interweb freedom

(formerly Stop Usage Based Billing)

Posts Tagged ‘citizens’

The Hidden Rationale for Usage Based Billing

Posted by Laurel L. Russwurm on February 13, 2011

No Usage Based Billing!

by Sharon Polsky
President and CEO — AM¡NAcorp.ca
National Chair — CAPAPA

The recent discussion about Usage Based Billing being a ‘cash grab’ has generated much debate: Is a cash grab warranted? Should Internet users have to pay according to the volume they download?
Does UBB discourage innovation?

ACTA logo

The simple answer to the underlying question is:
ISPs and telcos need a way to fund
the Internet monitoring functions required by
the Anti Counterfeiting Trade Agreement (ACTA) and Canada’s Investigating and Preventing Criminal Electronic Communications Act (Bill C-52).

To understand the real impact, though, it is important to view UBB in context with other issues, which together: 

  • jeopardize the sovereignty of our nation,
  • have a chilling effect on freedom of expression, and
  • threaten the privacy and democratic freedoms traditionally enjoyed in Canada.

It can be argued that these measures do nothing to protect Canada or Canadians from the threat of terrorism (real or perceived), US protectionism or other economic threats, or future retribution by the Department of Homeland Security or other agencies.

UBB In Context

ACTA (the Anti-Counterfeiting Trade Agreement) is an international agreement to protect intellectual property and guard against piracy. It was hammered out by a handful of countries and requires signatories to have civil and criminal law that complies with it. Canada may have bargained away our ability to create independent legislation simply by being a party to ACTA, with terms allowing Canada to pass laws more stringent than required, but depriving us of the authority to create laws that contravene ACTA. This clearly undermines Canadian sovereignty.

ACTA was Negotiated in Secret

The US declared the draft ACTA text to be confidential as a matter of national security (the economy is a matter of ‘national security’ in both the US and Canada) so negotiation of the international scheme to guard against piracy and copyright infringement was done in secret, with a level of secrecy that excluded input from Canadian citizens, consumer and human rights groups, or Canada’s Information and Privacy Commissioner; yet the draft was circulated amongst rights-holder lobbyists (generally from the recording and motion picture industries). Many experts consider this to be an unprecedented degree of secrecy for a set of copyright protection rules.

Once approved, ACTA member countries are expected to put pressure on their trading partners to have them join the treaty — of course, after ACTA is finalized, so the newcomers will have no option but to accept the terms set by the original negotiating parties.

curls of razor wire against yellow brick

Prosecution, Remedies and Penalties under ACTA

Under ACTA, allegations advanced by rights holders lead to prosecution, remedies and penalties decided by judicial or ‘administrative’ authorities, with restitution and “lost profits” calculated by the rights holder. Although an alleged infringer can be ordered to reimburse the rights holder for the retail price and “lost profits”, legal expenses, court costs, and other amounts, as well as bearing the expense of destruction of allegedly counterfeit products, if it’s ultimately found that there was no infringement, the alleged infringer can ask for damages, but no process or formula is articulated.

Border officials will be compelled to carry out injunctions obtained in other countries, even if legal in the border official’s country. ACTA will also:

  • facilitate seizure of off patent medicines in the country of production and export,
  • empower member countries to seize and destroy exports while in transit to other countries
  • encourage countries to seize and inspect personal devices for any pirated material

The costs will be born by the individual being searched or the sender of the seized goods.

Privacy invasive provisions require release of personal identity information about alleged infringers, and information about any party who might be associated with alleged infringers are included in ACTA.

Third parties (i.e., distributors, NGOs, public health authorities) are put at risk of injunctions, provisional measures, and even criminal penalties, including imprisonment and severe economic losses:

  • Suppliers of active pharmaceutical ingredients used for producing generic medicines;
  • distributors and retailers who stock generic medicines;
  • NGOs who provide treatment;
  • funders who support health programs; and
  • drug regulatory authorities who examine medicines

could be implicated under ACTA. Ascertaining the third party involvement will require inspecting digital records; and ACTA compels disclosure and international sharing of that information.

Potential repercussions may well deter direct or indirect involvement in research, production, sale and distribution of affordable generic medicines.

Deep Packet Inspection (DPI) of online activity is already being used to identify alleged infringements. DPI has been in use by Canadian ISPs and telcos for some time. In August 2009, Canada’s Privacy Commissioner ruled on DPI used by Bell/Sympatico (Case Summary #2009-010). The Commissioner recommended that Bell Canada inform customers about Deep Packet Inspection, but did not prohibit its use.

“It is relatively easy to paint a picture of a network where DPI, unchecked, could be used to monitor the activities of its users.” 

Privacy Commissioner of Canada

Financial Impact of Bill C-52

Bill C-52: An Act regulating telecommunications facilities to support investigations
— referred to as the “Investigating and Preventing Criminal Electronic Communications Act” — is only one of the many ways that Canada is giving force and effect to ACTA.

C-52 is intended “to ensure that telecommunications service providers have the capability to enable national security and law enforcement agencies to exercise their authority to intercept communications and to require telecommunications service providers to provide subscriber and other information” upon request.

No warrant is necessary.

C-52 also requires the telcos and ISPs to provide the transmissions in an unencrypted form and to “comply with any prescribed confidentiality or security measures“.

to provide “any information in the service provider’s possession or control respecting:

  • the name,
  • address,
  • telephone number and
  • electronic mail address of any subscriber to any of the service provider’s telecommunications services and the
    Internet protocol address,
  • mobile identification number,
  • electronic serial number,
  • local service provider identifier,
  • international mobile equipment identity number,
  • international mobile subscriber identity number and
  • subscriber identity module card number that are associated with the subscriber’s service and equipment”.

Under current Canadian law, Internet Service Providers who have the means to spy on their customers (Deep Packet Inspection capability) can be asked to do so by the government, but they cannot be compelled to have such means.

Under C-52, Telcos are required to have and bear the cost of the equipment necessary to comply; and the equipment can be specified by the government or enforcement agencies. The cost of actually determining and providing the information to law enforcement will be billed to and paid by the requesting agency — with our tax dollars.

Usage Based Billing could well pay the costs of the Government mandated spyware that will be required should Bill C-52 become law. Not only will citizens find themselves stripped of privacy and spied on but we will be overcharged to pay for it.

The Future of ACTA

The ACTA text was finalized in November 2010, and the US and Canada (quietly) asked for feedback to be submitted by February 15th, 2011. The request was visible on the DFAIT website for a short time.

ACTA participants successfully completed a legal verification of the finalized ACTA text at a meeting in Sydney, Australia between November 30 and December 3, 2010.

Canadian Charter of Rights and Freedoms (CC by Bitpicture)

Every Canadian Needs A Copy

The Standing Committee on Canadian Heritage met to discuss ACTA and other matters on January 31, for 2 hours, and was scheduled to meet again on February 7, 2011.

The final ACTA text includes mechanisms to amend the agreement. That provides a ‘back door’ to get acceptance of the most contentious issues (such as the three strikes rule) that were rejected during the negotiations.

Even before the three strikes rule is adopted, the scope of ACTA provides the latitude that permits individual member nations to impose a three strikes rule.

So between ACTA and other laws, international agreements, and multilateral treaties to share information it’s easy enough to circumvent the provisions of Section 8 of Canada’s Charter of Rights and Freedoms and to circumvent the protections embodied in all of Canada’s various privacy laws.

Canadians’ most intimate information can be sent outside of Canada to be examined, and then the results back into Canada. Canada and the US have been known to do that on occasion, typically to protect ‘national security’ or guard against the perceived threat of ‘terrorism’.

Stripping Canadian Law of citizen protection measures that have evolved over hundreds of years has not been shown to protect citizens from terrorism, but rather to open up new avenues of compromising and removing the Rights and Freedoms Canadians expect to enjoy under our democratic system.



Guest blogger Sharon Polsky is the President & CEO of AM¡NAcorp.ca as well as the National Chair — CAPAPA More background can be found in Anti-Counterfeiting Trade Agreement (ACTA) Highlights

Image credit:
Canadian Charter of Rights and Freedoms: “Every Canadian Needs A Copy” released under a Creative Commons Attribution 2.0 Generic (CC BY 2.0) licence by Bitpicture on Flickr

Advertisements

Posted in Changing the World | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 3 Comments »

CRTC Approved UBB

Posted by Laurel L. Russwurm on May 6, 2010

No Usage Based BillingAccording to the CBC Story, CRTC approves usage-based internet billing this will probably come to pass in September.

Canadian Flag Submerged in American FLAG

More than 8,000 citizens told the Stephen Harper Conservatives that they did not want copyright law that is a Canadian DMCA. But it looks like Prime Minister Harper is going ahead with it anyway.

Around 4,000 citizens protested against Bell Canada’s imposition of Usage Based Billing on the customers of the Independent Service Providers. The CRTC ignored the protests from the consumers and the Independent Service Providers and gave it provisional approval.

Another 10,000 Canadians signed the Dissolve The CRTC petition. Yet the CRTC is still there. Making bad rulings that demonstrate they don’t understand.

This Canadian Government just doesn’t even listen to citizens.

Conservative Party logo

It seems that citizens aren’t listened to even when we have a minority government.

Even with a minority government we’ve been screwed with UBB. CRTC has approved Bell Canada’s request to implement Usage Based Billing on the Independent Service Providers customers. On average, Canadian internet costs will at least double come September. They were already among the highest in the world. (For mediocre service too.) It was too bad, I was really attached to my Internet Service Provider, but it will be a miracle if they can stay in business.(I will never grasp the rationale of why Bell can collect money from people who are not their customers.)

Usage based billing will put Canada at a huge disadvantage internationally. We just lost a huge bit of Internet access…

Konrad von Finckenstein


To get an idea of where the CRTC is coming from in approving Bell Canada’s imposition of Usage Based Billing I offer this exerpt from Jesse Brown’s October 2009 Interview with CRTC Chairman Konrad von Finckenstein.

CRTC

CRTC

12:30 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 “No I’m doing it” or “Yes I’m doing it and I’m driven to it by this and this” and you go though the analytical framework. So you’re positing right away that actually that, that is happening. I don’t, you have to, that’s exactly what you are trying to do, trying to be preventive and, uh, prompt. If and when congestion arises, if it doesn’t arise then of course there’s no issue. If it does arise, then, as I said before, that’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’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?

—CRTC Chairman Konrad von Finckenstein
Search Engine with Jesse Brown: The Neutral Throttle? An interview with CRTC Chairman Konrad von Finckenstein
Transcript on This Blog Is Not For Reading

In listening to Chairman Konrad von Finckenstein’s answers all through the interview, he clearly indicated that he accepts everything Bell Canada told the CRTC as truth. It sounds like there was never any evidence. But if Bell Canada says they have to throttle people of course they do. Nad things might happen if not.

But the very saddest thing is the CRTC Chairman’s idea that the way to address an inadequate Internet infrastructure is to curb customer use by imposing caps and high prices.

The Canadian Internet is too successful seems to be the problem the CRTC is addressing. Too many people use it for too many things.

Instead of asking Bell Canada why they have not been upgrading infrastructure (beyond maintenance) over the last 15 years, the CRTC solution is to curb Canadian Internet use so that we will use it less. This does not bode well for our children’s future. Much less an economy that runs more and more online.

That’s the CRTC strategy. Now, I’m not an economist, but somehow that doesn’t really sound like a recipe for fostering online economic growth to me.

Canadians need to pay more and use the Internet less.


Since this will make the Internet so much more expensive for Canadians, probably a lot of the copyright stuff will be moot. Independent musicians and other artists will have a much harder time finding an audience when the audience can’t afford to wander freely online.

I’m open for suggestions.

Here’s an oldie but goodie:

If you haven’t already, sign the petition. There are only 10603 signatures

If you have, who can you get to sign it?

That’s easy: anyone who uses the Internet.

Because Usage Based Billing will harm us all.

Usage Based Billing is a Disservice to Canada.

http://dissolvethecrtc.ca/

STOP Usage Based Billing

STOP Usage Based Billing



Posted in Changing the World | Tagged: , , , , , , , , , , , , , , , , , , , | 27 Comments »