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open letter SFU OpenMedia Student’s Club

July 2010

What is OpenMedia.ca?
Eriko Furukawa

The student-run, non-profit together by the principles of access,


OpenMedia.ca group at choice, diversity, innovation and
openness in internet and commu-
SFU is dedicated to increase nication systems that we seek to
awareness of media issues in promote.
Canada and in turn promot-
OpenMedia.ca is the organiza-
ing an open and democratic tion that coordinates the ongoing
communications system. SaveOurNet.ca coalition, promot-
ing Net Neutrality and the right
Our main goal is to increase public for all Canadians to have access
participation in Canadian media to an open internet. That is, it is
and telecommunication policy necessary to stop lobbyists and
formation. We believe that an open
media system is essential to our
special interest groups from tak-
ing control over Canada’s internet
“the FCC is no longer allowed to
democracy, and in order to do so system by discriminating against impose net neutrality regulations,
we need an open and innovative certain types of content and traffic. giving the ISPs within the sector
communications system with in-
creased transparency of media with
OpenMedia.ca also runs the Fresh a free reign to throttle.”
Media project, where the main
broader and more representative objective is to support independent The Battle for Net Neutrality in the US
public participation. journalism and innovative media. page 2

In order to do so, the OpenMedia.ca The SFU OpenMedia.ca student


network seeks to advance funda- group will be holding campus
“their excitement quickly turned
mental democratic principles which events, fundraising programs, to trepidation.”
would effectively guide media, educational workshops, and pre-
communication and cultural Sociology on the Brave New Media at UBC
sentations to inform the university
policy making in Canada. The page 4
community about national media
OpenMedia.ca network is brought issues and our ongoing projects.
Upcoming Events and Projects
Get involved!
page 3
We will be tabling every second Wednesday, in the AQ near the art gal-
lery; make sure to come by if you would like to know more about our
projects and get involved. We are also currently holding meetings every
second Thursday where the group will get together and discuss event plan-
ning and current media issues. Contact us at sfu@openmedia.ca if you
would like to get to know more about the OpenMedia.ca group at SFU.
FCC VS ISPs:
The Battle for Network Neutrality in the United States
Umair Amjad Riaz

After losing an important legal battle the FCC is trying to quickly take steps in order to circumvent the threat to
Network Neutrality in the United States. A ‘third-way’ to regulate ISP was proposed, which is now facing many
barriers for implementation, one being the members of Congress who are forcing the FCC to abandon its plan to
regulate Internet Service Providers.

On April 6th 2010 the federal court in Washington tling the FCC was out its mandated jurisdiction to
D.C. ruled that the FCC (Federal Communications stop or punish the ISP.
Commission, the regulatory body for Communica-
tions in America) had no legal authority to impose net The ruling made by the court has threatened net
neutrality regulations on to Internet Service Providers. neutrality in the United States as the FCC is no longer
The ruling was handed out in response to the FCC’s allowed to impose net neutrality regulations, giving
punishment of Comcast, a major ISP in the United the ISPs within the sector a free reign to throttle. To
State, when it was caught throttling BitTorrent traffic. circumvent the threat to Net Neutrality, the FCC’s
The communications regulatory body under its own chairman Julius Genachowski proposed a ‘third way’
mandate had no regulatory authority to penalize Com- regulatory mandate, which would allow the FCC
cast, as the FCC has classified DSL broadband service to monitor the transmission component of Internet
under Title I as an “information service” rather than access. This way the FCC controls issues regarding
under Title II “telecommunication service.” What throttling, but cannot and will not monitor informa-
that essentially meant was that under the information tion being transmitted over the lines. As stated by the
service category the FCC is not allowed to physically FCC commissioner Julius Genachowski in a statement
regulate the workings of ISPs, so if an ISP was throt- May 6th 2010: “ …the approach is narrow. It will treat

openletter page 2
only the transmission component of broadband access But there is much to standing in their way, the “third
service as a telecommunications service while preserv- way” proposal has to go through congress, where many
ing the longstanding consensus that the FCC should its members are asking the FCC to reevaluate its plans.
not regulate the Internet, including web-based services As the FCC looks for clarification from congress, it
and applications, e-commerce sites, and online con- will be seeking comments from the public till July 15th
tent.” 2010 at broadband.gov.

With the “third way” proposal, the FCC believes it This matter raises issues as to how Canada should deal
will have the authority to write and enforce rules that with its network neutrality issues, are there lessons
would protect consumers and Internet content provid- that the Canadian regulatory body CRTC can learn
ers from restrictions imposed by broadband providers. from this case? Right now the onus of reporting ISP
As outlined in the above-mentioned statement the throttling to the CRTC is on the consumer, as the
third-way approach will: regulatory body does not directly monitor throttling.
Shouldn’t CRTC become more proactive regarding
• Recognize the transmission component of monitoring and making sure that throttling does not
broadband access service--and only this compo- take place in order to protect the Canadian consumer.
nent--as a telecommunications service;” Should the CRTC become more hands-on regarding
• Apply only a handful of provisions of Title II network neutrality? Whatever happens next regarding
(Sections 201, 202, 208, 222, 254, and 255) the FCC’s mandate, the outcome will have a major
that, prior to the Comcast decision, were widely impact on future net neutrality issues, not only in the
believed to be within the Commission’s purview US but in other countries as well.
for broadband;
• Simultaneously renounce--that is, forbear from-- A link to see an interview with the FCC chairman
application of the many sections of the Commu- explaining the “third-way” approach: http://news.cnet.
nications Act that are unnecessary and inappro- com/8301-13578_3-20001825-38.html?tag=mncol;txt
priate for broadband access service; and
• Put in place up-front forbearance and mean-
ingful boundaries to guard against regulatory
overreach.

Upcoming Events and Projects


The OpenMedia.ca club has been busy with planning a training session in end of July/beginning of August.
a variety of projects and events! Here is an update of If you are interested in getting involved, please let us
what we’re currently working on, and some future know!
events coming up.
We’re also planning OpenMedia.ca club social/net-
We will be starting to do University Presentations! working events that we want to put on this summer.
These will be 5 minute presentations where OpenMe- The details are still being worked out, so stay tuned for
dia.ca club members will go into classrooms, inform our next Newsletter for details on these events!
students about media issues in Canada and what
OpenMedia.ca/the club does. Week of Welcome! We have signed up to be part of
SFU’s Week of Welcome. This is a welcome party for
In September, we plan on going doing 60-75 minute new and returning community members during the
High School workshops, these will be on the topic of first week of classes in the fall term. We’ll be planning
Internet, democracy and Net Neutrality. There will be soon what kind of fun events we want to host.

openletter page 3
OpenMedia at UBC

Sociology on Brave
New Media at UBC
Ben Pierce

Why is the UBC community so sterile?


Where are all the independent voices; the con-
troversial ideas; the underground media? Is the
academic community out of touch with inde-
pendent media? How aware are UBC’s alumni
of contemporary media issues?

Photo (cc) Jason Rowe


These were the questions on my mind when I ven-
tured deep into the heart of UBC’s ANSO building
to attend the Sociology Mini-Conference on Monday,
June 21. If any academic group were to comprehend
threats to net neutrality, independent journalism, and
the state of Canada’s media-environment, it would be
the sociologists. After all, inequality is at the heart of
their studies and, of all the disciplines offered at UBC,
Sociology would be most in-touch with modern social needed at UBC, that only these However discouraging, the opin-
issues, right? would provide quality information, ions of the Sociology Conference
and Dr. Tindall even admitted that have but emphasized the need for
Among those in attendance were a handful of grad- “…UBC is fairly removed from Openmedia at UBC. The academic
students, each presenting their papers in a dry-run, to journalism…” and that he was “… community must be informed
be critiqued by their peers, a few out-of-town sociology out of touch with undergraduate about media issues; about the
Profs, and UBC’s Associate Professor of Environmen- publications.” need for independent journalism
tal Sociology, David Tindall. There was a ten-minute in Canada. My interviewees’ fears
break mid-conference, and some brief socialization My confidence continued to fade that independent media on-campus
afterwards, during which I managed to stop three of as I discovered that only one of the will undermine the academic com-
the grad-students, and Dr.Tindall himself, for a few grad students was aware of website munity must be replaced with an
questions. I was the only non-sociologist there, stick- throttling and that nobody had assurance of true media-democracy
ing out like a sore thumb with my OpenMedia vest heard of OpenMedia, let alone on campus! After all, how can two
and binder, and am very thankful for their time and Save-Our-Net, all this even when AMS-run university papers ac-
courteous nature. two of the five studies presented at count for all 40 000 views of the
the conference had relied exclu- community?
Having first asked if independent media was impor- sively on the internet for data-
tant for Canada’s democracy, I was encouraged by all gathering! These are frightening Check out the UBC Openmedia
four respondents’ enthusiasm for alternative journals, facts for someone wanting to start forum and mailing list at: http://
Al Jazeera, etc. However, when I popped the question an Openmedia Club at UBC, and groups.google.ca/group/openmedi-
in a local context, asking whether UBC would benefit who had just spent the last week aubc or email me at ben@openme-
from alternatives to mainstream campus papers like plastering the University campus dia.ca for the latest on Openmedia
the AMS Insider or the Ubyssey, their excitement with flyers about Net Neutrality. at UBC!
quickly turned to trepidation. Each faculty member
assured me that mainstream journals were all that was

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