Finding Balance : Net Neutrality Policies of Canada

Abstract

Jurisdictions around the globe are currently determining how best to address net neutrality issues in the face of rapid technological changes with information communication technologies and the network infrastructures of their countries. At the very heart of these issues is how to find the balance between the right of citizens to benefit from advances in broadband and Internet access, with the right of commercial entities to grow their infrastructures and realize an economic benefit. Finding this balance should in turn propel a nation’s knowledge economy forward. In the case of Canada, steps were taken by the national regulator, the Canadian Radio-Television and Communications Commission (hereafter referred to as the Commission or CRTC) several years ago to investigate the various issues at play in the marketplace. The goal was to create policies which would provide a framework for all industry players to abide by in order to realize the greatest benefits for all Canadians. In the context of this process, the Commission held an online consultation, created an extensive written record, and carried out an oral public hearing to create a fulsome a picture of the specific concerns of all Canadians. At the conclusion of this process, the Commission issued a policy framework specifically created with respect to the Internet traffic management practices of ISPs. The goal of that policy was to establish a principled approach that appropriately balances the freedom of Canadians to use the Internet for various purposes with the legitimate interests of ISPs to manage the traffic thus generated on their networks, consistent with legislation, including privacy legislation.