VoIP and the USF

Jeff Pulver says he was caught off-guard when the FCC ruled that VoIP should make payments to the Universal Service Fund (USF) in the US.

He comments:

Our only saving grace is that other governments from around the world DO NOT follow the lead of this FCC and mirror their disruptive policies towards VoIP in their respective countries.

In May 2005, the CRTC ruled that voice is voice, regardless of the underlying technology. Interconnected VoIP providers are providing a Canadian telecommunications service and therefore contribute to the Canadian equivalent of the USF. So the FCC has simply reached the same conclusion as the CRTC did more than a year ago.

As we have written, the regulation of VoIP is being reconsidered, thanks to a Cabinet order that asked the CRTC to review its rules and issue a new ruling by Labour Day. But in its Decision last year, the CRTC noted that “Parties generally agreed that VoIP services should be contribution-eligible.”

Net juxtaposition

I noticed an interesting juxtaposition of articles in the business section of Monday’s Toronto Star. Both articles look at the issues of government and the internet.

Michael Geist looked at Bell Sympatico’s changes to Section 7 of its user agreement. The clause advises subscribers that

your Service Providers have the right to monitor the Services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website or any of the Services properly, ensure compliance with the Terms of Use or to protect itself or its users in accordance with the Privacy Policies.

Contrast this clause vis a vis my Monday posting titled Harassment. That service provider has different language:

XXX may limit in any way, modify or refuse, all or part of the Services or your access to the Services without notice or liability if there is a breach or suspected breach of these Terms and Conditions or of XXX’s Service Policies or where XXX deems such limit, refusal or modification may be advisable to protect itself, its customers or its network. Without restricting the generality of this discretion, XXX may limit the amount of data transfer you are permitted or the hours you are able to access the Services in any manner with any Internet plan, and may limit the amount of storage and memory available to you. XXX is not obligated to, but may monitor your use of the Services electronically from time to time, and may use and disclose any information obtained from such monitoring as necessary to identify violations of or enforce these Terms and Conditions or XXX’s Service Policies, to satisfy any law, regulation or other governmental request, to operate or improve the Services, to protect itself, or its customers or its network.

Different approaches – but I think both result in the same impact for customers. As Geist summarizes:

The gist of the column is that regardless of the motivations for the change – whether harmless drafting amendments, lawful access, or network neutrality – the public and media reaction demonstrates how increased Internet surveillance is a political and business minefield that invariably stirs up vociferous opposition.

Geist suggests that Canadians want their ISPs not only to protect their data, but to actively support their privacy interests as well. I’ll accept that. But does that include ISPs actively defending client rights versus the government? Is there research that suggests that a majority of Canadians are more trusting of their ISP than their government to look after their security interests? Hard data that suggests, in the wake of domestic terror threats, that Canadians want ISPs to block lawful access to records by security services (by lawful access, I mean monitoring practices that are determined by parliament and/or the courts to conform with our national laws).

The second article on page C3 of Monday’s Star was celebrating Taiwan’s leading e-government initiative. The story was actually a week old piece that ran originally in the New York Times on June 26 [sure makes you think of the advertisements for 680News: If you read about it, it’s history, if you hear it, it’s news. Of course, what do you call it when 680News reads a story from the morning papers – is that an audio book? But I digress…].

The article says

To speed up delivery of these services, about one million citizens now have identification cards with chips inside that, when scanned, instantly provide personal data.

What does this imply for privacy rights for Taiwanese citizens? We have seen national resistance to Canadians getting passports or modern ID that would permit easier border control. Will Canadians be more accepting of a personal chip card to allow better delivery of e-government.

As Geist concludes:

Internet use has become an integral part of daily life, serving as the foundation for daily communication, commerce, education and entertainment for millions of Canadians.

We need to identify risks and challenges presented by such pervasive internet use. Solutions are also needed that provide reasonable boundaries for government and private citizens, safeguarding all the freedoms that define our democratic society.

Harassment

A colleague of mine had been receiving abusive emails. He wrote directly to the author and asked him to stop.

Apparently, that provoked the abusive author to expand the circulation of his notes to a wider audience of business acquaintances of my colleague. My colleague then asked the hosting ISP to invoke their Acceptable Use Policy and he received the following reply:

Incidents of hate mail/literature must be reported to police in the form of an official complaint. You may contact [XXX] Corporate Security (XXX-XX1-4422) with a police incident number for further assistance.

[XXX] Abuse Department
abuse@[XXX].net

[XXX] added to provide anonymity (for now) to the ISP

My colleague wrote back, saying:

Thank you for your note. Please clarify for the record:

Is it the position of [XXX] that they will only act to curb the abusive behaviour of a client when it can be proven that the behaviour is in violation of sections of the Criminal Code?

We gave it a week. Here is what came back.

From: xxx Abuse [mailto:abuse@xxx.net]
Sent: June 23, 2006 2:55 PM
To: [xxx]
Subject: Re: [xxx]

To [xxx],

On the advice of [xxx] Legal the following has been sent to [xxx]:

Greetings,

It has come to our attention that your internet account has been used in activity that violates Section 5 subsection vii of the xxx service agreement (which may be viewed at http://www.xxx.ca/dslterms).

This violation is specifically in the relation to the sending of unsolicited messages or communications where the recipient has indicated their desire to not receive such messages or communications.

We have received complaints about an email you sent Wednesday, June 14 entitled “mass email news copy”.

We are comfortable that the email complained of was sent from your account, which implies either:

  1. Your computer has been used directly in the sending of the message.
  2. You are running a mail server which allows ‘relaying’ through it (further info available at www.ordb.org)
  3. Your computer has been compromised by a remote party.

If you have no knowledge of the message complained of please make an effort to secure your computer.

If you are aware of the message, please ensure that in the future you do not send messages to people who have asked not to receive them. If this activity continues further action will be required.

Thank you,

xxx Internet Services
Abuse Department
abuse@xxx.net

The system worked in this case because the ISP was (after some coaxing) willing to invoke its terms of service to stop the abusive behaviour. How can this be extended to cover the carriage of illegal content?

It is a difficult issue that needs reasoned debate and discussion of alternatives. Your comments are welcomed.

Just wondering

Lighter thoughts in honour of the holiday weekend.

Three of us went out golfing yesterday in the beauty of Muskoka. Interesting juxtaposition to be with a Rogers executive, wearing a Bell golf cap walking through the doors at the clubhouse with the logo of the TELUS Skins match as we were discussing what the future would hold for all of these companies and others.

Summertime is a great time to just put up your feet and wonder. I think that too little time is spent on that kind of work activity. Too easy for people to call it ‘goofing off’.

I’d argue that for executives, it is important activity that is needed in order to compete.

And besides – it’s a nice thing to do when it is sunny and warm (but not hot) and the ball gets an extra 30 yards on a lucky bounce off the granite protruding in the middle of the fairway.

Just conversations?

The recent appeal ruling on the Ahenakew hate case in Canada may have far reaching implications.

In that case, the appeal judge, Chief Justice Laing, ruled that conversations with a reporter can not be considered to be ‘private’. He upheld the original trial judge, who wrote:

The same subsection 2(b) of the Canadian Charter of Rights and Freedoms that protects your freedom of thought, belief and opinion and expression also protects the freedom of the press and other media of communication. You may not like what the media says about you nor how your comments were reported by Mr. Parker and the consequences of your statements but you did state them to Mr. Parker, a reporter, who had every right and indeed possibly a professional responsibility to accurately record them and to communicate them by way of print and audio publication. In your testimony both on examination in chief and in cross-examination you attempted to portray yourself as the wronged party and that Mr. Parker was responsible for communicating your remarks and the consequences flowing from them. Your counsel, Mr. Christie, in his closing arguments argued that you were the victim of a [sic] insensitive self-promoting reporter. As a Provincial Court trial judge who spends 95% of judicial time in criminal court, the analogy that instantly came to mind was that of a man charged with spousal assault who argues that his spouse made him do it and that he was simply defending himself by putting up his fists which his spouse insisted on running her face into which unfortunately resulted in her nose being broken and her two front teeth being fractured.

Who is a reporter?

Couple this ruling with Michael Geist’s views on the California appellate court ruling that expands US First Amendment protections to bloggers and I wonder if we have the potential to remove conversations from ‘private domain’.

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