As Canada continues to push forward on its Digital Charter, I noticed an interesting thread looking at Florida’s proposed “digital bill of rights”.

Ben Sperry, of the International Center for Law & Economics, writes:

While it bills itself a “Digital Bill of Rights,” the Florida Senate Bill 262 could actually harm consumers and businesses online by substantially raising the costs of targeted advertising.

For consumers, this would mean less “free” stuff online, as publishers switch from advertising-based to subscription-based models. For businesses, it would mean having less ability to target advertisements to consumers who actually want their products, resulting in less revenue.

Unintended consequences.

In Canada, we have countless examples of overly simplistic analysis of digital issues that fail to consider the logical responses (and counter-responses) of the marketplace to new legislation and regulations.

• Exhibit 1: CRTC regulations that effectively capped the amortization period for devices at 2 years. The Commission and consumer groups were warned that this would lead to higher monthly prices (how could it not?) but pressed ahead anyway. There were other options that could have permitted portability, but preserved the ability to pay for pricy smartphones over a longer period.
• Exhibit 2: CRTC banning Videotron’s Unlimited Music and Bell Mobile TV. These innovative services were competitive differentiators, offering new choices to consumers. Rather than letting the market place respond with either lower prices or competitive differentiators, the CRTC just said “no”.

It is worth noting that Canada has not yet tabled draft legislation that targets online harms and hate, which has been the subject of numerous posts on these pages (such as here, here, here, here, and here).

Last month, Canada’s Privacy Commissioner lost a high profile case against Facebook parent Meta arising from the Cambridge Analytica “incident”. In its review of the Federal Court’s decision, McCarthy’s law firm writes that the dismissal is “a monumental victory for Meta”, providing “important lessons for businesses about Canadian privacy law”. The note says, “The federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) strikes a balance between individual and organizational interests, and should therefore be interpreted in a flexible, pragmatic, and common-sense way. This means that courts must consider not only the individual’s privacy interests, but also the organization’s legitimate interests in collecting, using, and disclosing personal information for commercial purposes.”

As Canada moves forward with examination of its Digital Charter, it will be critical to maintain this balance of interests. Policy would be more robustly crafted if it anticipates how different actors might respond to legislative and regulatory initiatives.

Will parliamentary review of Canada’s digital bill of rights anticipate potential consumer and commercial consequences arising from the legislation?

The expansion of Canada’s 5G networks represents a significant advancement in technology, unlocking transformation and opportunities in virtually every sector of the economy. Canada, like many other countries, has been anticipating the arrival of 5G, the fifth generation of wireless technology as it revolutionizes the way we communicate, work, and live.

It is reasonable to explore why 5G is being termed a generational evolution. Since Canadians already had access to some of the world’s fastest 4G networks, it is difficult for many consumers to understand the need for the investments necessary for 5G. In part, this may be because we are still in the early stages of 5G deployment; the benefits of 5G extend beyond traditional mobile consumer use cases.

So it is fair to ask, what are the benefits of 5G networks for Canada? How will 5G help to unlock a brighter future?

Earlier generations of networks focused primarily on data transmission with faster throughput serving as the main benefit of new each generation. While faster speeds are an important part of 5G, 5G delivers additional performance improvements that will support innovative use cases across all sectors of the economy, resulting in greater productivity, safety, and sustainability. In these ways, 5G will be a catalyst for economic growth and social development in Canada.

Faster Speeds and Lower Latency

Among the most significant advantages of 5G networks is the remarkable data transmission speed and ultra-low latency (the time for data to travel between devices). With speeds up to 20 times faster than 4G, 5G networks enable lightning-fast downloads, seamless streaming, and real-time multi-media communication. This means that Canadians will be able to download large files, stream high-quality videos, and participate in high-definition video conferences without experiencing lags or delays.

Low latency 5G networks enable remote surgeries and telemedicine, where doctors can perform surgeries or provide medical consultations in real-time using robotic devices, without the need to be physically present. This is already revolutionizing healthcare access in Canada to improve patient outcomes.

For first responders, the performance characteristics of 5G networks enable superior levels of real-time sharing of data intensive emergency communications.

Enhanced Connectivity and Internet of Things (IoT)

An immediate benefit of 5G networks is enhanced connectivity, including the ability to support a massive number of devices. 5G is designed to connect not only smartphones and tablets but also address the vast number of IoT devices, such as smart home appliances, cameras and sensors, connected vehicles, industrial sensors, and wearable devices. These power a hyper-connected world, where devices communicate with each other seamlessly (machine-to-machine), driving increased automation, efficiency, and productivity in various sectors.

In agriculture, 5G-enabled sensors are already monitoring soil conditions, weather patterns, and crop health in real-time, allowing farmers to make data-driven decisions to optimize their crop yields. For transportation, 5G networks can enable connected and autonomous vehicles to communicate with each other and with traffic infrastructure, leading to safer and more efficient transportation systems. 5G is supporting a wide range of smart city applications, such as smart grids, intelligent traffic management, and public safety systems, improving the quality of life for communities.

Economic Growth and Innovation

The deployment of 5G networks in Canada is expected to drive economic growth and spur innovation, estimated to contribute an additional $40 billion in GDP to Canada’s economy by 2026. This is creating new business opportunities, fostering entrepreneurship, and generating jobs in various sectors beyond telecommunications, such as manufacturing, healthcare, transportation, and entertainment.

High-speed and low-latency capabilities of 5G networks enable the development of new technologies and services that were previously not possible. Augmented reality (AR) and virtual reality (VR) experiences are being delivered seamlessly over 5G networks, revolutionizing the gaming, entertainment, and tourism industries. Smart cities and smart grids powered by 5G will enhance energy management, reducing costs, and improving sustainability, leading to economic and environmental benefits.

Moreover, 5G networks will act as a catalyst for innovation in sectors such as autonomous vehicles, smart manufacturing, and remote robotics, driving the development of new products, services, and business models. Startups and entrepreneurs have access to faster and more reliable connectivity, enabling them to scale their businesses and drive economic growth.

Improved Public Services and Public Safety

5G networks are also expected to transform public services and public safety in Canada. Governments and public agencies can implement innovative solutions to enhance public services and safety. For public transportation, 5G enables real-time monitoring of buses and trains, leading to improved scheduling, reduced wait times, and enhanced passenger safety. In emergency services, 5G networks can support real-time communication and coordination among first responders, enabling faster response times and better emergency management.

Furthermore, 5G networks are already enhancing public safety through monitoring of public spaces, detecting potential threats, and responding to emergencies. 5G connected cameras can provide real-time video feeds to law enforcement, allowing the monitoring of high-risk areas and faster response to incidents. This can significantly improve public safety, security and emergency response.

Digital Inclusion and Equality

An important benefit of 5G is the potential to bridge the digital divide, promoting digital inclusion and equality. 5G can provide reliable high-speed connectivity to remote and underserved areas, where deployment of traditional wired infrastructure may not be economically feasible. This can help connect rural and remote communities, among other underserved populations.

Moreover, 5G networks can empower marginalized communities and promote equality by providing equal access to information, resources, and opportunities. Telehealth services powered by 5G can bring quality healthcare to remote communities, reducing healthcare disparities. Remote learning enabled by 5G can provide equal educational opportunities to students in rural areas. 5G-powered e-commerce and digital marketplaces can create economic opportunities for small businesses and entrepreneurs in underserved communities.

Environmental Sustainability

5G networks also have the potential to contribute to environmental sustainability efforts. Increased efficiency and automation enabled by 5G result in reduced energy consumption, improved resource management, and minimized environmental impact. A key component of the 5G specification is more efficient power consumption by the network and by connected devices. Indeed, it is expected that some wireless modems may be able to operate on battery power for up to 10 years.

A 5G-powered smart factory can optimize production processes, reduce waste, and lower carbon emissions. Connected and autonomous vehicles powered by 5G can lead to more efficient traffic management, reduced congestion, and lower greenhouse gas emissions.

Furthermore, 5G networks can enable remote monitoring and management of environmental resources, such as water and energy, leading to more sustainable use and conservation. 5G-powered sensors can monitor water quality in real-time, enabling early detection of pollution and facilitating prompt action to protect water resources. 5G is also supporting precision agriculture, where sensors and drones powered by 5G can optimize the use of fertilizers, pesticides, and water, leading to reduced environmental impact.

Challenges and Considerations

While the benefits of 5G networks in Canada are promising, there are also challenges and considerations that must be addressed. Some of the challenges include the capital required for infrastructure deployment, and concerns about data privacy and security.

The deployment of 5G infrastructure requires significant investment in building new networks and upgrading existing infrastructure, which can be costly. This may pose challenges for smaller communities and remote areas with limited resources, and may require innovative approaches and partnerships to ensure equitable access to 5G technology.

Data privacy and security are also important considerations with 5G networks. The vast amount of data generated by IoT devices connected to 5G networks raises concerns about the collection, storage, and use of personal and sensitive data. Some industrial devices may not have been designed for connectivity over open networks and need special attention for security and operational integrity. It is essential to have robust data privacy and security measures in place to protect against potential cyber threats, breaches, and misuse of data. Ensuring that appropriate regulations and standards are in place to safeguard user privacy and security will be crucial in the deployment of 5G networks in Canada.

Leaders should also consider the potential impact of 5G on the workforce. While 5G technology will create new jobs and economic opportunities, it may also disrupt certain industries and roles. Preparing the workforce for the changes brought about by 5G, such as reskilling programs, will be important to ensure a smooth transition.

Conclusion

5G networks hold significant promise for Canada, offering numerous benefits in various sectors, including healthcare, transportation, smart cities, industry automation, and more. The high-speed, low-latency, and massive connectivity enabled by 5G have the potential to drive innovation, economic growth, and societal transformation.

For the healthcare sector, 5G can revolutionize telemedicine, remote patient monitoring, and emergency services, leading to improved patient care, reduced healthcare costs, and enhanced public health outcomes. 5G is enabling connected and autonomous vehicles, smart traffic management, and public safety measures, leading to safer and more efficient transportation systems. Our cities are building smart grids, smart buildings, and more efficient urban management, leading to sustainable and more livable cities. In industries, 5G can enable advanced automation, predictive maintenance, and remote operations, leading to increased productivity, reduced costs, and improved sustainability.

Moreover, 5G networks have the potential to bridge the digital divide, promote digital inclusion and equality, and contribute to environmental sustainability efforts. However, it is important to address challenges and considerations such as cost of infrastructure deployment, data privacy and security, and workforce impacts. Carriers are continuing to deploy 5G access to more Canadians, in large and small communities, in urban and rural markets.

5G networks have the potential to transform various aspects of Canadian society, economy, and environment. Stakeholders, including government, industry, academia, and communities, must work together to ensure the responsible and inclusive deployment of 5G networks in Canada, harnessing its benefits while addressing its challenges. With careful planning, smart, light-touch regulation, and private-public collaboration, 5G is bringing significant positive changes to Canada, creating a more connected, innovative, and sustainable future.

If you like stinky fish, you would probably like kippers.

Personally, I like stinky fish. And, I love kippers. (For the record, I understand the Canadian Sardine Mackerel and Herring Association would prefer that we use the more politically correct term: “full flavoured fish”.)

If you haven’t tried kippers – and it isn’t easy to find a place that serves them – let me describe them for you. Take a herring, a member of the clupea harengus stinkus family, and butterfly it. Then, make it smellier by smoking it. As a final touch, to add that extra bit of pungency, fry it. Serve the fried kippers on the side with eggs, a bagel and a slice of tomato and cucumber, and that is what I would call a perfect breakfast.

I used to meet a friend and colleague, Brian Gordon (z”l), at Kiva’s on Steeles Avenue monthly. We would catch up, kvetch, and frankly, we would solve all the world’s problems, if only we were put in charge.

My wife won’t allow fish to be cooked in the house because of the smell. But, she regularly joins me at Kiva’s for breakfast, demonstrating a most extreme level of matrimonial devotion.

And that brings us to today’s theme, tolerating that which you find offensive.

Numerous times, I refer to the views expressed so eloquently in Aaron Sorkin’s “The American President”:

In no way do I suggest that speech freedoms are unbounded. There is such thing as illegal speech; Canada’s Charter doesn’t protect hate speech, or threats of violence. And, as I have said before, if a social media platform – any social media platform – has terms of service, then it needs to enforce those terms.

But, there are too many instances where people – and governments – take issue with what I like to call “the merely offensive”. Expressions that aren’t illegal, but hurts someone’s feelings. Taking issue with the stinky fish.

The Government of Saskatchewan demanded the deletion of what was clearly a parody of one of its ads. Various Federal Government departments have pressured social media platforms to delete what can only be described as “mean”, not illegal. A number of people and groups are calling for the CRTC to remove FoxNews from the authorized list of programming services on Canadian TV distribution systems.

Saying you support speech freedoms is easy, especially when you agree with the words being spoken. But, let’s see you defend the rights of someone speaking that which you find abhorrent.

Like tolerating someone having stinky fish served across the table from you.

Then you can talk to me about defending rights.

I’m happy to meet you for breakfast at Kiva’s any time. We can try to solve some of the world’s problems together.

I’ll have the kippers, thank you. Fried crispy, please.

As governments increase intervention in internet content and services, I wonder if sufficient regulatory humility being applied.

A recent New York Times article noted, “As companies like Google and Facebook grew into giants in the early 21st century, regulators chose largely not to interfere in the still-young market for online services.” The concern was that regulatory intervention could restrict the development of innovative applications and new business models.

What has changed?

Many internet public intellectuals have long advocated for a free and open internet, which many interpreted as supporting a hands-off approach by governments. However, one of my first blog posts, way back in March 2006, looked at an article by Tom Evslin, in saying that he was another voice on “a lonely quest to try to partially tame the anarchy of the internet.a lonely quest to try to partially tame the anarchy of the internet.”

If the Internet is a law-free zone:

1. Governments can do whatever they want there including spying and blocking. It’s naïve and illogical to think that governments are governed by law in a free fire zone when no one else is.
2. Monopolies can do whatever they want including blocking competing services.
3. Malicious people are free to attack not only other sites but the structure of the Internet itself including its routers and domain name servers.
4. Threats, libel, and fraud gain immunity from investigation and prosecution by being carried out on the Internet.
5. The Internet becomes a river in which any conspirator can wade to avoid the bloodhounds of law enforcement.
6. There are no laws PROTECTING privacy in a law-free zone.
7. SPAM is as legitimate as any other activity.

The past decade and a half changed the way we look at the internet. We are more willing to have law enforcement in the digital world. As I have expressed before, my concern has been how we tailor new laws and how we define new standards of acceptable online behaviour.

We have laws developed for the analog world and a body of jurisprudence in their application. We have witnessed the failures of anti-spam and do not call legislation. Those laws curtailed activities by legitimate businesses but we continue to get nuisance calls and loads of unwanted emails. To an extent, instead of regulatory processes, we apply technology to suppress what the legislation was supposed to curtail. We target spam and malicious software with software in the networks and on our devices. Telecom networks are trying to target nuisance calls with technology.

Still, I wonder if the legislation suffers from over-reach. At the 2017 Canadian Telecom Summit, then FCC Chair Ajit Pai spoke about the need for regulatory humility:

In short, America’s approach to broadband policy will be practical, not ideological. We’ll embrace what works, and dispense with what doesn’t. That means removing barriers to innovation and investment, instead of creating new ones. That means taking targeted action to address real problems in the marketplace, instead of imposing broad preemptive regulations. And that means respecting principles of economics, physics and law, and acting with humility as we regulate one of the most dynamic marketplaces history has ever known. This vision will unleash the massive investments that the digital world demands.

Every regulation, every piece of legislation risks creating harmful unintended consequences. Some regulations can serve as disincentives for investment, slowing down necessary expansion and upgrades to network infrastructure.

These days, it seems Canada’s Parliament never misses an opportunity to wade into some form of telecom regulation. Parliament crafted laws about somewhat trivial issues, apparently believing it can do better than the specialized independent regulator. As a result, there is legislation on the books mandating paper invoices in a digital world. Why isn’t that part of a regulator’s discretion?

A private member’s bill mandates service transparency that is already part of the the Minister’s policy direction. Recall, I recently wrote about risks arising from online harms legislation in various countries.

Politicians looking to score points with intervention in the digital marketplace should carefully reflect on whether new laws are actually needed. What problems are we trying to fix?

A little more regulatory humility goes a long way to minimize unintended consequences.

Affordability of telecom services is a major theme in the CRTC’s review of telecommunications in the far north. The far north is one of the only areas where broadband service is price regulated, and prices in many areas are substantially higher in the north than consumers typically pay in urban areas. Of course, prices for virtually everything are substantially higher in the north.

For more than 15 years, I have been writing about the relationship between income and the adoption of computers and broadband, observing as early as 2008 that the rate of adoption of broadband are as much an issue of getting computers into households as it is an issue of affordability of telecom services.

Economists typically define affordability as the ability of individuals or households to purchase or access goods, services, or resources without undue financial burden or hardship. Various measures of affordability relate costs to a personal (or household) income, expenses, and financial situation.

There are various ways to measure affordability, depending on the context. Some common methods include:

• Income-based affordability: This approach measures affordability by comparing individual (or household) income to the cost of a particular good or service. For example, a common measure is the “housing cost-to-income ratio,” calculating the proportion of household income spent on housing costs such as rent or mortgage payments.
• Expense-based affordability: This approach measures affordability by considering overall expenses for an individual (or household) in relation to income. It takes into account not only the cost of a particular good or service, but also other expenses such as transportation, utilities, food, and healthcare.
• Relative affordability: This approach compares the affordability of a good or service across different groups or locations. For example, economists may compare the affordability of housing in different cities or countries by looking at factors such as median incomes, housing prices, and cost of living indices.
• Subjective affordability: This approach takes into account perceptions of affordability. It may involve surveying individuals or conducting qualitative research to understand their subjective experiences and perceptions of affordability, including their ability to meet their basic needs, maintain a certain standard of living, or achieve their financial goals.

Affordability is a complex and multifaceted concept that varies depending on the context and the goods or services being considered. Economists may use one or a combination of these approaches to assess affordability in different situations. Policy makers must rely on such measures to inform policy decisions related to income redistribution, social welfare programs, or market regulations, especially as the CRTC considers acting as an agent to provide social welfare subsidies for telecom services in the north.

In a 2015 report [pdf, 2.1MB], the Public Interest Advocacy Centre (PIAC) said “We suggest that communications services are “affordable” where, as a guideline, they make up about 4% to 6% of a household’s income.” In 2017, PIAC found that low income households considered home internet to be equally important as health care.

At the hearing on telecom services in the Far North, NWTel announced that it will be joining Connecting Families, an industry-led program to bring affordable broadband services to the most disadvantaged households. Connecting Families provides 50 Mbps (down) / 10 Mbps (up) speed service for just $20 a month to families receiving the maximum Canada Child Benefit or low-income seniors receiving the maximum Guaranteed Income Supplement. There is also a 10/1 service available for just $10 per month.

Too many people confuse affordability with the overall desire to lower prices across the board. We all want lower prices for everything. The best approach for affordability of telecom services is to target help to those who need it most, with programs like Connecting Families.

A recent study by UK regulator Ofcom found that half of those eligible were unaware of “social tariffs” that could reduce household broadband rates by about £200 per year for millions of households.

Savings opportunities for eligible Canadian families are even greater than in the UK. But, the industry, including service providers, policy makers and the regulator, may need to develop partnerships with trusted community groups and social service agencies to understand (and overcome) the reasons why some households are not adopting broadband, even at deeply discounted pricing, with services priced well below costs.

It isn’t enough to make affordable broadband service available to targeted communities. Collectively, we need to make sure people actually get online.