This report was written and compiled for SaveOurNet.

ca by Lindsey Pinto, Steve

Anderson, Reilly Yeo, and Jacqueline Cusack McDonald, with support from
OpenMedia.ca and Koumbit.
Introduction
In fall 2009, the Canadian Radio-television and Telecommunications Commission (CRTC)
developed new "traffic management" guidelines (TRP 2009-657), meant to prevent Internet
service providers (ISPs) from discriminatory interference in Internet traffic, and to make ISPs’
traffic management practices more transparent. Many heralded this ruling as a key step toward
protecting one of the founding principles of the Internet: Net Neutrality.

The principle of Net Neutrality states that Internet users should be

free to use any equipment, content, application, or service on a non-
discriminatory basis, without interference from the network provider.
What the CRTC failed to include, however, were the practical means
by which its guidelines could be enforced. Rather than enforcing its
own framework, the Commission has put the onus on the consumer
to file a complaint and prove that an ISP is throttling the Internet in a
discriminatory manner.

In response, the SaveOurNet Coalition launched a campaign in December 2009, calling on

citizens to ask Conservative Industry Minister Tony Clement to preserve Canada's open
Internet by mandating the regular compliance audits of ISP traffic management practices, to be
carried out by the CRTC. The Coalition also asked the other major political parties in
parliament whether they would support such a mandate.

As no party specifically called for the CRTC to conduct compliance audits, the Coalition
considered each party’s initial response, summarized in the pages that follow, to be insufficient.
(Responses are copied in full in Appendix 1 of this report)

This fall, SaveOurNet addressed the parties once again, asking that they clearly articulate their
position on regular ISP compliance audits. They have also been asked to indicate their stance on
Net Neutrality as a whole, and to describe the practical measures, such as supporting Bill C398
or developing other legislation, that would enshrine Net Neutrality in law.

Summary of Initial Party Positions

Liberal Party of Canada
In its message to the SaveOurNet Coalition, the Office of the Leader of the Opposition related
Net Neutrality to a "free and open democracy" and an "innovative and progressive economy".
The Liberals told SaveOurNet that they have pushed the Conservative party on the issue, and
in June 2009, Liberal MP Marc Garneau, specifically asked Tony Clement whether he supports
the principle of Net Neutrality. Although the Liberals were clear in their support for the
principle of Net Neutrality, they had not called for the CRTC to conduct ISP compliance audits
at this time.

NDP
NDP
The NDP directly addressed ISP compliance audits, agreeing that the CRTC’s failure to
The NDP directly addressed ISP compliance audits, agreeing that the CRTC’s failure to
mandate those audits “is a huge blow to the future competitiveness of the Internet”. They also
mandate those audits “is a huge blow to the future competitiveness of the Internet”. They also
noted that the Party's Digital Affairs critic, MP Charlie Angus, had moved to legislate for Net
noted that the Party's Digital Affairs critic, MP Charlie Angus, had moved to legislate for Net
Neutrality by introducing Bill C-398.
Neutrality by introducing Bill C-398.
In Party Leader Jack Layton’s email to SaveOurNet, he clearly stated that the NDP is in favour
In Party Leader Jack Layton’s email to SaveOurNet, he clearly stated that the NDP is in favour
of net neutrality, and suggested that they will continue to take tangible steps toward ensuring
of net neutrality, and suggested that they will continue to take tangible steps toward ensuring
that Canada's Internet remains open.
that Canada's Internet remains open.

Conservative Party
Conservative Party
Conservative Industry Minister Tony Clement's response to the campaign neither addressed
Conservative Industry Minister Tony Clement's response to the campaign neither addressed
the concerns of the Coalition, nor the letters sent by the thousands of Canadians across the
the concerns of the Coalition, nor the letters sent by the thousands of Canadians across the
country that participated in the campaign.
country that participated in the campaign.
The Industry Minister’s message merely repeated
The Industry Minister’s message merely repeated
the words of the CRTC’s ruling and restated the
the words of the CRTC’s ruling and restated the
process of how to file traffic management
process of how to file traffic management
complaints to the CRTC, a process that the
complaints to the CRTC, a process that the
Coalition has already argued is fatally flawed. The
Coalition has already argued is fatally flawed. The
Coalition has been forced to assume that the
Coalition has been forced to assume that the
Conservative Party will not act to support ISP
Conservative Party will not act to support ISP
audits, or Net Neutrality in general.
audits, or Net Neutrality in general.

Positions as Clarified in Fall 2010

Positions as Clarified in Fall 2010
Liberal Party of Canada
Liberal Party of Canada
Since receiving an email response from Michael Ignatieff’s office (Appendix 1), a source inside
Since receiving an email response from Michael Ignatieff’s office (Appendix 1), a source inside
the Party has clarified the Liberals’ position as follows:
the Party has clarified the Liberals’ position as follows:
1. The Liberal Party of Canada believes that the CRTC should conduct regular ISP audits
1. The Liberal Party of Canada believes that the CRTC should conduct regular ISP audits
to ensure ISPs are operating in compliance with the traffic management guidelines put
to ensure ISPs are operating in compliance with the traffic management guidelines put
forth by the Commission;
forth by the Commission;
2. The Liberal Party of Canada believes that the government should enshrine Net
2. The Liberal Party of Canada believes that the government should enshrine Net
Neutrality into law; and
Neutrality into law; and.
3. At this time, the Liberal Party of Canada does not have a position on the Net Neutrality
bill put forth by New Democratic Party MP Charlie Angus.
The Liberal’s position appears to be a good sign for Canada’s open Internet. With pressure
from the Official Opposition, we are more likely to see the government take tangible steps
toward preserving and protecting Canada’s open Internet.
 3. At this time, the Liberal Party of Canada does not have a position on the Net Neutrality
bill put forth by New Democratic Party MP Charlie Angus.
The Liberal’s position appears to be a good sign for Canada’s open Internet. With pressure
from the Official Opposition, we are more likely to see the government take tangible steps
toward preserving and protecting Canada’s open Internet.

NDP
When the SaveOurNet Coalition followed up with the NDP, a source within the party
conveyed that MP Charlie Angus and the NPD now support the call for regular ISP compliance
audits by the CRTC. The NDP continues to support Net Neutrality legislation through Bill C-
398, which was put forward by MP Charlie Angus.

Conservative Party
The SaveOurNet Coalition has yet to receive a response from messages sent to the
Conservative Party asking for a follow-up to Industry Minister Tony Clement’s January email.
The Coalition sent Clement a formal letter via email and fax, included in Appendix 2 of this
report, and followed up with phone calls and messages on Twitter. In the absence of a
response, the Coalition assumes that Tony Clement and the Conservative Party do not support
ISP audits, or Net Neutrality in general.

Conclusion
The Liberal Party and the NDP, for the first time, officially support Net Neutrality legislation
and ISP compliance audits. Establishing support for ISP audits by two major parties is a tangible
step toward protecting and growing the open Internet in Canada. That said, the party in power,
the Conservatives, have yet to express support for Net Neutrality or compliance audits.
Furthermore, the Conservative Party has failed to respond to the concerns of Canadians by
outlining their position in these matters.
Appendix 1: Letters from Parties
Liberal Party of Canada
Received Friday, September 23, 2010 from Ignatieff.M@parl.gc.ca:

On behalf of Michael Ignatieff, I would like to acknowledge receipt of your recent email
regarding Net Neutrality.

The Liberal Party of Canada supports the principles of net neutrality and an open and
competitive Internet environment. We believe that in a free and open democracy in the 21st
century, in an innovative and progressive economy, no tool is more paramount than the
Internet.

The issue of net neutrality is a global one and internet management should be neutral and not
be permitted for anti-competitive behaviour nor should it target certain websites, users,
providers or legitimate software applications. We must protect the openness and freedom of
the internet, and maintain competition to spur innovation, improve service levels and reduce
costs to users.”

Currently, no laws in Canada exist regulating the flow of Internet traffic.

We have repeatedly asked the Harper Conservatives whether they support net neutrality but
so far they have refused to answer the question.

Thank you for taking the time to write to the Leader of the Opposition.

Yours sincerely,

C. McKone
Office of the Leader of the Opposition

NDP
Received Friday, August 27, 2010 from laytoj@parl.gc.ca:

Thank you for including me in your email to Minister Clement urging his
Conservative government to support net neutrality.

Canada`s New Democrats support implementing "net neutrality" to protect

the right of everyday Canadians to freely access the internet content of
their choice at a flat rate and with clear and transparent rules in
place.

Furthermore, we believe that the recent decision by the CRTC on internet

traffic-management practices will hinder digital innovation in Canada.
In commenting on this decision, NDP Digital Affairs critic Charlie
Angus said, "Basically the CRTC has left the wolves in charge of the
henhouse. ISP giants have been given the green light to shape traffic on
the internet in favour of their corporate interests. This decision is a
huge blow to the future competitiveness of the internet." For more
information, please visit:
http://www.ndp.ca/press/crtc-drops-ball-on-internet-freedom.

Last May, MP Charlie Angus introduced specific legislation to address

net neutrality. Bill C-398, An Act to amend the Telecommunications Act
(Internet neutrality), aims to amend the Telecommunications Act to
prohibit telecommunications service providers from engaging in network
management practices that favour, degrade or prioritize any content,
application or service transmitted over a broadband network based on its
source, ownership, destination or type, subject to certain exceptions.
This enactment also prohibits telecommunications service providers from
preventing a user from attaching any device to their network and
requires telecommunications service providers to make information about
the user's access to the Internet available to the user. You can review
the text and timeline of the Bill C-398 by visiting:
http://www2.parl.ga.ca/Sites/LOP/LEGISINFO/index.asp?Language=E&query=58
43&Session=22&List=toc.

Again, I appreciate having the benefit of your comments on this matter.

Please visit our website at www.ndp.ca to learn the latest about our
team of New Democrats.

Sincerely,

Jack Layton, MP (Toronto-Danforth)

Leader, Canada's New Democrats
Conservative Party of Canada
Received Saturday, January 2, 2010 from minister.industry@ic.gc.ca

Thank you for your email providing your views on the Canadian Radio-television
Telecommunications Commission (CRTC) decision on Internet traffic management practices
(ITMPs).

As you are aware, on October 21, 2009, the CRTC issued Telecom Regulatory Policy 2009-
657, which establishes a framework for analysis that guides Internet Service Providers (ISPs) in
their use of ITMPs. The framework allows the Commission to determine whether or not
specific ITMPs are in compliance with subsection 27(2) of the Telecommunications Act,
which prohibits unjust discrimination and undue preference.

The CRTC, of its own motion or upon the receipt of a credible complaint, can review ITMPs
using the established framework. This manner of proceeding is frequently referred to as an ex
post (i.e., complaints-based) regulatory approach. The burden of establishing that an ITMP
discriminates or results in a preference or disadvantage is on the complainant. However, ISPs
must demonstrate that any such discrimination, preference, or disadvantage is not unjust,
undue, or unreasonable in their response to complaints, and explain why their ITMPs meet the
requirements of the framework. Information on how to file a complaint with the CRTC can be
found on its website at http://www.crtc.gc.ca/rapidsccm/register.asp?lang=e.

Access to the Internet is a key issue for Canadians. Industry Canada continues to monitor
domestic and international developments to ensure that our legislative and regulatory
frameworks remain effective.

Once again, thank you for taking the time to write. I trust that you will find this information
helpful.

Yours sincerely,

Tony Clement
Appendix 2: The SaveOurNet Coalition’s Formal Letter to Clement
1424 Commercial Drive, PO Box #21674
Vancouver, BC, Canada V5L 5G3
Industry Canada
Office of the Honourable Tony Clement
Minister of Industry
C.D. Howe Building
235 Queen Street
Ottawa, Ontario K1A 0H5
October 4, 2010

Dear Mr. Clement,

SaveOurNet.ca is set to release a report on major party responses to our campaign, including
the response we received from you (below).

Will you, and the Conservative Party of Canada, support a call for the CRTC to conduct
regular ISP compliance audits? Your letter below does not answer this question, but instead
simply mirrors our message to you. We specifically asked you to ensure that the CRTC's traffic
management ruling be enforced by calling for ISP compliance audits, but thus far you have
chosen to ignore this request.

In June 2009, Marc Garneau put the issue of net neutrality to you in question period but you
effectively dodged the question, pointing instead to your digital economy consultation. We are
forced to assume from your silence that you do not support ISP audits.

Furthermore, we question your position on net neutrality legislation. Last May, MP Charlie
Angus introduced specific legislation to address net neutrality, Bill C-398. This Bill to amend the
Telecommunications Act aims to prohibit telecommunications service providers from engaging
in network management practices that favour, degrade, or prioritize any content, application, or
service transmitted over a broadband network based on its source, ownership, destination, or
type, subject to certain exceptions. It also prohibits service providers from preventing users
from attaching any device to their networks, and requires these providers to make user access
information available to the user.

You can review the text and timeline of Bill C-398 by visiting:

http://www2.parl.ga.ca/Sites/LOP/LEGISINFO/index.asp?Language=E&query=5843&Session=22&
List=toc

At present, we assume that you do not support ISP audits or net neutrality legislation; however,
we'd like to give you another opportunity to respond. On behalf of the SaveOurNet.ca
Coalition, OpenMedia.ca, and all Internet users, we ask you now:

1. Do you support Bill C-398? If not, will you put together your own net neutrality
legislation?
2. Will you and the Conservative Party of Canada support a call for the CRTC to
conduct regular ISP compliance audits?

Regards,

The SaveOurNet.ca Coalition and OpenMedia.ca

From you on January 22, 2010:

Thank you for your email providing your views on the Canadian
Radio-television Telecommunications Commission (CRTC) decision on Internet
traffic management practices (ITMPs).

As you are aware, on October 21, 2009, the CRTC issued Telecom Regulatory
Policy 2009-657, which establishes a framework for analysis that guides
Internet Service Providers (ISPs) in their use of ITMPs. The framework
allows the Commission to determine whether or not specific ITMPs are in
compliance with subsection 27(2) of the Telecommunications Act, which
prohibits unjust discrimination and undue preference.

The CRTC, of its own motion or upon the receipt of a credible complaint,
can review ITMPs using the established framework. This manner of
proceeding is frequently referred to as an ex post (i.e.,
complaints-based) regulatory approach. The burden of establishing that an
ITMP discriminates or results in a preference or disadvantage is on the
complainant. However, ISPs must demonstrate that any such discrimination,
preference, or disadvantage is not unjust, undue, or unreasonable in their
response to complaints, and explain why their ITMPs meet the requirements
of the framework. Information on how to file a complaint with the CRTC
can be found on its website at
http://www.crtc.gc.ca/rapidsccm/register.asp?lang=e.

Access to the Internet is a key issue for Canadians. Industry Canada

continues to monitor domestic and international developments to ensure
that our legislative and regulatory frameworks remain effective.
Once again, thank you for taking the time to write. I trust that you will
find this information helpful.

Yours sincerely,

Tony Clement