10 February 1995 Secretary General CRTC Ottawa Ontario K1A ON2 fax: 819-994-0218 Re: PN CRTC 1994-130 Whither The Public Interest?: Response to first round submissions in the CRTC Information highway policy consultation Leslie Regan Shade McGill University Graduate Program in Communications 3465 Peel St. Montreal, Quebec H3A 1W7 514-398-4110 fax: 514-398-4934 internet: shade@polestar.facl.mcgill.ca 1.0 OVERVIEW The public interest spirit that has guided the communications sphere has historically included the mandate towards "universal service" to telephone services and the creation of non-commercial public-affairs, arts, and cultural programming services in the radio and television broadcasting spheres. With the advent and proliferation of new communications technologies, these public interest media attributes in the "information age" have become more elusive and complex. The era of telecommunications deregulation has brought about an ambiguous relationship between public and private interests: privatized and commercial interests versus governmental regulation and control. As well, new networked technologies are constantly evolving and being deployed in new social arenas which transcend constrained geographic boundaries. Certainly the current realities and prognostications of the information infrastructure highlight the need to reconceptualize public interest perspectives and reevaluate the role of such technologies in participatory democracy. For instance, at a minimum, these policies should: --ensure that a heterogeneous public is represented in policy discussions, so that the perspectives of those groups in society that may be affected by the introduction and deployment of new technologies are consulted; --research the needs of diverse user communities to ascertain what essential services are for social service and community development delivery; --research access issues as related to user interface; --research vital policy issues related to privacy, copyright, and intellectual property; --guarantee that the public has facilitated access to the existing public information services while the transition to the electronic medium is underway; --ensure that public education and information programs related to the new electronic networks is provided for the public at large. Unfortunately, it would appear that the preponderance of submissions to the CRTC in response to Public Notice 1994- 130 has not considered these public interest issues to be significant. Instead, the business prospects and the managerial implications of the "information superhighway", the highly touted delivery system of the near future that will bring entertainment and communication services to both the domestic and business sector is the focus. Canadians are reduced to mere passive 'consumers' of the products that the telephone, cable, and television industries want to propagate. I therefore would like to extend my full support towards several of the submissions submitted by individuals and organizations to CRTC PN1994-130 which support and advocate public interest policies. These include:The McLuhan Program (#428); Telecommunities Canada (#294); Mark Surman (#436); Andrew Clement (#431); the Coalition for Public Information (#434); and the Public-Information Highway Advisory Council--P-IHAC (#328). My detailed response to some of their comments follow: 2.0 RESPONSE TO PUBLIC INTEREST SUBMISSIONS Need for reconceptualization of Canadian public: In the current discussions and debates surrounding the information infrastructure, all of the above submissions urged the consideration of Canadians not as passive consumers but as active participants and producers of content. There is a need to create an infrastructure which is user-defined, allowing for an interactive flow of communication, with content free from commercial restraints. Andrew Clement suggested that "those who would initiate major information and communications projects should be required to commission the equivalent of environmental impact statements". Universal Service Many of the submissions advocate that principles of universal service be promoted. Some of the following characteristics of universal service include: 1. Connectivity --to homes, K-12 schools, colleges, universities, public libraries, businesses, governments, etc. --physical features: broadband (capable of carrying video signals, voice and data), and switched (allows user to connect to any other or many others). 2. Openness In order to foster democracy and equality, the information infrastructure must provide the ability to receive as well as produce and send information; interactive forums. Users must be both information users and information providers. There should be a diversity of information providers. 3. Interoperability: A Network of Networks Interoperability would allow users of different networks to communicate easily with users of other networks. 4. Design The design must be easily accessible to the broad population, including peoples with disabilities. Multiple access methods will be necessary to account for differences in human capacities. 5. Usability: Finding Information Directories, indexes, search engines, etc., must be easy for the general public to use. Librarians and professional information intermediaries must be trained to aid the general public and provide ongoing training, support and user education (and must be funded to do these tasks). 6. Usability: What is vital community information? What's to be considered vital public information necessary for continued education, health, well-being, equity, communication? The McLuhan Program's submission delineated eight essential public services: ES1: a Canadian source of news about the nation and the world; ES2: a local source of news, weather,events, and information; ES3: a comprehensive heath care database; ES4: a jobs listing and employment opportunities databank; ES5: a library and information access gateway; ES6: an educational and training database, providing lifelong learning resources; ES7: a government services and information database; ES8: a Freenet community dialogue network. 7. Privacy and Security Must be ensured. 8. Affordable For a heterogeneous population. Network Literacy As well, the emergent information infrastructure must promote new forms of literacy. Some of the factors that would comprise network literacy include: Knowledge --awareness of the range and uses of global networked information resources and services --understanding how networked information can aid in problem solving and in performing basic life activities --a basic understanding of the technical system by which networked information is generated, managed, and made available Skills --ability to retrieve specific types of information from the network using a range of information discovery tools --ability to manipulate networked information by combining it with other resources, enhancing it, or otherwise increasing the value of the information for particular situations --use of networked information to analyse and resolve both work and personal-related decisions and obtain services that will enhance their overall quality of life Need to create Canadian content and protect cultural sovereignty: As P-IHAC's (#328) intervention so eloquently stated, "Culture, in a communications environment analogous to every Canadian being a broadcaster, can best be served by allowing everyone the opportunity to make and provide their own content. We know that Canadians produce world-class commercial products. Allowing a massive increase in the number of people and organizations who can easily participate, create, communicate and innovate will be the greatest cultural protection this country will ever know". Privacy Protection Measures to protect the privacy of the individual in a transaction-generated digital environment must be protected. As the McLuhan Program noted, "The Charter right to security of the person should be extended to the protection of personal information from unauthorized use". Distinction between carrier and content As P-IHAC notes, this distinction between carrier and content has the dual benefit of ensuring service, access, and quality, and privacy for the individual. Interactive communication technologies should facilitate diversity of speech. Freedom of speech, as well a common carrier principles adopted for networking technologies, should be adhered to; such principles would ensure that carriers would be exempt from legal liability for libel, obscenity, and plagiarism. Creation of a Public Lane I strongly concur with Mark Surman when he wrote that "If Canada is to maintain a well rounded communications system, enhance its global competitiveness and promote the opportunities for public-self expression which are essential to the health of a democracy, the Commission must include provisions for a public lane as it writes the regulation that will define Canada's information highway". The ongoing creation of community networks in Canada--with approximately 13 operational and with 36 organization committees, is a testimonial to the urgent need Canadian citizens feel towards creating a vital public space. Telecommunities Canada has predicted that "it is not unreasonable to anticipate that 750,000 to 1 million Canadians could be experiencing community network services by the end of 1995". CRTC Process Many of the submissions challenged the CRTC process. P-IHAC wrote that "The government has engaged the CRTC in a process which cannot be legitimate, one which cannot lead to solutions reflective of public concerns...we ask that the Commission send a clear message, in its response to the government, that this process and its conclusions, are necessarily not representative of the public's interests or choices, but rather those of a concerned few who have been subjected to undue constraints". Andrew Clement wrote that "the proposed CRTC timetable is far too short to afford the depth and range of public consultation that is vital to such a major issue" and that "more extensive public education and consultation are necessary before long term decisions are made". He, as well as the submission from the McLuhan Program, suggest that a more thorough public consultation, such as a Royal Commission, be convened, in order to more thoroughly engage the public in policy formulation. Conclusion: The ideal would be to develop the information infrastructure as `convivial' tools. In his 1973 book, Tools for Conviviality, Ivan Illich wrote: "As an alternative to technocratic disaster, I propose the vision of a convivial society. A convivial society would be the result of social arrangements that guarantee for each member the most ample and free access to the tools of the community, and limit this freedom only in favor of another member's equal freedom". (Illich, 1973, 12).