CRTC requires Internet service providers to be more transparent

CRTC requires Internet service providers to be more transparent about their Internet traffic management practices
OTTAWA-GATINEAU, October 21, 2009 —The Canadian Radio-television and Telecommunications Commission (CRTC) today introduced a new framework to guide Internet service providers (ISPs) in their use of Internet traffic management practices. The Commission is also requiring ISPs to inform consumers of their practices, which will help them to make more informed decisions about the Internet services they purchase and use.
“Canada is the first country to develop and implement a comprehensive approach to Internet traffic management practices,” said Konrad von Finckenstein, Q.C., Chairman of the CRTC. “The centrepiece of our approach is a framework of analysis that will be employed to determine whether economic and technical practices are acceptable.”
“More and more, the Internet is serving as the backbone for communication, commerce, governance, health, education and entertainment. Our framework will foster an environment where ISPs, application providers and users have the utmost freedom to innovate,” added Mr. von Finckenstein.
ISPs will be required to inform retail customers at least 30 days, and wholesale customers at least 60 days, before an Internet traffic management practice takes effect. At that time, ISPs will need to describe how the practice will affect their customers’ service.
To meet the changing needs of Internet users, the Commission encourages ISPs to make investments to increase network capacity as much as possible. However, the Commission realizes that ISPs may need other measures to manage the traffic on their networks at certain times.
Whenever possible, ISPs should give preference to Internet traffic management practices based on economic measures. These practices are the most transparent as they are clearly identified on monthly bills. With this information, consumers can compare between different Internet services and match their bandwidth needs with the amount they are willing to pay. Technical means to manage traffic, such as traffic shaping, should only be employed as a last resort.
The Commission has also adopted special rules for ISPs that provide services on a wholesale basis to their competitors. These are necessary to ensure that ISPs do not use Internet traffic management practices to cause competitive harm to their wholesale customers.
For both the retail and wholesale markets, the Commission will use its new framework to review practices that raise concerns or generate complaints.Telecom Regulatory Policy CRTC 2009-657
The CRTC
The CRTC is an independent public authority that regulates and supervises broadcasting and telecommunications in Canada.

Reference documents:
News release, "CRTC opens online consultation on Internet traffic management practices," March 31, 2009News release, "CRTC denies CAIP application, but will examine Internet traffic management practices," November 20, 2008

- 30 -
Media Relations:MediaRelations, Tel: 819-997-9403, Fax: 819-997-4245
General Inquiries: Tel: 819-997-0313, TDD: 819-994-0423, Fax: 819-994-0218 Toll-free # 1-877-249-CRTC (2782) TDD - Toll-free # 1-877-909-CRTC (2782) Ask a question or make a complaint
These documents are available in alternative format upon request.
Backgrounder on the CRTC’s framework for Internet traffic management practices
A growing number of Canadians are using the Internet for all sorts of purposes, whether they are furthering their education, creating innovative applications or starting businesses. In Canada, Internet traffic grew at an average rate of 43 per cent every year between 2005 and 2008. Internet service providers (ISPs) must sometimes manage the flow of data on their networks to prevent or respond to congestion, and to ensure that all users receive an acceptable Internet service. ISPs can employ a range of economic and technical tools to manage Internet traffic.
Key definitions
a) Economic Internet traffic management practices
ISPs can choose to manage traffic through economic measures. This means that they could charge consumers rates based on how much bandwidth they use each month, or offer discounts during off-peak hours. These practices allow consumers to make informed decisions based on how much bandwidth they want or need, and what they are willing to pay.
b) Technical Internet traffic management practices
ISPs can also use technical measures to manage traffic. These could include slowing down or prioritizing certain types of Web traffic (known as traffic shaping), as well as limiting the bandwidth of heavy users.
c) Retail Internet services
ISPs offer these services, which provide access to the Internet, directly to customers. Internet traffic management practices can affect the performance of a user’s Internet services.
d) Wholesale Internet services
Many ISPs purchase bandwidth from telephone or cable companies to provide Internet services to customers. Certain traffic management practices, when applied to wholesale services, can prevent ISPs from offering distinctive services.
CRTC framework
The Commission has established a set of criteria to determine whether an Internet traffic management practice is acceptable. In the Commission’s view, a practice should only be implemented if:
it is designed to address a valid purpose, such as preventing congestion on an Internet network
it is as narrowly tailored as possible to achieve the desired result, using the least restrictive means
it causes as little harm as possible to the customer, application provider or the ISP that is a wholesale customer, and
network investments or economic approaches would not effectively achieve the same purpose.
Consumer notification and privacy
If an ISP adopts a technical measure to manage traffic, such as traffic shaping, it must inform its customers in advance. This information must be displayed clearly and prominently on its website, and must describe:
why it is being introduced
who will be affected
when it will occur
what type of Internet traffic is subject to the management practice, and
how it will affect a user’s Internet experience, including the specific impact on speeds.
Furthermore, the Commission has established privacy provisions for ISPs that provide retail Internet services. Certain technologies associated with Internet traffic management practices can collect and use personal information without the knowledge or consent of consumers. As an added protection for consumers, the Commission has directed ISPs not to disclose this information or use it for any other purpose.
ISP actions affecting content
According to the Telecommunications Act, a telecommunications company must obtain the Commission’s prior approval to “control the content or influence the meaning or purpose of telecommunications” carried over its network. The Commission does not consider such disruptive actions to be proper Internet traffic management practices, and they will always require prior approval.
An ISP would therefore need to seek the Commission’s approval before it implemented a practice that would:
block the delivery of content to an end-user, or
slow down time-sensitive traffic, such as videoconferencing or Internet telephone (Voice over Internet Protocol) services, to the extent that the content is degraded.
When faced with these requests, the Commission will only grant its approval in the most exceptional cases.
Mobile wireless services
The Commission intends to review, at a future date, the regulatory measures that apply to wireless service providers and their use of Internet traffic management practices. In recent years, mobile wireless services have been the fastest growing component of the telecommunications industry. The number of subscribers in Canada has nearly doubled from 11.3 million in 2003 to 22.1 million in 2008. Traffic on mobile networks has also been rising as more consumers access the Internet through smartphones and other multimedia devices. Capacity on wireless networks is currently more limited than on other types of networks and an increase in traffic is likely to lead to congestion.

CSIS "has seriously damaged confidence" in the court process.

Court orders chastened CSIS to hand over secret file
By Jim Bronskill (CP) – 5 hours ago
OTTAWA — A federal judge says Canada's spy service "has seriously damaged confidence" in the court process and must help restore trust by handing over a secret file in the case of terror suspect Mohamed Harkat.
In a decision made public Tuesday, Federal Court Justice Simon Noel ordered the Canadian Security Intelligence Service to give him details of a confidential source the spy agency is using to support allegations against Harkat.
The government is trying to deport the Algerian-born Harkat using a national security certificate, a rarely employed immigration provision.
CSIS alleges Harkat, arrested almost seven years ago, has ties to the al-Qaida extremist network. The former gas station attendant and pizza delivery man denies involvement with terrorism. He lives in Ottawa with his wife under strict bail conditions and wears an electronic ankle bracelet so federal officials can track his movements.
In his ruling, Noel said CSIS "undermined the integrity" of the court's work by failing to disclose relevant details of a polygraph examination of another source in the Harkat affair. CSIS neglected to tell him a secret informant failed portions of the lie-detector test - a lapse the service itself has called "inexcusable."
Further, Noel said he was unimpressed with evidence about the polygraph matter - which first made headlines last spring - from three CSIS witnesses, whose names are confidential.
On the contrary, the CSIS explanations led Noel to conclude information the government filed in support of the certificate against Harkat was "filtered" and that promises to the court had been broken.
"Filtering evidence, even with the best of intentions, is unacceptable," Noel wrote.
The judge said one CSIS witness provided answers to the court that were "incomplete and inaccurate" and another did not fulfil undertakings he made in February to provide information about the polygraph matter.
The judge said while it doesn't appear the three witnesses deliberately tried to mislead him, CSIS failed to give them "proper advice or support," amounting to an institutional failure.
"The rule of law cannot be set aside because of a lack of time, resources or institutional resistance to the evolving context of security certificate proceedings."
Noel gave CSIS five days to turn over copies of the file on the second covert source to the court and to two special advocates, appointees with clearance to see secret evidence who serve as watchdogs for Harkat.
Neither Harkat, his counsel, nor the public will be allowed to see the classified source file.
Norm Boxall, one of Harkat's lawyers, said it's "deeply disturbing" that CSIS filtered evidence it provided to the court.
Boxall said that raises fears the spy agency does similar kinds of filtering - possibly erasing salient bits from the record - when it gathers information from confidential sources in the first place. And that's worrisome because even the judge and the special advocates have no way of knowing CSIS has done that, he said.
In addition, the advocates cannot independently test the credibility of CSIS's sources because doing so, for instance by interviewing a source's associates, would violate strict court secrecy in security certificate cases, Boxall said.
"I have confidence in the ability and integrity of the special advocates and I have confidence in the court doing its absolute best," he said. "But where I lack confidence is with the regime that handcuffs the special advocate and limits the court."
In a statement Tuesday, CSIS stressed that the court found the shortcoming in disclosure was not an intentional effort to hide information.
"The service reacted promptly to this incident by informing the court, and quickly implemented new processes, including enhanced training, to improve the accuracy and completeness of information that CSIS provides to the court relating to the reliability of human sources," the intelligence service added.
Boxall said Noel has also asked counsel to make submissions concerning a trailblazing case before the courts in England, which also has a system of special advocates. The British are grappling with similar issues related to fair disclosure of evidence in security cases.

yahoo GeoCities is closing on October 26, 2009.

		Dear Yahoo! Canada GeoCities customer, We're writing to remind you that Yahoo! Canada GeoCities, our free web site building service and community, is closing on October 26, 2009. We have enjoyed hosting web sites created by Yahoo! users all over the world, and we're proud of the community you've built. However, we have decided to focus on helping our customers explore and build relationships online in other ways. On October 26, 2009, your GeoCities site will no longer appear on the Web, and you will no longer be able to access your GeoCities account and files. What You Need to Do If you're no longer using your web site, you don't need to do a thing, but if you'd like to move your web site, or save the images and other files you've posted online, you need to act now by downloading your files to your own computer. To quickly download your published files and images, visit your GeoCities web site, right-click on each page, and choose Save Page As... from the menu that appears. Choose a location on your computer to save your files, then click OK or Save to save the HTML and images associated with your page. Learn more about downloading your files. With your pages and images saved offline, you can re-create your site with any hosting provider you like. Please be aware that after October 26, your GeoCities files will be deleted from our servers, and will not be recoverable. If you'd like to save your files, you must download them now. Another Way to Connect Online As a Yahoo! customer, you can now use your Yahoo! profile as a central point to manage your identity, activities, and interests across Yahoo! and make it easy to connect and share with the people who matter to you most. You can get started anytime by adding your picture and other personal details, then invite friends and family to connect — even start your own blog. You'll be able to follow the online activities of your connections across Yahoo!. Setting up your profile is easy, and it's free! Visit your profile now. Don't Wait Please save your files now. If you need assistance, please visit the help centre. We want to thank you for being a GeoCities customer, and hope you continue to enjoy our other Yahoo! Canada services. Best regards, The Yahoo! Canada GeoCities team

New Wildrose Party leader Not good

Smith elected Wildrose Party leader
Last Updated: Saturday, October 17, 2009 5:13 PM MT Comments148Recommend31
CBC News
Danielle Smith was elected leader of the Wildrose Alliance Party in Edmonton on Saturday. (CBC)Danielle Smith was selected Saturday as the new leader of Alberta's fledgling Wildrose Alliance Party.
Party members from across the province met at a South Edmonton hotel to select a leader to replace interim leader Paul Hinman.
Smith, 38, a former broadcaster, beat businessman Mark Dyrholm, the only other candidate.
In her victory speech, Smith took a swipe at the governing Progressive Conservative leader.
"[Premier] Ed Stelmach, you haven't even begun to imagine what's going to hit you," she said. "We have become a party of winners."
The Wildrose Party earned a shot of credibility last month when Hinman, a former MLA under the Alberta Alliance banner, won a byelection in Calgary-Glenmore.
It is the party's only seat, but it's one the governing Progressive Conservatives had held for more than 35 years.
The Wildrose Party espouses fiscal and social conservatism, and recent polls have it matching or beating the Alberta Liberals as the second most popular party in the province.
However, Wildrose president Jeff Callaway said there is plenty of work to do.
He said the party will now focus on raising money and nominating candidates for the next provincial election.
Mark Dyrholm, seen Wednesday, lost the race for the party leadership Saturday. (CBC)"That's not a small task but I'm also encouraged by the people that are approaching us that want to be candidates."
Even though the Tories' popularity appears to be sinking, Callaway said, the governing party has a lot of money and a strong organization throughout the province — and a huge majority in the legislature.
"They've got 70 out of 83 seats. That strong institutional base of support — none of that is lightly dismissed by us whatsoever, and so we're under no illusions of the task that's before us."

Violent arrest at UWO now on youtube

A good day for full answer & defense

Federal judge formally quashes security certificate against Adil Charkaoui

MONTREAL — A security certificate against a Montreal man accused by Ottawa of having terrorist ties has officially been declared null and void.

Adil Charkaoui, a married father of three who has steadfastly denied any links to terrorists, said Wednesday he's elated with the judgment.

Federal Court Justice Daniele Tremblay-Lamer wrote that the certificate has been quashed and that Ottawa has no right to appeal.

Tremblay-Lamer said the notion of national security is a question of perspective and that grey zones can exist.

"It's understandable that a disagreement on.... one element of the evidence might lead the ministers to believe the court has given more weight to the rights of an individual over the demands of national security," Tremblay-Lamer wrote.

"However, this belief is not founded."

The case against Charkaoui began to unravel this summer when Ottawa's lawyers withdrew evidence against him, saying disclosing such information would endanger national security.

Government lawyers were seeking permission to appeal the court decision forcing Ottawa to disclose information about the case.

The end result could have widespread implications for the remaining four men the government is seeking to have tossed from the country under the controversial security-certificate legislation.

Charkaoui told The Canadian Press in a telephone interview he has been waiting for six years to officially be a free man again.

"It's a great decision for me, a historical decision and so I'm really happy," Charkaoui said.

"Finally, it's the end of this nightmare."

Tremblay-Lamer removed the remaining conditions against Charkaoui at the end of September, notably one that forced him to wear an ankle bracelet that had enabled the government to track his every move since 2005.

Many of the conditions originally imposed on Charkaoui had already been removed in February, when the judge ruled some of them had become disproportionate given the number of years that had passed since he first faced terrorist allegations.

During a hearing last month, Tremblay-Lamer told lawyers the security certificate would fall as the federal government had failed to meet its burden of proof once the disputed material - gathered through wiretaps - was removed.

Charkaoui is demanding an apology and compensation from the federal government.

Charkaoui is a landed immigrant who was arrested in Montreal in 2003 under security-certificate legislation that allows Canada to expel foreign-born individuals if they are considered a national security risk.

The Canadian Security Intelligence Service said as of last month that its information was accurate and that Charkaoui, a school teacher and part-time graduate student, is an al-Qaida sympathizer who should be returned to his native Morocco.

In a recent interview, Public Safety Minister Peter Van Loan said he had concerns about various aspects related to the question of security certificates, including rising legal costs.

"But what I have to do is find a way to ensure that Canadians' safety and security is protected," he said.

Charkaoui was among five men - including four from Ontario - who were facing removal from Canada under the certificates.

Mohamed Harkat, Mahmoud Jaballah, Mohamed Zeki Mahjoub and Hassan Almrei are all fighting to remain in the country.

There have been recent revelations in the Harkat and Almrei cases that CSIS failed to disclose certain evidence that has raised serious questions about those proceedings.

United States Implementation of SMS FAA.

United States Implementation of SMS

The United States has introduced SMS for airports through an advisory circular^[11] and other guidance.^[12]

The United States announced at the 2008 EASA/FAA/TC International Safety Conference that they would be developing regulations to implement SMS for repair stations, air carriers, and manufacturers. The FAA has formed a rulemaking committee to address the implementation. Currently, the FAA is supporting voluntary pilot projects for SMS.^[13