The Boss: “But the web’s a valuable customer interface!”
The Operator: “If you’re Amazon or Sendit, but not if you’re us. We’re a web nothing! Baby seals get more hits!”
Simon Travaglia, “BOFH tests the law of redundant supply”, The Register, 2004-10-04.
December 8, 2019
QotD: Web traffic
November 20, 2019
Activist court watch – Federal Court of Canada judge creates new website blocking rules
Michael Geist on the precedent-setting decision from the Federal Court of Canada:
A Federal Court of Canada judge issued a major website blocking decision late Friday, granting a request from Bell, Rogers, and Groupe TVA to block access to a series of GoldTV streaming websites. The order covers most of the Canada’s large ISPs: Bell, Eastlink, Cogeco, Distributel, Fido, Rogers, Sasktel, TekSavvy, Telus, and Videotron. The case is an important one, representing the first extensive website blocking order in Canada. It is also deeply flawed from both a policy and legal perspective, substituting the views of one judge over Parliament’s judgment and relying on a foreign copyright case that was rendered under markedly different legal rules than those found in Canada.
Perhaps most troubling is that the judge has created a substantive new policy framework for site blocking, an issue that given the many complex policy issues (including copyright enforcement, freedom of expression, net neutrality, and telecom competition) is best left to Parliament. Indeed, the activist judicial approach explicitly engages in an analysis that considers many of the policy issues but arrives at its own conclusion about how best to balance competing interests. These are issues that are best left to elected officials. The Standing Committee on Industry, Science and Economic Development, which completed the comprehensive copyright review earlier this year, heard extensive submissions from groups calling for reforms to the law to include site blocking. It instead recommended:
Following the review of the Telecommunications Act, that the Government of Canada consider evaluating tools to provide injunctive relief in a court of law for deliberate online copyright infringement and that paramount importance be given to net neutrality in dealing with impacts on the form and function of Internet in the application of copyright law.
In other words, the committee recommended holding off on a site blocking rule until further study is conducted. Moreover, it concluded that “paramount importance be given to net neutrality.” The judge in GoldTV acknowledged that there were net neutrality concerns (rejecting claims that “net neutrality is of no application where a site blocking order is sought.”), but concluded that the net neutrality issues did not tip the balance against granting the injunction. Not only is that inconsistent with the copyright review emphasis of paramountcy for net neutrality, but it represents the judge making a policy choice best left to elected officials.
The CRTC, which rejected a proposal for an administrative site blocking system in the FairPlay case, also thought the issue was best left to the government. Its ruling specifically cited the copyright review and the review of the Broadcasting and Telecommunications Act as avenues to address the issue. In other words, the appropriate venue to consider site blocking was government, not an administrative agency.
October 10, 2019
August 12, 2019
Australia’s government broadband fiasco might be a useful lesson for Senator Warren
In the race for the Democratic party’s presidential nomination, Senator Elizabeth Warren recently proposed a government-provided broadband rollout across the United States to compete with or supplant the existing private ISPs. Arthur Chrenkoff suggests that looking at Australia’s experience with a very similar plan might encourage her to abandon her proposal after a brief airing on the campaign trail:

Senator Elizabeth Warren speaking at the Iowa Democrats Hall of Fame Celebration in Cedar Rapids, Iowa, on 9 June, 2019.
Photo by Lorie Shaull via Wikimedia Commons.
Maybe Senator Warren should have a pow-wow first with IT experts from Australia, who could enlighten her about our country’s 12-years-and-counting saga of the National Broadband Network, a Labor government initiative that the -then leader of the opposition, Tony Abbott, described as “a white elephant on a massive scale” but later adopted and continued while in government.
It started in 2007 as a policy for a government-rolled out broadband network, in most areas duplicating internet services already provided by private sector providers (mainly through the existing copper wire telephony network), which would be available as an option to all Australian households. In most cases it would be achieved through wired technology (fibre to the premises, later downgraded to a cheaper fibre to the node) with a satellite connection available to the most remote areas where cabling was impractical.
I remember thinking then that the project was an absurd waste of taxpayers’ money for a service of the type that telecommunication companies would be able and willing to provide in any case. At most, there was an argument that the government could step in and provide the infrastructure in some country areas where there was no commercial case for the private providers to proceed. Call me a clairvoyant but it was pretty clear to me that “broadband for all” would take a lot longer to roll out that planned, would cost significantly more than initially budgeted, and would very likely be technologically obsolete by the time it was finished.
June 5, 2019
Sensible proposals from the copyright review report
Michael Geist summarizes the — seemingly quite sensible — recommendations from the copyright review process:
In December 2017, the government launched its copyright review with a Parliamentary motion to send the review to the Standing Committee on Industry, Science and Technology. After months of study and hundreds of witnesses and briefs, the committee released the authoritative review with 36 recommendations [PDF] that include expanding fair dealing, a rejection of a site blocking system, and a rejection of proposals to exclude education from fair dealing where a licence is otherwise available. The report represents a near-total repudiation of the one-sided Canadian Heritage report that was tasked with studying remuneration models to assist the actual copyright review. While virtually all stakeholders will find aspects they agree or disagree with, that is the hallmark of a more balanced approach to copyright reform.
This post highlights some of the most notable recommendations in the report that are likely to serve as the starting point for any future copyright reform efforts. There is a lot here but the key takeaways on the committee recommendations:
- expansion of fair dealing by making the current list of fair dealing purposes illustrative rather than exhaustive (the “such as” approach)
- rejection of new limits on educational fair dealing with further study in three years
- retention of existing Internet safe harbour rules
- rejection of the FairPlay site blocking proposal with insistence that any blocking include court oversight
- expansion of the anti-circumvention rules by permitting circumvention of digital locks for purposes that are lawful (ie. permit circumvention to exercise fair dealing rights)
- extend the term of copyright only if ratifying the USCMA and include a registration requirement for the additional 20 years
- implement a new informational analysis exception
- further study of statutory damages for all copyright collectives along with greater transparency
- adoption of an open licence rather than the abolition of crown copyright
My submission to the Industry committee can be found here. The submission and my appearance is cited multiple times in the report and I’m grateful that the committee took the submissions from all witnesses seriously.
May 22, 2019
April 11, 2019
What happens if you block access to all of Google’s IP addresses?
The answer is … not a lot, or at least not quickly. So many companies use Google’s services in the background that even if you can get a particular site to work for you, it’ll very likely be as slow as a mid-90’s dial-up connection. Stephen Green reports on someone’s live experiment with a Google-less internet:
Behind the scenes, [Gizmodo’s Kashmir] Hill’s specialty VPN blocked her devices from trying to ping Google’s servers more than 15,000 times — in just the first few hours. After a week, it had stopped more than 100,000 attempts to share data with Google. And to repeat, this is after Hill had stopped using any of Google’s apps or services. The company has its tendrils all throughout the internet.
As Hill describes the process in her report to Gizmodo:
I migrate my browser bookmarks over to Firefox (made by Mozilla).
I change the default search engine on Firefox and my iPhone from Google — a privilege for which Google reportedly pays Apple up to $9 billion per year — to privacy-respecting DuckDuckGo, a search engine that also makes money off ads but doesn’t keep track of users’ searches.
I download Apple Maps and the Mapquest app to my phone…
I switch to Apple’s calendar app.
I create new email addresses on Protonmail and Riseup.net (for work and personal email, respectively) and direct people to them via autoreplies in Gmail.
Hill did literally everything an internet-connected human being can do to disconnect themselves from Google. But you don’t have to be a Google customer in order to have the company garner 100,000 little bits of data about you every single week. Or as Hill herself says, “Google, like Amazon, is woven deeply into the infrastructure of online services and other companies’ offerings, which is frustrating to all the connected devices in my house.”
The fact is, you aren’t Google’s customer: You and your data are Google’s product, served up on an electronic platter to advertisers and God-Only-Knows-Who-Else… even if, like me, you’ve boycotted all of the company’s little data-sniffing products.
As a libertarian, I have philosophical issues with the whole idea of antitrust. But when a company grows so big and so pervasive that you can’t avoid becoming its tool — even when going to the extreme lengths Hill went through — then I can draw only one conclusion, expressed in three words.
Break. Them. Up.
April 4, 2019
March 30, 2019
The EU’s copyright regulation is a stalking horse for online censorship and control
To the amazement of many non-EU observers, the European Parliament passed blatantly authoritarian and corporatist changes to the rules on copyrights that will have potentially vast impact on the internet across the world, not just inside the EU. At City A.M., Kate Andrews explains why this is such bad news for all internet users:
The two most controversial points in the law – Article 11 and Article 13 – are almost certain to stifle digital activity, and interfere with the free way that people currently use online platforms.
Article 11, known as the “link tax”, would make online platforms compensate press publishers for links and article content posted on their sites.
As my colleague Victoria Hewson highlighted in her latest briefing, this approach has been “widely criticised as a distortive measure that seeks to prop up a declining industry”.
As many local and national newspapers decline in readership and revenue, governments have become increasingly protectionist in their attempts to “rebalance” the sector, by cracking down on online platforms.
The link tax has little merit, even if rebalancing is the goal. News outlets which require payment for readership already have logins and paywalls to protect their content from free access.
[…]
Article 13 will also be distortive to the market, as it makes online platforms increasingly liable for copyright infringement.
As Hewson’s briefing notes, major online platforms already have routine screening processes for content that violates copyright law or their own rules. But the new regulations “remove the protection for platforms previously available if they removed violating content promptly on receiving notice of it, and contravene fundamental rights such as free expression and freedom from monitoring”.
The Directive claims that safeguards – including pastiche, parody, and quotations – will be protected, and that meme content has been excluded.
But the algorithms which these platforms will have to implement to adhere to Article 13 are going to struggle to see the difference between infringement and fair use when comparing uploads to content that is registered as copyrighted.
March 20, 2019
A Supreme Court case that created huge sales tax problems for online firms
Eric Boehm explains why an obscure US Supreme Court ruling is making life extremely complicated for thousands and thousands of online businesses:
… Until last year, that meant Heitman was responsible for collecting and paying sales taxes to exactly one place: the Wisconsin Department of Revenue. But thanks to an under-the-radar ruling from the U.S. Supreme Court in June, he’s now receiving letters, phone calls, and emails from revenue officials across the country, each wanting a piece of his business.
The source of Heitman’s frustrations is Wayfair v. South Dakota, which allowed states to collect sales taxes from online businesses located beyond their borders. Many states view the Wayfair ruling as a potential tax revenue windfall in which the taxes are paid by non-residents who can’t vote against them. That’s why businesses like Heitman’s are now facing the chilling prospect of owing taxes in dozens, and possibly hundreds, of different jurisdictions — while being hounded by out-of-state tax collectors.
Since the Supreme Court issued its ruling in June, Heitman has been scrambling to become compliant with tax commissions and revenue departments from coast to coast. He’s spent thousands of dollars on new software to help navigate the complexities of state sales tax law, but that’s only been so much help. “It almost seems like I have another full time job dumped on me with this sales tax thing,” he says. “It’s burning me out.”
As the 2019 tax season begins, states are ramping up efforts to squeeze extra revenue out of remote retailers like Heitman, putting an expensive new burden on businesses that have found broad customer bases online. The burden is particularly large in the five U.S. states that charge no sales tax, where entrepreneurs could now be charged with paying a tax they have never had to pay before, to a government over which they have no voice. And while Congress could clean up the Supreme Court’s mess, it’s far from certain that it will.
Warren Meyer points out that it’s not just the individual states who are taking advantage of this windfall opportunity to collect taxes from non-residents:
Like most writers, Mr. Boehm actually understates the problem. Because the potential exists not to have 50 new taxing authorities for every sales, but thousands. I have to deal with this every day. I wrote a while back:
Take Arizona, which seems from my experience to be roughly average. The sales tax rate table is 18 pages long in a small font. There are 29 separate rate categories which each have different rates in each of Arizona’s 15 counties. My business is in 6 counties and we have 3 rate categories that apply, or 4 if you consider items with no tax as another rate category. This is 24 different state/county sales tax rates we charge. But that is the easy part. Because then there are, in addition to county taxes, 92 different towns and cities that have their own rate tables with up to 29 different rate categories that add to the base state/county rate. Other states such as Washington (rule of thumb — if the state has no income tax then it has a LABYRINTHIAN sales and business tax systems) have additional overlay taxes such as for transit and stadium districts.
When my company opens a new location, we have to spend hours on the Internet and with maps trying to figure out what sales taxes to collect, and even with good due diligence we sometimes get it wrong and find in an audit we are actually just inside or outside some line where the rate changes (we once had a location 30 miles outside of Seattle on a long dirt road where we found we had to collect the Seattle Rapid Transit tax). Thatcher, AZ is a town of like 4000 people but has its own special sales tax rates — do you know where the town line is? Well neither do they, because last time I checked they did not have any sort of online lookup system to tell one automatically if the address is inside or outside the town and its sales tax district…
But even after registering in all 50 states, you are STILL not done, because many states don’t have a fully unified sales tax collection system. In Arizona, for example, the larger cities require their own registration and monthly reporting.
Meyer is operating a company that has physical assets and employees in each of the states and lesser jurisdictions to which taxes are due. Internet businesses generally only have physical assets in a single state, yet an expansive reading of the Wayfair ruling (the type of reading most jurisdictions will prefer) makes them liable for taxes almost everywhere.
February 28, 2019
February 20, 2019
February 14, 2019
QotD: Knowing how to find out is an essential skill
The thing is, you don’t have to be an expert on everything. Simply knowing the basics and the relevance is enough in many cases. You have the entirety of human knowledge at your fingertips so knowing how to look things up is more important than memorization. Einstein allegedly said he had no reason to memorize how many feet were in a mile because he could find in any book. Today, you can find the details off your phone or laptop in seconds. What you need is an understanding of how to find it.
That’s the first thing a modern person needs to know. How to look things up on-line is an essential skill in the modern age. Working with young interns years ago, I was surprised to discover that none of them knew how to be curious. I had to teach them how to find things on-line. They had no idea how to discover the world by inference. What I ended up telling them is always ask what a thing is, not where a thing is. What is its nature, what does it do. Who thinks it is important. Enter those things in a search engine and you will get close to what you seek.
This is probably obvious to most reading this, but there is a reason browsers have bookmarks and there are services that let you synchronize your bookmarks on all of your devices. Most people store knowledge and then remember where they left it. That has its place, but when searching for things on-line, you may, whether you realize it or not, be looking for unknown unknowns. By thinking about what a thing or event is, you will find things like it or related to it that you never considered or simply did not know existed.
This will no doubt strike some as pedantic, but in the modern age, the ability to quickly acquire necessary information is probably the most valuable skill and therefore, the most essential of knowledge. All of us have at our fingertips the totality of human understanding. Knowing how to quickly dig through it to find what it is you need is vastly more useful and important than the ability to remember how many feet are in a mile or where the book you learned it is on your book shelf.
The Z Man, “Essential Knowledge Part I”, The Z Blog, 2017-01-13.
February 7, 2019
Cultural nationalism versus cultural imperialism at the CBC
Andrew Coyne reflects on the odd musings of CBC president Catherine Tait:
“There was a time,” Catherine Tait was saying, “when cultural imperialism was absolutely accepted.”
The CBC president was musing, at an industry conference in Ottawa last week, about the heyday of the British and French Empires, when if “you were the viceroy of India you would feel that you were doing only good for the people of India.” Or, “if you were in French Africa, you would think ‘I’m educating them, I’m bringing their resources to the world, and I’m helping them.’ ”
The comments have since come back to bite her, not because many people have a kind word for imperialism these days but because she was comparing those colonial empires, which invaded and conquered territory by force of arms, to the “new empire” of Netflix. As more than one commentator has objected, none of the six million Canadians who subscribe to Netflix was made to do so at the point of a gun.
Neither is it evident what comparable “damage” is done by a service that gives willing viewers in this country access to well-made television programs from around the world. It was, in short, an altogether silly line of argument.
And yet it seems wrong to heap such particular scorn on Tait. For in truth she was only giving voice to the sort of thinking typical of her generation and class: middle-aged cultural bureaucrat/subsidized private producer, of a kind found in particular abundance in the Montreal-Toronto corridor. The same defensive attitudes, what is more, have for decades formed the foundation of much government policy on culture, even if they are largely incomprehensible to a generation raised on Netflix and YouTube.
There was a time, that is, when cultural nationalism was absolutely accepted — when it was taken as a given among the educated classes that it was the responsibility of government to protect and defend Canadian culture, if necessary from Canadians themselves. Hence the whole apparatus of CanCon, most of which is still with us today.









