A day later and I realize that the admonition to "do nothing" should be limited to not amalgamating the Broadcasting Act with the Telecommunications Act. The rest of the scheme I propose is an active engagement with the meaning of the Internet.
I am a lawyer and an adjudicator who practices principally in relation to technology issues: Internet governance, domain names, and 9-1-1 policy matters. I was a member of the CRTC (the Canadian broadcast and telecom regulator) from 2008-2013.
As of January 1st, 2009, I was elected to be a member of the Board of Trustees of ARIN, the American Registry of Internet Numbers, renewed in 2011 and 2014 by the ARIN electorate for three year terms. I served as Chairman of the Board of Trustees of ARIN from January 2011 to August 2013.
My biggest concern (2014) is how Canada is going to evolve to an Internet-based 9-1-1 system from its current state of neglect.
In my time as Commissioner at the CRTC, the most significant accomplishment was turning down the proposal to regulate the Internet under the Broadcasting Act. I have posted my concurring opinion in new media, the term for the question whether the Broadcasting Act should be applied to the Internet in Canada. See also my more recent dissent in part on high-speed access (August 2010).The other significant decision in which I participated was the Internet traffic management procedures proceeding, which balanced the rights of network owners to defend their networks with the rights of users to access networks for their own purposes. My concerns remain the access of people and business to networks, to use, create and innovate without permission.
A lot of my work in 2004 and 2005 on ENUM is found on www.enumorg.ca.
Some essays and work from my LLM degree program (2006-2007) have been posted to the reports page.
At the Law Society of Upper Canada's Entertainment and Media Law Symposium on April 30, 2015, I defended the resolution in this debate, namely that OTT should not be regulated under the Broadcasting Act. Opposing it was Jay Thomson, Vice-President, Broadcasting Policy & Regulatory Affairs at the Canadian Media Production Association.