail<br />
<a href="http://www.rfc-editor.org/rfc/rfc3191.txt" title="Minimal GSTN address format in Internet Mail">http://www.rfc-editor.org/rfc/rfc3191.txt</a></p>
<p>&nbsp;</p>
</li>
<li>
RFC3192: Minimal FAX address format in Internet Mail<br />
<a href="http://www.rfc-editor.org/rfc/rfc3192.txt" title="Minimal FAX address format in Internet Mail">http://www.rfc-editor.org/rfc/rfc3192.txt</a></p>
<p>&nbsp;</p>
</li>
<li>
RFC2846: GSTN Address Element Extensions in E-mail Services<br />
<a href="http://www.rfc-editor.org/rfc/rfc2846.txt" title="GSTN Address Element Extensions in E-mail Service">http://www.rfc-editor.org/rfc/rfc2846.txt</a></p>
<p>&nbsp;</p>
</li>
<li>
RFC3601: Text String Notation for Dial Sequences and Global Switched Telephone Network (GSTN) / E.164 Addresses<br />
<a href="http://www.rfc-editor.org/rfc/rfc3601.txt" title="Text String Notation for Dial Sequences and Global Switched Telephone Network (GSTN) / E.164 Addresses">http://www.rfc-editor.org/rfc/rfc3601.txt</a>
</li>
</ul>
<p style="font-size:smaller">Image: <a href="http://www.flickr.com/photos/lwr/9257237/" title="Flickr - Leo Reynolds - Telephone Dial">Telephone Dial</a> by Leo Reynolds, used under <a href="http://creativecommons.org/licenses/by-nc-sa/2.0/deed.en" title="Creative Commons - Attribution-Noncommercial-Share Alike 2.0 Generic">Creative Commons v2.0 BY-NC-SA</a>.</p>
]]></content:encoded>
			<wfw:commentRss>http://bob.jonkman.ca/blogs/2010/03/20/telephone-number-format-standards/feed/</wfw:commentRss>
		<slash:comments>3</slash:comments>
		</item>
		<item>
		<title>When Headlines Go Bad</title>
		<link>http://bob.jonkman.ca/blogs/2009/12/09/when-headlines-go-bad/</link>
		<comments>http://bob.jonkman.ca/blogs/2009/12/09/when-headlines-go-bad/#comments</comments>
		<pubDate>Wed, 09 Dec 2009 17:25:58 +0000</pubDate>
		<dc:creator>Bob</dc:creator>
				<category><![CDATA[Internet]]></category>
		<category><![CDATA[Style]]></category>
		<category><![CDATA[groupwise]]></category>
		<category><![CDATA[newspapers]]></category>

		<guid isPermaLink="false">http://bob.jonkman.ca/blogs/?p=169</guid>
		<description><![CDATA[Bad Headline: GWAVA Releases Version 3.1 of its Novell GroupWise Disaster Newspaper editors have it easy &#8212; whatever they write, the printers print. On the Internet it&#8217;s not that easy. On the Internet, Atom/RSS feeds of articles mean that editors can&#8217;t control the presentation on the reader&#8217;s computer. That makes it all the more important [...]]]></description>
			<content:encoded><![CDATA[<div style="vertical-align:middle">
<div style="float:right;width:360px;text-align:center;border:thin solid black;font-size:smaller;background:#ddd;padding:1em"><a href="http://bob.jonkman.ca/blogs/files/2009/12/Screenshot-Google-Reader-535-Mozilla-Firefox.png" title="View full size screenshot"><img src="http://bob.jonkman.ca/blogs/files/2009/12/Screenshot-Google-Reader-535-Mozilla-Firefox-300x235.png" alt="Bad Headline: GWAVA Releases Version 3.1 of its Novell GroupWise Disaster" class="size-medium wp-image-170" /></a><br />Bad Headline: <q>GWAVA Releases Version 3.1 of its Novell GroupWise Disaster</q></div>
<p>Newspaper editors have it easy &#8212; whatever they write, the printers print.  On the Internet it&#8217;s not that easy. On the Internet, Atom/RSS feeds of articles mean that editors can&#8217;t control the presentation on the reader&#8217;s computer.  That makes it all the more important to craft headlines so that they can&#8217;t be misconstrued, or at least so that they can be truncated safely.</p>
</div>
<p style="clear:both">
<p>The headline I read was <q>GWAVA Releases Version 3.1 of its Novell GroupWise Disaster</q>, which doesn&#8217;t sound like an appealing product worth buying. GWAVA&#8217;s full headline was <a href="http://www.gwava.com/nc/news/press-releases/press-release/article/gwava-releases-version-31-of-its-novell-groupwise-disaster-recovery-productlatest-version-of-gwava.html?tx_ttnews[backPid]=53&amp;cHash=fe111635dd" title="GWAVA Releases Version 3.1 of its Novell GroupWise Disaster Recovery Product">GWAVA Releases Version 3.1 of its Novell GroupWise Disaster Recovery Product</a>. Sadly, even the headline on GWAVA&#8217;s web site is mangled, running the main headline into the secondary headline:</p>
<p style="clear:both">
<div style="margin-left:auto;margin-right:auto;text-align:center;border:thin solid black;font-size:smaller;background:#ddd;padding:1em"><a href="http://www.gwava.com/nc/news/press-releases/press-release/article/gwava-releases-version-31-of-its-novell-groupwise-disaster-recovery-productlatest-version-of-gwava.html?tx_ttnewsbackPid=53&#38;cHash=fe111635dd" title="GWAVA Web Site - Press Release: GWAVA Releases Version 3.1 of its Novell GroupWise Disaster Recovery Product"><img src="http://bob.jonkman.ca/blogs/files/2009/12/Screenshot-GWAVA-GWAVA-Releases-Version-3.1-of-its-Novell-GroupWise-Disaster-Recovery-ProductLatest-Version-of-GWAVA-Reload-Offers-Easy-Migration-to-Linux-Mozilla-Firefox.png" alt="Even full headlines have problems of their own" width="572" height="523" /></a><br />Even full headlines have problems of their own</div>
<p style="clear:both;height:3ex"></p>
<div style="vertical-align:middle">
<div style="float:right;text-align:center;border:thin solid black;font-size:smaller;background:#ddd;padding:1em"><a href="http://store.guidance-group.com/itemdesc.asp?ic=377659&#38;eq=&#38;Tp=" title="Guidance Group Web Site - Buy this pencil: Too Cool To Do Drugs"><img src="http://bob.jonkman.ca/blogs/files/2009/12/377659_lg-300x300.jpg" alt="&quot;Too Cool To Do Drugs&quot; pencil" /></a><br />Sharpen this pencil, I double-dog dare ya!</div>
<p>Pencil manufacturers should take note also:  As the <a href="http://store.guidance-group.com/itemdesc.asp?ic=377659&amp;eq=&amp;Tp=" title="Guidance Group Web Store - Pencil Too Cool To Do Drugs">Too Cool To Do Drugs</a> pencil is sharpened, the message transforms to <q>Cool To Do Drugs</q>, the semi-Hamlettian <q>To Do Drugs</q>, eventually to just <q>Do Drugs</q> and finally the non-judgmental declaration <q>Drugs</q>.  Just the kind of thing that will go over well at school.</p>
</div>
<p style="clear:both">
<p>&#8211;Bob.</p>
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		<title>Blacklists considered harmful</title>
		<link>http://bob.jonkman.ca/blogs/2009/11/19/blacklists-considered-harmful/</link>
		<comments>http://bob.jonkman.ca/blogs/2009/11/19/blacklists-considered-harmful/#comments</comments>
		<pubDate>Thu, 19 Nov 2009 09:26:26 +0000</pubDate>
		<dc:creator>Bob</dc:creator>
				<category><![CDATA[considered harmful]]></category>
		<category><![CDATA[dnsbl]]></category>

		<guid isPermaLink="false">http://bob.jonkman.ca/blogs/?p=93</guid>
		<description><![CDATA[BoingBoing points me to a Security Fix article by Brian Krebs called A year later: A look back at McColo on the after-effects of Real-time Blacklists (RBLs) that targeted formerly undesirable IP addresses: The Internet community typically shuns networks known to harbor spammers and organizations that host malicious software and other nastiness, usually by including [...]]]></description>
			<content:encoded><![CDATA[<div style="float: right"><div class="wp-caption alignnone" style="width: 260px"><a href="http://www.flickr.com/photos/aquadog/127304537/"><img alt="The black hole that sucks up Internet Addresses" src="http://farm1.static.flickr.com/6/127304537_93290be8a5_m_d.jpg" width="240" height="180" /></a><p class="wp-caption-text">The black hole that sucks up Internet Addresses</p></div></div>
<p>BoingBoing <a href="http://www.boingboing.net/2009/11/13/internet-ghost-towns.html" title="Internet ghost-towns: the blocked IPs where the bad guys used to live - Boing Boing:">points me to</a> a <i>Security Fix</i> article by Brian Krebs called <a href="http://voices.washingtonpost.com/securityfix/2009/11/a_year_later_a_look_back_at_mc.html" title="Security Fix - A year later: A look back at McColo">A year later: A look back at McColo</a> on the after-effects of <a href="http://en.wikipedia.org/wiki/Blacklist_%28computing%29" title="Wikipedia: Blacklist (computing)">Real-time Blacklists</a> (<abbr title="Real Time Blacklist">RBL</abbr>s) that targeted formerly undesirable IP addresses:<br />
</p>
<blockquote cite="http://voices.washingtonpost.com/securityfix/2009/11/a_year_later_a_look_back_at_mc.html">
<p>The Internet community typically shuns networks known to harbor spammers and organizations that host malicious software and other nastiness, usually by including their numeric Internet addresses on &#8220;blocklists&#8221;. Many organizations configure their e-mail servers to reject messages from addresses included on one or more of these blocklists. A heavily blocklisted network quickly becomes unattractive to legitimate businesses, since any e-mail sent out of that network will most likely be refused by the intended recipients.</p>
<p></p>
<p>&#8220;The problem is once an address block gets so polluted and absorbed into all these blocklists, it&#8217;s difficult to get off all of them because there is no central blocking authority,&#8221; said Paul Ferguson, an advanced threat researcher at Trend Micro.</p>
</blockquote>
<p>(&#8220;Blocklist&#8221; is a less pejorative term for &#8220;Blacklist&#8221;)</p>
<p>The problem is not with the (formerly) malicious site, nor with the keepers of the blacklists, or even the lack of a central blocking authority. The problem is with e-mail server admins or firewall admins who let some unpaid, unaccountable blacklist censor their incoming mail or access to Web pages.  </p>
<p>A blacklist should be just one of the criteria used to weight the probability that an incoming e-mail message is spam, or that an http stream contains malware.  When I use a blacklist I&#8217;ll take into account the blacklist&#8217;s opinion of an IP source, but I don&#8217;t want a blacklist deciding what I can or can&#8217;t receive.</p>
<p>It&#8217;s far more reliable to actually examine the content stream for spam or malware instead of relying on a third-party&#8217;s opinion of an IP address. Yes, this increases the transaction cost for managing spam and malware, but as these blacklist IP address areas increase there&#8217;s an ever greater chance of false positives.  </p>
<p>Are you using blacklists?  Still think they&#8217;re a good idea? Wait until your blacklist gets compromised.  An attacker takes control of a blacklist, but doesn&#8217;t interfere with its regular operations.  Instead, it selectively adds and removes addresses. What better way to impose a DoS attack than maliciously subscribing your target to a well-known blacklist?  In fact, for the long con I can see an attacker setting up a blacklist site, and spending a year or two building a reputation. As long as system admins rely completely on that blacklist to block certain IP addresses, those system admins are vulnerable to the whims of the blacklist operator.</p>
<p>I also wrote about the role of blacklists in <a href="http://bob.jonkman.ca/blogs/2008/12/10/blocking-port-25-considered-harmful/" title="Blocking Port 25 Considered Harmful - This Blog Is Not For Reading">Blocking Port 25 Considered Harmful</a>, just under a year ago. </p>
<p>&#8211;Bob.</p>
<p style="font-size: smaller">(Flickr image &#8220;<a href="http://www.flickr.com/photos/aquadog/127304537/" title="Flickr: Black Hole">Black Hole</a>&#8221; by <a href="http://www.flickr.com/photos/aquadog/" title="Flickr: he who shall's Photostream">he who shall</a> used under creative commons license)</p>
<p></p>
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		<title>Deep Packet Inspection considered harmful</title>
		<link>http://bob.jonkman.ca/blogs/2009/11/13/deep-packet-inspection-considered-harmful/</link>
		<comments>http://bob.jonkman.ca/blogs/2009/11/13/deep-packet-inspection-considered-harmful/#comments</comments>
		<pubDate>Fri, 13 Nov 2009 22:29:47 +0000</pubDate>
		<dc:creator>Bob</dc:creator>
				<category><![CDATA[Deep Packet Inspection]]></category>
		<category><![CDATA[considered harmful]]></category>
		<category><![CDATA[privacy]]></category>

		<guid isPermaLink="false">http://bob.jonkman.ca/blogs/?p=95</guid>
		<description><![CDATA[Michael Geist points us to a Sandvine report analyzing global broadband traffic. Far more interesting than the data presented by Sandvine is the fact that Sandvine has any data to present at all. How did they get this stuff? Did they buy it from Bell and Rogers? Does their throttling equipment phone home? I don&#8217;t [...]]]></description>
			<content:encoded><![CDATA[<p><div class="wp-caption alignright" style="width: 310px"><a title="Image from Stop Usage Based Billing blog, used by CC0 license" href="http://stopusagebasedbilling.wordpress.com/2009/10/06/b-packets-and-the-internet/"><img alt="Ripe for Deep Packet Inspection" src="http://stopusagebasedbilling.files.wordpress.com/2009/10/data.jpg?w=300&amp;h=168" width="300" height="168" /></a><p class="wp-caption-text">Ripe for Deep Packet Inspection</p></div><a href="http://www.michaelgeist.ca/content/view/4535/125/" title="Michael Geist: Sandvine Report Should Raise Doubt About Traffic Management Practices">Michael Geist points us</a> to a <a href="http://www.sandvine.com/news/global_broadband_trends.asp" title="Sandvine: 2009 Global Broadband Phenomena">Sandvine report analyzing global broadband traffic</a>.</p>
<p></p>
<p>Far more interesting than the data presented by Sandvine is the fact that Sandvine has any data to present at all.  How did they get this stuff?  Did they buy it from Bell and Rogers?  Does their throttling equipment phone home?  I don&#8217;t recall giving them permission to use my data.</p>
<p>They claim they&#8217;re not looking at data content.  Maybe that&#8217;s true, maybe it&#8217;s not.  But they&#8217;ve inspected deeply enough to know that we use more streaming applications than P2P, and more Bittorrent than Gnutella.  As any data analyst knows, traffic analysis of data patterns gives as much information as the data itself. Why are they allowed to gather any of this data at all? None of their business what I use on my computer.
</p>
<p>
I&#8217;m sure Sandvine is making a hefty buck selling this report, or at least using it as evidence to sell more of their DPI equipment.  They&#8217;re profiting from the the data that I didn&#8217;t give them permission to use.  I think the Privacy Commissioner may want to look into this.
</p>
<p>
&#8211;Bob.</p>
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		<title>Transcript: The Neutral Throttle? An interview with CRTC Chairman Konrad von Finckenstein</title>
		<link>http://bob.jonkman.ca/blogs/2009/10/31/transcript-the-neutral-throttle-an-interview-with-crtc-chairman-konrad-von-finckenstein/</link>
		<comments>http://bob.jonkman.ca/blogs/2009/10/31/transcript-the-neutral-throttle-an-interview-with-crtc-chairman-konrad-von-finckenstein/#comments</comments>
		<pubDate>Sat, 31 Oct 2009 07:58:46 +0000</pubDate>
		<dc:creator>Bob</dc:creator>
				<category><![CDATA[Bell Canada]]></category>
		<category><![CDATA[CRTC]]></category>
		<category><![CDATA[Net Neutrality]]></category>
		<category><![CDATA[Search Engine]]></category>

		<guid isPermaLink="false">http://bob.jonkman.ca/blogs/?p=49</guid>
		<description><![CDATA[Thanx to the generous licensing terms on Jesse Brown&#8216;s awesome podcast Search Engine, I&#8217;m allowed to remix his shows. I have chosen to mix it from audio to text &#8212; I present to you Episode 15: The Neutral Throttle? An interview with CRTC Chairman Konrad von Finckenstein, The Transcript. To listen to the show as [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_51" class="wp-caption alignright" style="width: 381px"><a href="http://www.tvo.org/cfmx/tvoorg/searchengine/index.cfm?page_id=613&amp;action=blog&amp;subaction=viewPost&amp;post_id=11263&amp;blog_id=485"><img class="size-full wp-image-51" src="http://bob.jonkman.ca/blogs/files/2009/10/SearchEngineNum15-logo.jpg" alt="Search Engine Episode 15 logo" width="371" height="343" /></a><p class="wp-caption-text">Search Engine Episode 15 logo</p></div>
<p>Thanx to the generous licensing terms on <a title="Jesse Brown bio on Search Engine Blog" href="http://www.tvo.org/cfmx/tvoorg/searchengine/index.cfm?page_id=613&amp;action=viewProfile&amp;blog_id=485&amp;user_data_id=15830">Jesse Brown</a>&#8216;s awesome podcast <a title="TVO.org - Search Engine Blog" href="http://www.tvo.org/cfmx/tvoorg/searchengine/index.cfm?page_id=613&amp;blog_id=485&amp;action=blog">Search Engine</a>, I&#8217;m allowed to remix his shows.  I have chosen to mix it from audio to text &#8212; I present to you Episode 15: <a title="Search Engine Blog: The Neutral Throttle? An interview with CRTC Chairman Konrad von Finckenstein" href="http://www.tvo.org/cfmx/tvoorg/searchengine/index.cfm?page_id=613&amp;action=blog&amp;subaction=viewPost&amp;post_id=11263&amp;blog_id=485">The Neutral Throttle? An interview with CRTC Chairman Konrad von Finckenstein</a>, The Transcript.</p>
<p>To listen to the show as you&#8217;re reading along get <a title="MP3: The Neutral Throttle? An interview with CRTC Chairman Konrad von Finckenstein" href="http://www.tvo.org/podcasts/searchengine/audio/SE_Full_20091026_800802_TroubleWithLarry_0x0_40k.mp3">the podcast</a> (from the Search Engine Blog, MP3, 5.8 MBytes).</p>
<p>Naturally, this transcript is released under the same Creative Commons license as the podcast: <a rel="license" href="http://creativecommons.org/licenses/by-nc-sa/2.5/ca/"><img style="border-width: 0pt;float: left" src="http://creativecommons.org/images/public/somerights20.png" alt="Creative Commons License" /></a><span>Transcript of Search Engine #15</span> by <a rel="cc:attributionURL" href="http://bob.jonkman.ca/blogs/">Bob Jonkman, based on work by Jesse Brown</a> is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by-nc-sa/2.5/ca/">Creative Commons Attribution-Noncommercial-Share Alike 2.5 Canada License</a></p>
<p>If you should find any errors in the transcript please <a title="Send E-mail to Bob Jonkman" href="mailto:bjonkman@sobac.com?subject=Transcript%20of%20Search%20Engine%20episode%2015%20[bjns]">let me know</a> or <a href="http://bob.jonkman.ca/blogs/2009/10/31/transcript-the-neutral-throttle-an-interview-with-crtc-chairman-konrad-von-finckenstein/#respond" title="Comment on this post">leave a comment</a>.<br />
<br />
<ins>Update 1 November 2009: Added anchor links for times, the better to provide citation links when you write your blog post dissecting the interview</ins></p>
<div style="border: thin solid black;padding: 1em;margin-left:auto;margin-right:auto;width:66%;background: #ddd;clear: both">I would have put a notice in the <a title="Search Engine Blog Episode 15, Comments" href="http://www.tvo.org/cfmx/tvoorg/searchengine/index.cfm?page_id=613&amp;action=blog&amp;subaction=viewPost&amp;post_id=11263&amp;blog_id=485#comment1">comments of the Search Engine Blog</a>, but you need to have a TVO.org user ID, and  the <a href="http://www.tvo.org/cfmx/tvoorg/searchengine/index.cfm?page_id=615#termsOfUse" title="TVO.org User Signup, Terms Of Use">Terms of Use</a> are too onerous for me &#8212; they say:</p>
<blockquote><p>If you didn&#8217;t make it, you don&#8217;t own it</p></blockquote>
<p>which is just plain wrong (I own lots of things I didn&#8217;t make), and</p>
<blockquote><p>By uploading a comment or idea in any format, you are affirming that you own it, and you are transferring the copyright to TVO. That means we can use it in any way we choose, in any media, anywhere, for as long as we want.</p></blockquote>
<p>No way, dudes.  That&#8217;s why I have my own blog.</p>
<p>(and what&#8217;s with the teeny-tiny text box for the license?  Trying to discourage people from reading it?)
</p></div>
<p></p>
<div>
<blockquote cite="http://www.tvo.org/cfmx/tvoorg/searchengine/index.cfm?page_id=613&amp;action=blog&amp;subaction=viewPost&amp;post_id=11263&amp;blog_id=485"><p>
Search Engine Transcript<br />
<br />
The Neutral Throttle? An interview with CRTC Chairman Konrad von Finckenstein<br />
<br />
<a href="http://www.tvo.org/cfmx/tvoorg/searchengine/index.cfm?page_id=613&amp;action=blog&amp;subaction=viewPost&amp;post_id=11263&amp;blog_id=485" title="Search Engine Blog: The Neutral Throttle? An interview with CRTC Chairman Konrad von Finckenstein"></p>
<p>http://www.tvo.org/cfmx/tvoorg/searchengine/index.cfm?page_id=613&amp;action=blog&amp;subaction=viewPost&amp;post_id=11263&amp;blog_id=485</a></p>
<p>
Podcast released 26 October 2009<br />
<br />
<a href="#t0000" id="t0000" title="Time: 00:00">00:00</a> [Theme Music]<br />
<br />
<a href="#t0015" id="t0015" title="Time: 00:15">00:15</a> Jesse Brown: OK, I&#8217;ll admit it. I&#8217;m confused.  I don&#8217;t know what to make of the CRTC&#8217;s ruling. I wanted answers.  I wanted to know what the rules are going to be.  I wanted to know, Can ISPs continue to censor the Web to support their own polictical agendas, like Telus did when they blocked access to labour union blogs during that 2005 strike?  Can ISPs continue to throttle the Web, reducing our transfer speeds to as little as one-and-a-half percent of what they advertise and sell to us, like Rogers and Bell do every day? Can ISPs in Canada continue to spy on our Web transfers through Deep Packet Inspection?  Can they keep ganging up on any newcomer company who dares to offer consumers something different?  Can they keep doing so in the name of supposedly clogged up Interweb pipes?  That they refuse to actuallly show us?  Can they keep giving us some of the slowest and priciest broadband service in the first world, as study after independent study has proven that they do? Can they keep acting like they own the Internet?  Or will we have an open Internet in Canada?  Will we have Net Neutrality?  Like they&#8217;re going to have in America?<br />
<br />
<a href="#t0134" id="t0134" title="Time: 01:34">01:34</a> JB: Well, the CRTC&#8217;s ruling is out.  And I still don&#8217;t know.  Maybe you know?  Maybe you&#8217;re one of the thousands of Canadians who took to Web in outrage last week, certain that the CRTC&#8217;s ruling was an anti-Net Neutrality ruling.  I mean, you&#8217;d certainly  have some support for that position.  You&#8217;d have the Globe and Mail who reported that Canada&#8217;s big Internet carriers scored a major victory: the right to manage traffic.  You&#8217;d have agreement from the NDP&#8217;s Charlie Angus, who said that the CRTC has left the wolves in charge of the henhouse.  You&#8217;d even have one of the wolves agreeing with them &#8212; Bell Canada&#8217;s Mirko Bibic, who said that the CRTC&#8217;s ruling proves that, quote, we&#8217;re the experts, and we get the flexibility to determine how to manage OUR networks.<br />
<br />
<a href="#t0225" id="t0225" title="Time: 02:25">02:25</a> JB: But, you also have people like Michael Geist saying that the CRTC ruling unquestionably advances the ball.  You have pro-Net Neutrality companies like Google coming out in support of the ruling, praising it.  I spoke to the Canada policy lawyer, Jacob Glick, who you&#8217;ve heard on the show before, and he said that by his interpretation the CRTC ruling clearly prohibits the kind of throttling that&#8217;s going on today.<br />
<br />
<a href="#t0251" id="t0251" title="Time: 02:51">02:51</a> JB: In other words, there&#8217;s some pretty credible voices out there who are reading this ruling as a pretty good one, as a step in the direction of Net Neutrality.  As something that&#8217;s, I guess, the complete opposite of the total ISP capitulation that the newspapers, the Canadian public, and the ISPs seem to think that it is.<br />
<br />
<a href="#t0310" id="t0310" title="Time: 03:10">03:10</a> JB: So what&#8217;s the deal?  Who can clear the CRTC ruling up for me?  Well there&#8217;s probably nobody better suited to that job than the guy who runs the place.  CRTC Chairman Konrad von Finckenstein.  Mr. Chairman, hello.<br />
<br />
<a href="#t0322" id="t0322" title="Time: 03:22">03:22</a> Konrad von Finckenstein:  Hello, Jesse.<br />
<br />
<a href="#t0324" id="t0324" title="Time: 03:24">03:24</a> JB: I&#8217;ve asked the listeners of this show to submit some questions to you and, uh, I&#8217;d like to pose a few of them to you now.<br />
<br />
<a href="#t0330" id="t0330" title="Time: 03:30">03:30</a> KvF: Sure, OK, go ahead.<br />
<br />
<a href="#t0332" id="t0332" title="Time: 03:32">03:32</a> JB: Very plainly, can Internet Service Providers under this ruling keep throttling peer-to-peer traffic the way that they&#8217;ve been doing?<br />
<br />
<a href="#t0341" id="t0341" title="Time: 03:41">03:41</a> KvF: Now I mean, I think you&#8230; miss the prom, principle view to just go right away to throttling, the whole idea is to try to find the balance between the competing interest, the competing interest of users to use the Internet to the maximum extent, to be as innovative and uh, and experimental as they can, versus the legitimate interest of Internet providers to protect the integrity of their networks and to make sure that all users have an equal opportunity.  So what we said, we, we took this very principle to port, we said first of all, the best way to deal with all of that is to build extra infrastructure so that everybody has access, and that you don&#8217;t even get into congestion issue.  If you do have to, uh, use Internet traffic management process, first of all tell people what you&#8217;re doing and publishing so  they know in advance, and then use economic ones.  IE. Make those people who are Internet hogs pay first of all. And then if that doesn&#8217;t work and you can&#8217;t then only can you control technical, uh, issues, and one of them is what you call throttling, which is, in effect slowing down somebody&#8217;s [indistinct(1)] but if you go that far then you have to justify yourself and here&#8217;s the framework of analysis that we will apply and we will look at it and we will, uh, if there is a complaint, or if you come on us and ask for approval  beforehand this is how we&#8217;re going to test it.<br />
<br />
<a href="#t0508" id="t0508" title="Time: 05:08">05:08</a> JB: Is that a yes or a no? I mean, uh, we know that Bell and Rogers have been throttling.  Do they have to stop doing that? Give people notice, appeal to you?  Is this changing the policies that are already in place?<br />
<br />
<a href="#t0519" id="t0519" title="Time: 05:19">05:19</a> KvF: Look, is, we only did one ruling so far and that was on the CAIP request and there we said, it is not discriminatory, it is not preferential, and therefore we allowed Bell to do it.  Now as you know, there&#8217;s a review of vary on it, and that will have to be, we will have to look and we haven&#8217;t decided on that yet.  So if for to clearly, if, is, if, we, uh, review it we will apply the test that you just heard. I don&#8217;t think, uh, and we will see what the outcome will be.<br />
<br />
<a href="#t0553" id="t0553" title="Time: 05:53">05:53</a> JB: Well that brings me to another question that somebody submitted to me: Are you going to be watching to see how they behave? Are you actively monitoring the ISPs to see if they&#8217;re compliant, or are you going to be waiting?  Is the onus on the consumer and the Internet user to complain to you at which point you move towards a ruling?<br />
<br />
<a href="#t0609" id="t0609" title="Time: 06:09">06:09</a> KvF: The onus is both on the Inter, Internet Service Providers and the users.  The Internet Service Providers now, uh, know what the rules are, and they should structure themselves accordingly, they have to give notice, if they want to use technical or economical means and they have to uh, follow the, the guidelines.  The exact same thing users who find they&#8217;re being, uh, impaired in their use because of activities by the ISPs now having a basis they can lodge complaints knowing that if there are complaints will be looked at through the analytical frameworks that we set out in our decision.<br />
<br />
<a href="#t0646" id="t0646" title="Time: 06:46">06:46</a> JB: The ruling mentions that traffic shaping should only be employed as a last resort. Define &#8220;last resort&#8221;. What, what does that mean?<br />
<br />
<a href="#t0656" id="t0656" title="Time: 06:56">06:56</a> KvF: You are always, uh, you are trying to get, uh, get me to define, principles, it&#8217;s, it&#8217;s very difficult. Obviously when we say &#8220;last resort&#8221; it&#8217;s saying, you know, part of it doesn&#8217;t sound so reasonable, because reasonable is in there too, and so you have to, you know, set, in the ISP who says &#8220;I have to resort to this, I appeal&#8221;, has to basically make out the case that he cannot to himself and later on to us when comes before us. He didn&#8217;t have to cover the ability to, uh, to provide access, uh, extra access to the necessary technological in, innovation, or if he did that there was no chance of getting return on his investment in a reasonable period of time. And it depends on who the ISP is, what the service is, and what the, what the requirement is driving him to the need for Internet traffic management  practices.<br />
<br />
<a href="#t0757" id="t0757" title="Time: 07:57">07:57</a> JB: You&#8217;re right that I am trying to get you to define the principles because I find them a little bit fuzzy. And I guess the ruling explicitly states these are not &#8220;rules&#8221; but these are guidelines that are set&#8211;<br />
<br />
<a href="#t0807" id="t0807" title="Time: 08:07">08:07</a> KvF: Precisely.  You&#8217;re trying to get me to convert the principles to guideline tests and we said there are no guideline tests because the situation is fluid, technology changes all the time, it&#8217;s a very dynamic solution. All I can guarantee you we&#8217;ll have the principled approach, and we will approach these principles, and here they are.<br />
<br />
<a href="#t0824" id="t0824" title="Time: 08:24">08:24</a> JB:  Bell and Rogers, they&#8217;ve come out saying that they feel that they&#8217;re already in compliance with these rulings.  This, this ruling changes nothing, that they say they&#8217;re fine with it because they&#8217;re already doing what you suggest.<br />
<br />
<a href="#t0835" id="t0835" title="Time: 08:35">08:35</a> KvF: I hope, hope that&#8217;s true. I hope that&#8217;s true.  We shall see. You know, if, uh, you, for instance, uh, advanced technological user, and we, let&#8217;s assume for argument&#8217;s sake you&#8217;re a client of Rogers find they&#8217;re not, then, then first of all you going to go on the Web site and see who&#8217;s the in, uh, apply internet management traffic practices, or have they been, perhaps they&#8217;ve been described there, and does it say what the effects of those are. If they aren&#8217;t, and you find out they applied them anyway what you going to do? You&#8217;re going to launch a complaint and we will look into it. On the other hand, if they are exactly doing what they&#8217;re saying, then wonderful, and then we have total compliance, which is the whole idea.<br />
<br />
<a href="#t0913" id="t0913" title="Time: 09:13">09:13</a> JB: What happens if you find that they have not been following these guidelines? Are there specific penalties?<br />
<br />
<a href="#t0919" id="t0919" title="Time: 09:19">09:19</a> KvF: Well, they haven&#8217;t first then we will issue orders telling them to, what they have to do to comply.  That&#8217;s how the whole licensing system works, you know. You are supposed to act in accordance to the, of the dictates of the regulator, so if the regulator says you cannot do that, or you cannot only do that if you provide compensation, or only if you, uh, uh, let&#8217;s say for argument&#8217;s sake, they uh, they slowed down from, from two to eight all afternoon and we find out that this is not justified, it doesn&#8217;t pass our tests, et cetera, we say you really have only shown me that the congestion which is six to eight, and if I buy everything else, fine, you can slow down but only say, you can only do it from six to eight.  And they will do that.  If they don&#8217;t do that, follow our order in court, then they get a court order to get them to do it, so.<br />
<br />
<a href="#t1013" id="t1013" title="Time: 10:13">10:13</a> JB:  Let me ask you about that congestion question because this has been very controversial.  The Internet Service Providers entire argument against Net Neutrality is based on this idea that they are facing congestion on the networks, and yet they have never proven to the public that this is in fact the case.  Now I understand that some of the information that was presented to the CRTC, as you were looking at this problem, was kept confidential.  Can I infer from this ruling that you agree with the ISPs? That they have proven to you that in fact congestion does occur to the extent that they say it occurs?  Or, or at all for that matter?<br />
<br />
<a href="#t1044" id="t1044" title="Time: 10:44">10:44</a> [silence]<br />
<br />
<a href="#t1048" id="t1048" title="Time: 10:48">10:48</a> KvF: You say it has never been proven by those, I don&#8217;t know  where, uh, on what basis you make that assumption.   And, and, and obviously, the only way you can prove it is when, if there&#8217;s been actually breakdown of communications or, people, uh, people have been slowed down, et cetera. But there is no interest in, or  capacity on the internet I think that is self-evident.  Do you really have to wait &#8217;til there is a major congestion and a major there, impairment of people&#8217;s use before you say &#8220;Hey, that&#8217;s a problem, something has to be done about it&#8221;?<br />
<br />
<a href="#t1121" id="t1121" title="Time: 11:21">11:21</a> JB: No, no, quite to the contrary.  I&#8217;m not waiting for there to be an instance of congestion for the Internet to experience some huge cataclysmic brownout which has been predicted but has never happened.<br />
<br />
<a href="#t1130" id="t1130" title="Time: 11:30">11:30</a> KvF: Right.<br />
<br />
<a href="#t1131" id="t1131" title="Time: 11:31">11:31</a> JB:  Instead, uh, the ISPs have consistently held that their information about their networks is proprietary information, even though there&#8217;s a,  an intense amount of public, uh, monies that have gone into the building of those networks and they&#8217;re built over private and public land, through the right-of-way laws.  We don&#8217;t know, just the data they have over how much capacity is being used, how much dark fibre is left.  Some people have suggested that they&#8217;re not using a fraction of it.  And yet they point to congestion as the cause of practices which might just be practices that are in their best business interests.  So&#8211;<br />
<br />
<a href="#t1230" id="t1230" title="Time: 12:30">12:30</a> KvF: Well, well just a second.  You know, you have, uh, If somebody comes forward and says this, uh, Internet Service Provider is it in, applying Internet Traffic Management, and he is, uh, this, that, unfairly, uh, discriminating against me or, uh, it may impairs my use, and the first, then the onus, as we set out in our, uh, the, our decision, is on the ISP to come forward and say either &#8220;No I&#8217;m doing it&#8221; or &#8220;Yes I&#8217;m doing it and I&#8217;m driven to it by this and this&#8221; and you go though the analytical framework.  So you&#8217;re positing right away that actually that, that is happening.  I don&#8217;t, you have to, that&#8217;s exactly what you are trying to do, trying to be preventive and, uh, prompt.  If and when congestion arises, if it doesn&#8217;t arise then of course there&#8217;s no issue.  If it does arise, then, as I said before, that&#8217;s, they may build extra infrastructure, if not they put in economic measures to, to have people pay for the use and thereby modu, modulate the use.  If that doesn&#8217;t work then only you go to technical ones.  Then, uh, uh, you want me to prove a disaster before it has happened.  How can I do that?<br />
<br />
<a href="#t1317" id="t1317" title="Time: 13:17">13:17</a> JB: Is this really such a great mystery?  Uh, the congestion they claim has already occurred and the throttling has already occurred.  The complaints from the public have been loud and clear.  All of this has been brought forward to you. Is this really a wait-and-see kind of a situation?<br />
<br />
<a href="#t1328" id="t1328" title="Time: 13:28">13:28</a> KvF: No but its, throttling has occurred to CAIP.  So, throttling has occurred because Bell said they were running out of capacity during those hours, those hours so they came in close to the limits of their capacity. And in that decision when we heard it, you know, on the basis of the evidence we said &#8220;yeah, yeah, there&#8217;s a reasonable apprehension and therefore you&#8217;re, you&#8217;re entitled to take the measures that you were, were taking&#8221;.  That&#8217;s how it always have, you know, hopefuly we won&#8217;t have cases where there has been a brownout and then people complain that says the question always is, are they close enough to brownout that they have to resort to these extreme measures.<br />
<br />
<a href="#t1405" id="t1405" title="Time: 14:05">14:05</a> JB:  Transparency is one of the issues that this ruling speaks about.<br />
<br />
<a href="#t1408" id="t1408" title="Time: 14:08">14:08</a> KvF: Yeah.<br />
<br />
<a href="#t1408a" id="t1408a" title="Time: 14:08">14:08</a> JB: And is there, is there any onus on the ISPs to be more transparent about their networks to the public?<br />
<br />
<a href="#t1412" id="t1412" title="Time: 14:12">14:12</a> KvF: Very much so. We, we heard from some ISPs. We, through the tests have termed that they&#8217;ve, there&#8217;s really nothing on the Internet about this. And we felt, you know, if you&#8217;re already a customer you should know. You should know what it is, &#8217;cause say for arguments sake, you&#8217;re a customer of ISP X. If ISP X employs, uh, a TM piece it has to say on it, that web site, this is what we&#8217;re doing, ta ra ta. And by the way, this is how, how it&#8217;s going to affect you, Mister User.&#8221; So that you then have these choice of saying &#8220;Well there, I am sorry, that&#8217;s unacceptable, I go to somebody else.&#8221;   Or else you say &#8220;Well that seems, that seems sense, perfectly  sensible, that makes sense, uh, and, and I accept it.&#8221;  But you should have is the ability to choice, of choice as a consumer, and you won&#8217;t have that unless you are informed. And that&#8217;s why we&#8217;re saying transparency is absolutely vital.  You have to put it on your Web site, you have to explain that you do it and what the effect is. And you also have to people, take people, give people reasonable notice so they can make an informed choice and not locked in.<br />
<br />
<a href="#t1515" id="t1515" title="Time: 15:15">15:15</a> JB: Well, I, I wonder if, uh, if the ISPs might just state that they&#8217;re going to do it, and then do it and the consumer options will be as limited as they are now.<br />
<br />
<a href="#t1522" id="t1522" title="Time: 15:22">15:22</a> KvF: Don&#8217;t forget, there&#8217;s a competitive advantage to not doing it, so if one guy does doesn&#8217;t mean the other one will do it as well.<br />
<br />
<a href="#t1528" id="t1528" title="Time: 15:28">15:28</a> JB: The FCC, uh, has just announced that they are going forward with much more rigid open Internet Net Neutrality guidelines. Do you feel that there is a risk of Canada falling further behind the United States in terms of the open Internet and innovation?<br />
<br />
<a href="#t1542" id="t1542" title="Time: 15:42">15:42</a> [silence]<br />
<br />
<a href="#t1544" id="t1544" title="Time: 15:44">15:44</a> KvF: Well, first off I don&#8217;t accept that we&#8217;ve fallen behind, et cetera. You have to look at all these numbers, et cetera. Specially in the context of the population based geography and the democratic distribution. To make an outright comparison between us and the States I think, it is comparing apples and oranges.  So if you, if you look at it, and, put in the necessary qualifiers or weights in terms of, as I say, democra, uh, demographic distribution, geography and population base, we&#8217;re doing very well. And, uh, yes we can do better, we can always do better. But the rules that we&#8217;ve made, we made for the Canadian context.  Now they, they&#8217;re not for the American context, would have surprised me very much if the US would have used similar rules. But they have a different market, and they have far more players, and they have a far bigger population base.<br />
<br />
<a href="#t1633" id="t1633" title="Time: 16:33">16:33</a> JB:  Mr. Chairman, I won&#8217;t take up too much of your time. I have one final question for you.  It&#8217;s part of my job, as it is part of yours, to take the temperature of the Canadian public, uh, on these issues.<br />
<br />
<a href="#t1641" id="t1641" title="Time: 16:41">16:41</a>  KvF:  Hmm.<br />
<br />
<a href="#t1641a" id="t1641a" title="Time: 16:41">16:41</a>  JB: So I&#8217;ve followed the conversations that people are having online and people write to me about it, and I take part in those converations. And I&#8217;m sure you do too.  I don&#8217;t think I&#8217;m exaggerating, at all, to say that Canadians feel, with, with certain justification, that they&#8217;re getting ripped off.  By Internet Service Providers, they, they feel that they pay more than many other parts of the developed world, and that they&#8217;re getting less, and there&#8217;s studies to back this up. They feel they&#8217;re not getting the speeds and the services they&#8217;re promised that are advertised. They feel they don&#8217;t have as much consumer choice as they should and they&#8217;re forced to pay usurous rates to companies that they don&#8217;t like. And they&#8217;re afraid that our country is falling further and further behind.  And that no-one&#8217;s really standing up for them.  As of today I think, uh, almost 9,000 Canadians have signed a petition to dissolve the CRTC.  C-c-can you speak to these Canadians and their concerns, &#8217;cause I think that is the predominiant feeling, not that the CRTC should be dissolved, but that we&#8217;re getting ripped off by Internet Service Providers.<br />
<br />
<a href="#t1735" id="t1735" title="Time: 17:35">17:35</a> KvF: No, my, uh, uh, Can&#8217;t think dissolving the CRTC would have, uh, would help you in terms of Internet access. But to the, to the bigger point that you&#8217;re, you&#8217;re making. Yes, there may be, there may be a few in that further fear, uh, fear falling behind.  I, I don&#8217;t, uh, haven&#8217;t seen any studies, I have, I have certainly, uh, seen, that a lot of commentators feel about that.<br />
<br />
<a href="#t1756" id="t1756" title="Time: 17:56">17:56</a> JB: Oh I can point to, to&#8211;<br />
<br />
<a href="#t1756a" id="t1756a" title="Time: 17:56">17:56</a> KvF: And I, uh, I, and I think you know we also do see clearly that governments have woken up and that broadband, more broadband is a necessity. And you see various provincial initiatives, you see some federal initiatives.  Are there enough of them?  Not really. Uh, clearly this is the very exploding area and the use is, is making demands on the infrastructure which is not being met pres, presently and we should pay attention to it. I mean, this, I think, once you only look at one aspect, the whole aspect is, is, is sort of digital red revolution and the need for digital, national digital strategy, which includes, in effect, a lot of expansion of the Internet, more of infrastructure, et cetera. I think everybody recognizes the need for it. Uh, to what extent, the government should do it, to what extent private individual do it, and what extent you can do it by, uh, by encouraging more players  to enter the field, et cetera.  Those are the old issues, really, of so macro-economics policies is for the government to decide, not for me as a regulator, CRTC. I can only deal with the existing infrastructure is there, and make sure that our measures are not seen as a break to further development of the broadband.<br />
<br />
<a href="#t1907" id="t1907" title="Time: 19:07">19:07</a> JB: Chairman von Finckenstein, thank you very much for your time today.<br />
<br />
<a href="#t1910" id="t1910" title="Time: 19:10">19:10</a>  KvF: You&#8217;re welcome. You&#8217;re welcome.  Bye-bye.<br />
<br />
<a href="#t1912" id="t1912" title="Time: 19:12">19:12</a>  [Theme Music]<br />
<br />
<a href="#t1919" id="t1919" title="Time: 19:19">19:19</a> JB:  Search Engine is produced by me, and a community of Internet hogs.  E-mail me story tips and freelance pitches at jesse@jessebrown.ca  You can follow me on Twitter @jessebrown  Our Facebook group is SearchEngine TVO, and come read the blog at TVO.org/searchengine.  The next podcast will be up first thing Tuesday morning.<br />
<br />
<a href="#t1942" id="t1942" title="Time: 19:42">19:42</a> [Theme Music]<br />
<br />
<a href="#t2007" id="t2007" title="Time: 20:07">20:07</a> [end]
</p></blockquote>
</div>
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		<slash:comments>9</slash:comments>
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		<title>Welcome back!</title>
		<link>http://bob.jonkman.ca/blogs/2009/10/16/welcome-back/</link>
		<comments>http://bob.jonkman.ca/blogs/2009/10/16/welcome-back/#comments</comments>
		<pubDate>Fri, 16 Oct 2009 08:37:49 +0000</pubDate>
		<dc:creator>Bob</dc:creator>
				<category><![CDATA[blogging]]></category>
		<category><![CDATA[code]]></category>

		<guid isPermaLink="false">http://bob.jonkman.ca/blogs/?p=19</guid>
		<description><![CDATA[This blog is not for reading at its new location&#8230; Here! In politics, this would be called &#8220;crossing the floor&#8221; &#8212; not only did this blog move to a new domain name, but the underlying software has changed from Blogger to WordPress. There&#8217;s a political statement if ever there was one. The move isn&#8217;t done [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_32" class="wp-caption alignright" style="width: 180px"><a href="http://picasaweb.google.com/lh/photo/S6bkFOBx-hhAp3P22HfH9g"><img class="size-full wp-image-32" src="http://bob.jonkman.ca/blogs/files/2009/10/walking_letters.gif" alt="Crossing the Floor" width="170" height="266" /></a><p class="wp-caption-text">Crossing the Floor</p></div>
<p>This blog is not for reading at its new location&#8230;  Here!</p>
<p>In politics, this would be called &#8220;crossing the floor&#8221; &#8212; not only did this blog move to a new domain name, but the underlying software has changed from <a title="Blogger: Create your free blog" href="https://www.blogger.com/start">Blogger</a> to <a title="WordPress &gt; Blog Tool and Publishing Platform" href="http://wordpress.org/">WordPress</a>.  There&#8217;s a political statement if ever there was one.</p>
<p>The move isn&#8217;t done yet.  There may be some superficial colour and layout changes, some slightly more substantial tweaking of sidebars and widgets, and possibly a very substantial URL change (I&#8217;d really like to get rid of &#8220;blogs&#8221; in <a title="Welcome Back! - This Blog Is Not For Reading" href="http://bob.jonkman.ca/blogs/2009/10/16/welcome-back/">http://bob.jonkman.ca/<em>blogs</em>/2009/10/16/welcome-back/</a>, but keep the sign-in page at <a title="Jonkman Family Blogs" href="http://jonkman.ca/blogs/">http://jonkman.ca/blogs/</a>.  Technical advice for crafting Apache rewrite code is welcome, and will be duly credited.</p>
<p>Now that it&#8217;s on the Jonkman Family web site, I hope there are other Jonkman family members who start their own blogs here too.  You&#8217;ll need an e-mail address in the @jonkman.ca domain, but those addresses are <a title="Send a request to Bob Jonkman for an @jonkman.ca e-mail address" href="mailto:bjonkman@sobac.com?subject=jonkman.ca%20e-mail%20address&amp;body=Hi!%20I'd%20like%20to%20get%20an%20@jonkman.ca%20e-mail%20address">available for the asking</a>.</p>
<p>&#8211;Bob.</p>
<p>(image from <a title="Nizzlebop's Gallery, Picasa Web Albums" href="http://picasaweb.google.com/lh/photo/S6bkFOBx-hhAp3P22HfH9g">Nizzlebop&#8217;s Gallery</a>, labelled for re-use by <a title="Google Image Search for &quot;walking letters&quot;" href="http://images.google.ca/images?as_q=walking+letters&amp;imgtbs=r&amp;as_rights=%28cc_publicdomain|cc_attribute|cc_sharealike|cc_noncommercial|cc_nonderived%29&amp;hl=en&amp;rlz=1B3GGGL_enCA264CA264&amp;um=1&amp;btnG=Google+Search&amp;as_epq=&amp;as_oq=&amp;as_eq=&amp;imgtype=&amp;imgsz=&amp;imgw=&amp;imgh=&amp;imgar=&amp;as_filetype=&amp;imgc=&amp;as_sitesearch=&amp;as_rights=%28cc_publicdomain|cc_attribute|cc_sharealike|cc_noncommercial|cc_nonderived%29&amp;safe=off&amp;as_st=y">Google Image Search</a>)</p>
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		<slash:comments>2</slash:comments>
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		<title>Feedback from Copyright Consultation submission</title>
		<link>http://bob.jonkman.ca/blogs/2009/09/24/feedback-from-copyright-consultation-submission/</link>
		<comments>http://bob.jonkman.ca/blogs/2009/09/24/feedback-from-copyright-consultation-submission/#comments</comments>
		<pubDate>Thu, 24 Sep 2009 16:41:00 +0000</pubDate>
		<dc:creator>Bob</dc:creator>
				<category><![CDATA[copyright]]></category>
		<category><![CDATA[copyright consultation]]></category>
		<category><![CDATA[feedback]]></category>
		<category><![CDATA[usage based billing]]></category>

		<guid isPermaLink="false">http://bob.jonkman.ca/blogs/2009/09/24/feedback-from-copyright-consultation-submission/</guid>
		<description><![CDATA[A few days after I posted my Canadian Copyright Consultation submission I received some e-mail feedback from Robert: Hello Bob Jonkman, I&#8217;ve read most of your input about U.B.B. and found it surprising that you, a software developer of all people, would oppose the U.B.B. ruling. I&#8217;ve read your blog: [link] While reading, I&#8217;ve stumbled [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://3.bp.blogspot.com/_TyDzbyPBPhU/SruykrL_oVI/AAAAAAAABqk/j62agdzhkOU/s1600-h/feedback-icon.png"><img style="margin: 0pt 0pt 10px 10px;float: right;cursor: pointer;width: 161px;height: 194px" src="http://3.bp.blogspot.com/_TyDzbyPBPhU/SruykrL_oVI/AAAAAAAABqk/j62agdzhkOU/s320/feedback-icon.png" border="0" alt="" /></a><br />
A few days after I posted my <a href="http://bob.jonkman.ca/blogs/2009/09/12/canadian-copyright-consultation-submission/">Canadian Copyright Consultation submission</a> I received some e-mail feedback from Robert:</p>
<blockquote><p>Hello Bob Jonkman,</p>
<p>I&#8217;ve read most of your input about U.B.B. and found it surprising that you, a software developer of all people, would oppose the U.B.B. ruling.</p>
<p>I&#8217;ve read your blog: [<a href="http://bob.jonkman.ca/blogs/2009/09/12/canadian-copyright-consultation-submission/">link</a>]</p>
<p>While reading, I&#8217;ve stumbled upon this:</p>
<p>&#8220;I favour shorter copyright terms, no criminalisation for<br />
non-commercial infringement, no criminalisation of circumvention of technical protection measures, and no media levies.&#8221;</p>
<p>Now, as a software developer, someone who uses copyright and programs protections, to what extent that you favour the above sentence?</p></blockquote>
<p>My reply:</p>
<blockquote><p>Hi Robert:  As a software developer I am especially concerned with Usage Based Billing.  I need to access online documentation, I use forums, blogs, and mailing lists to interact with other developers and clients, I run servers both for production and to test Web applications.  But what will affect me most is downloading programs, software tools, and complete CD and DVD images with operating system distributions.  All this activity puts me well beyond Bell&#8217;s proposed limit of 60 GBytes per month.  Connection fees will nearly double for me under UBB, and I get nothing for it.</p>
<p>The statement on copyright, that I favour shorter terms and no technical protection measures are completely consistent with my position as a developer.  In the first place, I need to use materials that are either freely available, or purchased from commercial sources.  Bad licenses that use copyright law to restrict my use of material that I&#8217;ve legally purchased are harmful to me.  For example, I want to write an addressbook program for a smart phone.  But the vendor has restricted my ability to read the phone&#8217;s memory, and claims it is infringing that vendor&#8217;s copyright for me to reverse engineer the phone.  This is harmful to me (I can&#8217;t do the work), it is harmful to my client (who can&#8217;t get the software he needs), and it is actually harmful to the phone vendor (because neither I or my client will ever buy that phone again).</p>
<p>Reduced copyright and fewer technical protection measures are also good for me, because more people will be able to make use of my software, leading to more work for me.  Note that I never use &#8220;programs protections&#8221; for my software &#8212; it&#8217;s just not good for business.  And while my software is copyrighted, I still grant licenses under GPL to make copies, requiring only that those who use my code give me attribution, and that their code uses the same license.</p>
<p>I don&#8217;t <strong>sell</strong> software, by the way.  People pay me to write software. The software that gets written either belongs to the client (&#8220;work for hire&#8221;, so the client has the copyright), or I retain copyright and release the code under GPL.</p></blockquote>
<p>Some of the <a title="Copyright Consultations - Submissions" href="http://www.ic.gc.ca/eic/site/008.nsf/eng/h_00001.html">submissions are now posted online</a>.  Alarmingly, <a title="Laurel L. Russwurm - In The Wind - Just under the wire: My Copycon Submission" href="http://laurelrusswurm.wordpress.com/2009/09/14/just-under-the-wire-my-copycon-submission/">many</a> <a title="Scott Elcomb - Libertatia Canada - My Submission to the Canadian Copyright Consultation" href="http://psema4.com/blog/libertatia.php/2009/09/13/my-submission-to-the-canadian-copyright-">of the</a> <a title="Denver Gingerich - A Better World - My copyright consultation submission" href="http://ossguy.com/?p=448">submissions</a> <a title="Chris Frey - KWLUG Discussion List - my Copyright Consultation submission" href="http://astoria.ccjclearline.com/pipermail/kwlug-disc_kwlug.org/2009-September/001801.html">I read</a> <a title="Paul Nijjar - KWLUG blogs - Submission to copyright consultation" href="http://www.kwlug.org/node/676">online</a> are not on the site. Hopefully the immense backlog has merely delayed the Copyright Consultation folks, and they&#8217;ll appear soon.</p>
<p>[Added 8 October 2009: It seems <a title="Copyright Consultations - Jonkman, Bob" href="http://www.ic.gc.ca/eic/site/008.nsf/eng/02189.html">my copyright submission was posted</a> on the <a title="Copyright Consultations" href="http://copyright.econsultation.ca/">Copyright Consultations</a> web site on 2 October 2009]</p>
<p>Even if you didn&#8217;t make a submission, you can still <a title="Find your Member of Parliament using your Postal Code" href="http://www2.parl.gc.ca/Parlinfo/Compilations/HouseOfCommons/MemberByPostalCode.aspx">write to your MP</a> and the <a title="Canadian Heritage - The Honourable James Moore - Contact the Minister" href="http://www.canadianheritage.gc.ca/pc-ch/minstr/moore/cntct/index-eng.cfm">Honourable Minister of Canadian Heritage, James Moore</a> and the <a title="Our Minister and Ministers of State - Minister of Industry - The Honourable Tony Clement" href="http://www.ic.gc.ca/eic/site/ic1.nsf/eng/h_00279.html">Honourable Minister of Industry, Tony Clement</a> to let them know your views.</p>
<p>You can contact me too.  <a title="Post a comment" href="http://bob.jonkman.ca/blogs/2009/09/24/feedback-from-copyright-consultation-submission/#postcomment">Post a comment</a>, or <a title="Send e-mail to Bob Jonkman" href="mailto:bjonkman@sobac.com?subject=Comment%20on%20Feedback%20from%20Copyright%20Consultation%20Submission">send me e-mail</a>.</p>
<p>&#8211;Bob.</p>
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		<title>Canadian Copyright Consultation submission</title>
		<link>http://bob.jonkman.ca/blogs/2009/09/12/canadian-copyright-consultation-submission/</link>
		<comments>http://bob.jonkman.ca/blogs/2009/09/12/canadian-copyright-consultation-submission/#comments</comments>
		<pubDate>Sat, 12 Sep 2009 23:17:00 +0000</pubDate>
		<dc:creator>Bob</dc:creator>
				<category><![CDATA[Big media]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[copyright consultation]]></category>
		<category><![CDATA[drm]]></category>
		<category><![CDATA[ebooks]]></category>
		<category><![CDATA[filesharing]]></category>
		<category><![CDATA[music]]></category>
		<category><![CDATA[newspapers]]></category>

		<guid isPermaLink="false">http://bob.jonkman.ca/blogs/2009/09/12/canadian-copyright-consultation-submission/</guid>
		<description><![CDATA[Here is my submission to the Canadian Copyright Consultations. Submissions have to be submitted by Sunday,13 September &#8212; that&#8217;s tomorrow as I write this. I declare this text to be in the public domain &#8212; feel free to cut, copy, paste, use, re-use, recycle, reduce, or expand as you see fit, no attribution necessary. Just [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.speakoutoncopyright.ca/" title="Speak Out On Copyright"><img src="http://bob.jonkman.ca/blogs/files/2010/03/copyright_logo.png" alt="Speak Out On Copyright bullhorn logo" style="float: right" border="1" width="200" /></a>Here is my submission to the Canadian <a href="http://copyright.econsultation.ca/" title="Copyright Consultations">Copyright Consultations</a>.</p>
<p>Submissions have to be submitted by Sunday,13 September &#8212; that&#8217;s tomorrow as I write this.</p>
<p>I declare this text to be in the public domain &#8212; feel free to cut, copy, paste, use, re-use, recycle, reduce, or expand as you see fit, no attribution necessary.  Just get your submission in!</p>
<p>&#8211;Bob.</p>
<hr />
<p>Author:  Bob Jonkman<br />E-mail:  bjonkman@sobac.com</p>
<p><span style="font-weight: bold">To:     </span><br />info@copyrightconsultation.gc.ca</p>
<p><span style="font-weight: bold">CC:</span><br />The Hon. James Moore, MP, Minister of  Canadian Heritage<br />      The Hon. Tony Clement, MP, Minister of Industry<br />      The Hon. Harold Albrecht, MP<br />      submissions@faircopy.ca</p>
<p><span style="font-style: italic">1. How do Canada’s copyright laws affect you? How should existing laws be modernized?</span></p>
<p>My name is Bob Jonkman.  I am a software author and technical writer, and make use of copyrighted material in my work — reference documents, purchased commercial software, free Open Source software, and freely available software with various license restrictions.  I am married to a television screenwriter, my sister is a journalist, my father-in-law is a musician and song writer, and my brothers- and sisters-in-law are fine artists, musicians, and authors.  Copyright law affects me and my family in how we earn our livings at work, and how we entertain ourselves at home.</p>
<p>I am not a lawyer, or an expert on copyright and intellectual property law. As a technologist, I have been following the copyright arguments online, and  feel qualified only to comment on how copyright should work with technology, and how technology affects the way copyright can work.</p>
<p><span style="font-style: italic">2. Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time</span></p>
<p><span style="font-style: italic">3. What sorts of copyright changes do you believe would best foster innovation and creativity in Canada?</span></p>
<p><span style="font-style: italic">4. What sorts of copyright changes do you believe would best foster competition and investment in Canada?</span></p>
<p><span style="font-style: italic">5. What kinds of changes would best position Canada as a leader in the global, digital economy?</span></p>
<p>The last four discussion points are very interrelated, and rather than repeat myself for each point I&#8217;d like to answer these questions for each aspect of copyright law that concerns me.  Overall, I favour shorter copyright terms, no criminalisation for non-commercial infringement,  no criminalisation of circumvention of technical protection measures, and no media levies.  At the same time I think there can be a strong copyright law that favours creators and content owners, while not adversely affecting Canadians buying or using copyrighted material.</p>
<p><span style="font-weight: bold">Length of Copyright</span>: Less copyright is good copyright.  With current terms extending fifty years after the author&#8217;s death, most works are obsolete by the time they fall into the public domain.  This is especially true for technical documentation and software, where the effective usefulness may be measured in months rather than years.  I would be in favour of a copyright term of 20 years, measured from the time of the creation of the work, but not to exceed the life of the author.  An estate should have no copyright over a deceased author&#8217;s work — copyright is a right to exclusive copying, not a right to eternal income.</p>
<p><span style="font-weight: bold">Copyright Registry</span>: It is difficult to determine if a work is under copyright if the author is not known.  With a copyright registry there is a clear and definitive determination whether a work is under copyright — if it is not registered or the registration has expired, the work is in the Public Domain.  The National Library of Canada already collects all works of Canadian authors (and composers and musicians), and would make a good repository for a copyright registry.  Registering copyright should be done at no cost to the author, to avoid disenfranchising the less wealthy. I realize that a copyright registry is not a popular option, and may not follow international guidelines, but here Canada has a means to create a unique solution for Canadians.</p>
<p><span style="font-weight: bold">Crown Copyright</span>:   There should be no Crown Copyright.  The Government of Canada and the provinces produce many good, important works, which should be placed immediately in the Public Domain.  These works are produced with tax dollars, so, in effect, Canadian citizens are already the owners of these works.  While purchasing government publications at the government bookstores may offset printing costs, reproducing them electronically and making them available on Web sites incurs no additional costs. With free distribution those government publications are no longer available only to those with disposable income.  From the technology perspective, once government data is freely available many new online services can be created (eg. Geospatial data for mapping applications), which are now restricted by Crown copyright.</p>
<p><span style="font-weight: bold">Fair Use, Parody, Satire, Criticism</span>: The Canadian Fair Dealing exceptions to copyright are too restrictive.  This makes it impossible to provide commentary or criticism in context, or any parody or satire on a work at all.  Copyright law should have clear language to allow educational excerpts for parody and satire, and quoting for criticism.  Educational institutions should have broad exemptions to be able to quote from copyrighted works where that work is under study, but not for freely copying reference materials.  Open Source or Open Documentation licences for reference material is a good alternative, and those works can still be covered by copyright.</p>
<p><span style="font-weight: bold">Format Shifting, Time Shifting, Location Shifting, Personal Use</span>:  Activities such as copying a CD to an MP3 player, recording a TV show for viewing at another time, or uploading purchased music to an Internet service to make it available to the purchaser anywhere online are all taken for granted by Canadians in the age of computers.  There needs to be clear language in copyright law that  making a copy for personal use is completely legal.  That creating backup copies of software, digitital media or works stored in electronic formats for personal use is legal. That changing the format from text to speech or braille is legal. With clear legal standing, many new online services can be created, which today are avoided because of their potential illegality (eg. An online service which lets me pick up my digital TV subscription anywhere online, or online personal backup repositories).</p>
<p><span style="font-weight: bold">Digital Rights Management (DRM), Technical Protection Measures (TPM)</span>:  The circumvention of DRM and TPM must not be illegal, and the tools to perform circumvention must not be illegal, and the dissemination of knowledge to circumvent must not be illegal.  The &quot;Content Industry&quot; tries to protect its copyright by making it difficult to make copies.  Sadly for them, this is always ineffective.  Even when circumvention of  DRM and TPM is itself made illegal, the people who  make illegal copies have no qualms about illegal circumvention either.  The only harm is to people who purchase media with DRM or TPM, who are prevented from exercising their personal use rights for format shifting or time shifting.  The company that holds the keys to DRM is above the law, and can remove legally purchased material by revoking the keys.  I don&#8217;t advocate making DRM or TPM illegal — let those who want to apply DRM and TPM to their material do so.  Their competitors who publish material without DRM will quickly out-sell them.</p>
<p><span style="font-weight: bold">Lawsuits by Big Media</span>: It seems to me that the &quot;Content Industry&quot; is driving much of the efforts to change copyright law.  As prominent Canadian lawyers like Howard Knopf have noted, Canadian copyright law is plenty strong already.  Content distributors (not authors, musicians or filmmakers) are abusing copyright law as a revenue source — it is far more lucrative to threaten and settle for thousands of dollars, or to sue and be awarded millions of dollars, than it is to actually create content.  Copyright law must clearly state that commercial infringement is a criminal act, but non-commercial, personal infringement (where there is no financial gain) is not.  Canadians should not live in fear of criminalisation merely for listening to music, or letting customers in the waiting room listen to music.  Companies should be liable for frivolous lawsuits — making a false claim of infringement should incur far heavier penalties than those of the alleged infringement.</p>
<p><span style="font-weight: bold">Making Available</span>: It is not a crime for me to leave my bicycle unlocked — the criminal is the one who steals it, locked or not.  By the same token, making copyrighted material available should not be illegal, but infringement of copyrighted content should be (with appropriate penalties depending on whether such infringement is commercial or non-commercial).</p>
<p><span style="font-weight: bold">Carrier Liability</span>: It is easier to identify the service provider hosting infringing content than the person who puts it there.  Carriers should not be held liable for the actions of their customers — to use the bicycle analogy again, the parking facility is not responsible for the bike theft.</p>
<p><span style="font-weight: bold">Three Strikes, Graduated Response, Notice and Takedown, Notice and Notice</span>:  It is easy to identify the Internet Service Provider hosting infringing content, but ISPs must not be put in the position of enforcers.  If there is evidence of infringement then there are already mechanism in Canadian law to stop it.  The law must clearly state that accusations by the &quot;Content Industry&quot; without proof will not result in denial of Internet service for Canadians.   The content industry can report infringement to law enforcement authorities, just like any other infringing activity is dealt with in other venues. Internet service is too important to Canadians to allow the content industry to arbitrarily cut it off.  Notice and Notice would be a polite way to inform someone of possible infringement, and is the right Canadian thing to do.</p>
<p>Of course, if  <span style="font-weight: bold">Making Available</span> is no longer an infringement of copyright, then there is no need for Carrier Liability, Three Strikes, or Notice of any kind.</p>
<p><span style="font-weight: bold">Media Levies, ISP Levies</span>:  There should be no levies on media at all, nor should Internet Service Providers be required to collect levies.  As technology progresses, more and more material will be available digitally.  It seemed to be a good idea in 1996 to collect a music levy on CDs to offset the cost of music infringement.   Unfortunately, the media on which the music levy is applied can be used for many other purposes — data storage, movies, games, software, coasters.  The media levy is improperly collected more often than not.  And levies cannot cover all the content available &#8212; today  movies, books, newspapers and games are all available digitally too, and there are many more media capable of holding digital content: portable hard drives, solid state thumbdrives, iPods, cameras, phones and Blackberries.  The amount of digital content will only increase, and new digital media will be invented.  New Creative Content licenses on content are also becoming popular, which the creators explicitly want to be free.  Paradoxically, collecting a levy is both overly broad and inadequate at the same time.</p>
<p><span style="font-weight: bold">Secretive international agreements, eg. ACTA</span>: Open government is good government.  Inviting Canadians to submit their thoughts on copyright has sparked a national interest in the process of lawmaking, and the workings of Canadian parliament in general.  Canadians have been given a direct, effective voice in how their country is governed, a textbook example of participatory democracy.  Unfortunately, at the same time Canada is participating in the Anti-Counterfeiting Trade Agreements talks, which threaten to undermine all the work being done on copyright reform. Not only are Canadian citizens themselves excluded from these talks, it seems foreign interests will be dictating how Canada should form its copyright, trademark and other laws.  Please ensure that any negotiations of this type are publicly reported, and that Canadians&#8217; views on copyright are represented.  If Canada can participate in these negotiations only with the condition of secrecy, then decline to participate.  As these copyright consultation submissions show, Canadians are perfectly capable of designing their own copyright law.</p>
<p>Thank you,</p>
<p>&#8211;Bob Jonkman.</p>
<p>[Added 8 October 2009: It seems <a href="http://www.ic.gc.ca/eic/site/008.nsf/eng/02189.html" title="Copyright Consultations - Jonkman, Bob">my copyright submission was posted</a> on the <a href="http://copyright.econsultation.ca/" title="Copyright Consultations">Copyright Consultations</a> web site on 2 October 2009]</p>
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		<title>Usage Based Billing Considered Harmful</title>
		<link>http://bob.jonkman.ca/blogs/2009/08/13/usage-based-billing-considered-harmful/</link>
		<comments>http://bob.jonkman.ca/blogs/2009/08/13/usage-based-billing-considered-harmful/#comments</comments>
		<pubDate>Thu, 13 Aug 2009 20:33:00 +0000</pubDate>
		<dc:creator>Bob</dc:creator>
				<category><![CDATA[Bell Canada]]></category>
		<category><![CDATA[CRTC]]></category>
		<category><![CDATA[Net Neutrality]]></category>
		<category><![CDATA[considered harmful]]></category>
		<category><![CDATA[dslreports]]></category>
		<category><![CDATA[teksavvy]]></category>

		<guid isPermaLink="false">http://bob.jonkman.ca/blogs/2009/08/13/usage-based-billing-considered-harmful/</guid>
		<description><![CDATA[The CRTC approved Bell&#8217;s request to charge the customers of third-party ISPs &#8220;Usage Based Billing&#8221;, to take effect in 90 days (November 2009). There&#8217;s much discussion on DSL Reports. Rocky Gaudrault, the president of Teksavvy ISP, weighs in with some advice: We&#8217;ll all need to make a concerted effort to curb our downloading to ensure [...]]]></description>
			<content:encoded><![CDATA[<p>The <a href="http://www.crtc.gc.ca/eng/archive/2009/2009-484.htm" title="Telecom Order CRTC 2009-484 - Bell Aliant Regional Communications, Limited Partnership and Bell Canada – Applications to introduce usage-based billing and other changes to Gateway Access Services">CRTC approved</a> Bell&#8217;s request to charge the customers of third-party ISPs &#8220;Usage Based Billing&#8221;, to take effect in 90 days (November 2009).</p>
<p>There&#8217;s <strong>much</strong> <a href="http://www.dslreports.com/forum/r22854579-From-Rocky-OUTRAGEOUS-CRTC-Descision" title="DSL Reports - From Rocky: OUTRAGEOUS CRTC Descision">discussion on DSL Reports</a>.  Rocky Gaudrault, the president of <a href="http://teksavvy.ca/" title="Teksavvy Solutions Inc.">Teksavvy ISP</a>, weighs in with <a href="http://www.dslreports.com/forum/r22857837-Re-From-Rocky-OUTRAGEOUS-CRTC-Descision" title="DSL Reports - Re: From Rocky: OUTRAGEOUS CRTC Descision"> some advice</a>: <q cite="http://www.dslreports.com/forum/r22857837-Re-From-Rocky-OUTRAGEOUS-CRTC-Descision">We&#8217;ll all need to make a concerted effort to curb our downloading to ensure we don&#8217;t give a dime more to Bell than we need to. We all know this is a cash grab and anti-competitive tactic [...]</q></p>
<p>Teksavvy offers a <em>Premium</em> package for $29.95 with $0.25/GiByte over 200 GiBytes, and an <em>Unlimited</em> package for $39.95, but with the new rates Bell won&#8217;t allow Teksavvy to offer an <em>Unlimited</em> package. Customers who use more than 60 GiBytes of bandwidth would be charged an extra $22.50 a month. For Teksavvy&#8217;s <em>Premium</em> customers, this is nearly <strong>double</strong> the current price. Customers who use more than 300 GiBytes in month would be charged an additional $0.75/GiByte.  For that extra money you don&#8217;t get faster speeds than today.  For that extra money you don&#8217;t get more downloads than today. For that extra money you don&#8217;t get a higher quality Internet. And that extra money goes to Bell, not Teksavvy.</p>
<div style="float: right;text-align: center;border: thin solid black;padding: .5em;font-size: smaller">
<a href="http://sobac.com/bjonkman/ubb/Teksavvy%20Unlimited%20Service%20chart.png" title="Full-size image: Teksavvy Unlimited Service, possible rates under UBB"><img src="http://bob.jonkman.ca/blogs/files/2010/02/Teksavvy-Unlimited-Service-chart-new.png" alt="Teksavvy UBB rates chart" width="95%" height="auto" /></a></p>
<p>Image from the OpenOffice spreadsheet <a href="http://sobac.com/bjonkman/ubb/Teksavvy%20possible%20UBB%20pricing.ods" title="OpenOffice spreadsheet, &quot;Teksavvy possible UBB pricing&quot;, 55 KiBytes"><em>Teksavvy possible UBB pricing</em></a>.</p>
<p style="font-size:smaller">Disclaimer: This is presented strictly as a comparison between what Teksavvy offers today and what might be the costs after UBB is implemented. This is sheer speculation; there has been no contact with Teksavvy staff on this.</p>
</div>
<p>60 GiBytes isn&#8217;t much, today:</p>
<p></p>
<ul>
<li>1 GiByte is about 300 average Flickr photos.</li>
<p></p>
<li>1 GiByte is about 3 hours of watching YouTube videos &#8212; if you watch an hour a day you&#8217;ll use about 10 GiBytes/month.</li>
<p></p>
<li>Using Bittorrent to download Ubuntu (or a movie) uses about 1.5 GiBytes.</li>
<p>
<li>Downloading one season of a TV show is about 16 GiBytes.</li>
<p></p>
<li>Downloading one High-Definition movie is about 40 GiBytes.</li>
<p>
</ul>
<p>Remember that this is charged both coming and going, so you&#8217;ll be paying for all the spam that arrives in your mailbox, all the ads on websites, all the automatic Windows updates.</p>
<p>Customers who only use e-mail and do a bit of Web surfing probably won&#8217;t be affected by the rate increase.  But anyone who uses the Internet more than casually will be paying more.</p>
<p>Even worse are the &#8220;Chilling Effects&#8221; &#8211; <a href="http://www.guardian.co.uk/technology/2009/may/19/we-must-ensure-google-garage" title="guardian.co.uk: Cory Doctorow: We must ensure ISPs don't stop the next Google getting out of the garage">who&#8217;s going to develop</a> new cool Web 2.0 applications if they&#8217;re constantly watching the meter to ensure they don&#8217;t exceed the 60 GiByte cap?  Who&#8217;s going to sign up for online video services if the movies exceed the cap?</p>
<p>Canada has certainly fallen behind the technology curve.  Usage Based Billing puts Canada in an even worse position than the <abbr title="Organization for Economic Co-operation and Development">OECD</abbr> <a href="http://www.oecd.org/document/4/0,3343,en_2649_34225_42800196_1_1_1_1,00.html" title="Broadband Portal Press Release - OECD broadband statistics (December 2008)">reported in 2008</a>.</p>
<div style="margin-left:auto;margin-right:auto;padding: .5em;border: thin solid black;font-size:smaller">
<a href="http://sobac.com/bjonkman/ubb/Average%20Broadband%20Price%20per%20MB.png" title="Full-size Image: Average broadband monthly price per advertised Mbits/s, Oct 2008, USD PPP"><br />
<img src="http://sobac.com/bjonkman/ubb/Average%20Broadband%20Price%20per%20MB.png" alt="Average Broadband Price per MB" style="margin-left:auto;margin-right: auto;width: 95%" /></a></p>
<p>Image from the Excel spreadsheet <a href="http://www.oecd.org/dataoecd/22/45/39575011.xls" title="Excel Spreadsheet: 39575011.xls, 21.5 KiBytes"><em>Average broadband monthly price per advertised Mbit/s, by country, USD PPP (Oct. 2008)</em></a> located at the <a href="http://www.oecd.org/document/54/0,3343,en_2649_34225_38690102_1_1_1_1,00.html" title="OECD Broadband Portal">OECD Broadband Portal</a>.</p>
<p>
</div>
<p>If you want to protest this, <a href="http://support.crtc.gc.ca/crtcsubmissionmu/forms/Telecom.aspx?lang=e" title="CRTC: Submit a telecom-related request">submit a complaint to the CRTC</a>.<br />For the type of application select <em>Tariff</em>, and as a subject, use <em>File Number # 8740-B2-200904989 – Bell Canada – TN 7181</em>.  Thanx to <a href="http://antoniocangiano.com/2009/04/14/canadians-fight-internet-usage-based-billing-ubb/" title="Canadians, fight Internet Usage Based Billing (UBB)">Antonio Cangiano</a> for these instructions!</p>
<p>I sent them this complaint:</p>
<blockquote><p>I was disappointed to learn that the CRTC has approved Bell&#8217;s request to charge Usage Based Billing on connections for independent resellers, despite the CRTC&#8217;s own admission that most submissions from Canadians are opposed to such a tariff.</p>
<p>Usage Based Billing adds a significant cost to Internet services supplied by independent operators, reducing their ability to differentiate based on bandwidth and price. Worse, Bell&#8217;s proposed rates to its own customers appear to be less than what it is charging to independent ISPs. The obvious conclusion is that Bell is trying to eliminate its competition.</p>
<p>Recent reports on global bandwidth have already placed Canada next-to-last in cost per megabyte of bandwidth. This latest tariff will only increase prices for consumers, without providing any increase in service. Canada will surely be in absolute last place globally when the next report is issued.</p>
<p>The CRTC is mandated to provide telecom regulation to benefit Canadians. With this tariff, the only Canadians to benefit are Bell shareholders.</p></blockquote>
<p>
&#8211;Bob.</p>
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