FUTURE-KNOWLEDGE: THE REPORT A Public Policy Framework for the Information Highway CANADA'S COALITION FOR PUBLIC INFORMATION By Stan Skrzeszewski Maureen Cubberley April 3, 1995 Canada's Coalition for Public Information Steering Committee John Anderson, Co-ordinator of the Ontario Federation of Labour's Technology Adjustment Research Program Project Wendy Brown, CEO, Peterborough Public Library Barbara Clubb Director, Libraries and Community Information Branch of the Ministry of Culture, Tourism and Recreation Maureen Cubberley, Deputy Director, The Ontario Library Association Michael Dekoven, Co-chair of Information Resources Committee for the Toronto Freenet Ron Dyck, Ontario Library and Information Technology Association Gail Dykstra, Director of Public and Government Relations, Micromedia Garth Graham, representing Telecommunities Canada Liz Hoffman (Chair), Ombudsperson, University of Toronto Bill Hushion, Senior Vice President of McClelland & Stewart Rosemary Kavanagh, Executive Director of CNIB Library Elizabeth Kerr, Consultant, Northumberland/Newcastle Board of Education Serge Lavoie, Executive Director, Association of Community Information Centres in Ontario Richard Malinski, University Librarian, Ryerson Polytechnical University Mary Jane Quinn, Research/Administrative Assistant, Canada's Coalition for Public Information Tom Riley, Riley Information Services Stan Skrzeszewski, CEO, Canada's Coalition For Public Information and Principal, ASM Consultants Fred Wardle, President Canadian Almanac and Directory and Chair, Intellectual Property Committee, Canadian Book Publishers Council. CONTENTS 1. Introduction 2. A National Vision 3. What is the Information Highway? 4. The Benefits and Risks of the Information Highway? 5. Strategic Tools Available to Government 6. Belief Statements and Strategies 7. Primary Principles I. Universal Access and Ubiquity II. Pluralism of Expression and Intellectual Freedom III. The Right to Privacy IV. Intellectual Property and Copyright V. Employment and the Quality of Work. 8. Social Impacts VI. Economic Growth/Competitiveness VII. Increased Productivity. VIII. Enhanced Quality of Life IX. Canadian Content and Sovereignty 9. Applications X. Electronic Commerce XI. Life-Long Learning XII. Health Care XIII. Government services XIV. Civic networking 10. Connectivity XV. Interconnection XVI. Interoperability XVII. International/global connectivity 11. Conclusion 12. Consultations .1 Public Consultation Meetings .2 Individual Contributors .3 Research Documents 1. INTRODUCTION This document presents the results of the public consultations held across Canada from September 1994 to March 1995 by Canada's Coalition for Public Information. In some areas, the detail and level of discussion was substantial, highly informed and impressive. Other sections of the report reflect lower levels of awareness, and is some cases, lower levels of interest on the part of the general public. This document is, therefore, an accurate representation of the input gathered through the public consultation process. As such its purpose is to present the public's recommendations for a public policy framework for the development of Canada's information highway. The public needs a voice in the debates about how all Canadians can connect to the information highway, what the cost is, what kind of information is available and which rules apply. That is why the Coalition for Public Information was formed, and that is why this report is important. It reflects a Canadian vision of the potential of the information highway and it identifies strategies by which this vision can be attained. Many individuals, and community and public organizations are concerned that current and future government policies and regulations will impede or reduce public participation in Canadian society at a time when just the opposite needs to happen, and when that enhanced participation can be enabled by access to the information highway. As well as the developers, service providers and legislators who are already involved, members of the public need to formulate their own visions and participate actively in shaping Canada's emerging information and communication infrastructures. Canada's Coalition for Public Information (CPI) was formed in November of 1993 in order to ensure that the developing information infrastructure in Canada, the "Information Highway", serves the public interest, focuses on human communication, and provides universal access to information. A national organization, CPI's membership includes over three hundred individuals, organizations and public interest groups whose goal is to foster broad access to affordable, useable information and communication services and technology. 2. A NATIONAL VISION The Coalition believes that the Government of Canada must develop a national vision based on a commitment to universal access to, and participation in, the information and communication infrastructure. Current policies and directions are based on the values outlined in the Broadcasting Act and the Telecommunications Act, which relate to an industrial age model of television and telephone services. These acts do not reflect the new realities in these areas brought about by the transformational effect of the new information and communication technologies. A new vision is required supported by a national information access plan with a representative public body to oversee its implementation. This national vision should have at its core an enabling policy statement. The following could serve as the basis for such a statement. 1. A guarantee of the right of every individual to ready, effective, equitable and timely access to information in order to participate fully in the social, economic, political, educational, and cultural life of the country. 2. Recognition that the open flow of information is essential for the empowerment of individuals as full participants in a democracy, with all the inherent rights and responsibilities that participation requires. 3. Recognition that information in its artistic and practical forms is essential for the enrichment of the human spirit and that access to it will enhance the richness of the Canadian cultural experience. 4. Recognition that the open flow of information is critical for developing a society that is creative, innovative and entrepreneurial, and which can produce the wealth necessary to support an enriched social and cultural agenda. 5. Promotion of the development of and access to scientific, technological and business information as a means of promoting entrepreneurship. 6. Recognition that life-long learning and continued research is essential to the further social and economic development of Canada and Canadians. 7. A Guarantee of open, timely and unencumbered access to the information that is gathered and organized by government for the benefit of the people it serves. 8. Recognition that cost should not prevent universal access to a public information service. UNIVERSAL ACCESS AND PARTICIPATION All Canadians have the right to participate fully in Canadian society and democracy, and therefore have the right of universal access and to full participation in the information and communication infrastructure. The rights of access and participation can be enabled through the provision of single-party digital access lines in order to provide individuals with electronic access from their homes, schools, libraries, community networks and places of work, and centres of government to interactive communications, and information sources at the community level, across the country and globally. 3. What is the "Information Highway"? So far, what has been developed of the "information highway" is a network of computer networks. It enables users of all kinds of different computers to enhance their participation in society, to communicate with one another electronically, to share and transfer information, and to access databases and services. The technology of the information highway can be defined in the following ways: It is a result of the convergence of computing and communications technology, as applied in telephony, cable-tv, and the Internet. It will become a basic element of Canada's infrastructure, along with roads, rails, waterworks, telephone and other fundamental services. An integrated, seamless, high-speed, network of telephone, cable television, satellite and wireless communication systems. It will be composed of high bandwidth transmission capacity, open architecture incorporating distributed, interactive switching. (Some experts are predicting a 1000% increase in bandwidth capacity, at the same cost, by the year 2000) It will be interactive or bi-directional: voice, data, text, graphic and video communication will travel to and from the user. "Interactivity" is the most revolutionary aspect of the information highway. It will be inter-operable so that computer users can share files with others even if their computer systems are not the same. It will be a "Network of Networks" owned and operated by different service providers and content sources. The distributed nature of the network of networks means that there is no central authority and that the choice of connection rests with the user. It will be universally accessible within the community, by connecting to schools, businesses, libraries, hospitals and homes, and its services will span the globe. The foundation is in place for the information and communication infrastructure. How it will be used, governed, accessed, and funded is still being developed. As the information highway continues to develop, it will include more than computers as we know them as the means of linking up and communicating. Telephones and televisions, as well as computers, will link homes, businesses, schools, libraries, community networks, governments and other institutions to a wide range of interactive services, including those from the educational, social, cultural, and entertainment sectors. 4.The Benefits and Risks of the Information Highway. Much of what has been written to date about the emerging Canadian information infrastructure has focused on economic benefits. This is to be expected as large Canadian corporations continue to invest in the development of the infrastructure and position themselves to provide services or products, or both, over the networks. This is an important economic development for Canada. There is no doubt that a thriving, profitable business sector lays the foundation of any country's economic well-being. Nonetheless, the private sector has already begun referring to users of the information super highway as "customers", emphasizing the "product for sale" approach that drives their involvement. The Coalition for Public information recognizes the economic benefits in the development of information and communications technology. The Coalition also realizes, however, that there are potential benefits to the information highway that are not purely economic in nature. CPI believes that telecommunications and computing technology have the power and the potential to enhance the quality of life for all Canadians. Together, they can create new opportunities and better ways for people to communicate with each other. Here are some of the benefits: - Expanding everyone's opportunities for education and lifelong learning through the electronic delivery of elementary, secondary, college, university and special interest courses. - Bringing better and less expensive social services and health care to all Canadians, regardless of where they live. - Making it possible for governments at all levels to be more accessible and responsive to their constituents. -Enhancing the skills of the Canadian work force by training and re- training workers and managers in the technological skills required for information-intensive environments. - Allowing people with disabilities to have access to information and learning opportunities on the same basis as the general population. - Simplifying the ways in which Canadians access and use computer technologies, enabling the formation of "virtual communities" for the creation and sharing of information and ideas in all walks of life. - Renewing civic responsibility by relating people directly to social sector services through new modes of interactive communication. - Creating new ways of providing access to the vast collection of publicly-owned cultural resources that are in our museums, galleries, archives, cultural centres and libraries. - There is a further consideration, and this involves small business: In today's (and tomorrow's) knowledge-based economy, the most valuable resource is information and the capability for enhanced communication. The Coalition is working to ensure that this resource continues to be available to the individuals, organizations and importantly, those who currently fuel the economy, the small business sector. The current and future electronic information formats are not always easily accessible, yet without access, it is possible that an "electronic information monopoly" could exclude all but large business interests, thus crippling the ability of small business to gain and maintain a competitive edge. It is the CPI's stated objective to ensure that this does not happen. While there are benefits, some of the potential negative implications must not be overlooked. These include: - many jobs and services could be lost as the whole middle sector is replaced by direct delivery of services and goods to the home and the workplace. - virtual schools, libraries and other virtual services may replace actual services, without fully replicating the service. - jobs can be "wired" out of the country and done in cheaper labour markets. - telework and homework will rise but may not be accompanied by employment standards and union rights. 5.STRATEGIC TOOLS AVAILABLE TO GOVERNMENT In recommending a course of action for the Coalition to follow, it is important to take into account the tools that the government has at hand; legislation, regulation and policy, grant programs and a number of other options, and to become aware of the parameters within which those tools can be applied. The Coalition believes that Legislation and Regulations should: -prevent telephone or cable monopolies. -extend the concept of "universal service" to the information and communication infrastructure. -define public/private/social sector roles in the development, governance and operation of the information highway. .1 Legislation Within existing federal legislation, the following Acts, have particular significance in the development of the information highway: Access to Information Act Bank Act (1991) Broadcasting Act - regulates broadcasters and cable-tv through the CRTC. Assigns a cultural role to television and cable and subjects them to Canadian content rules. Cable companies and broadcast television companies are not required to provide third party suppliers with access to spare capacity. Competition Act/Bureau of Competition Policy Copyright Act Criminal Code The Privacy Act (1982) Radiocommunications Act - regulates use of the radio frequency (RF) spectrum. Telecommunications Act - regulates the major telecommunications carriers through the CRTC to protect consumer interest. Regulatory forbearance "requires the regulator when it concludes as a matter of act that there is, or will be, a sufficient level of competition to protect users, to refrain from regulation". (Janisch) Federal and Provincial Labour Codes and Employment Standards These acts can be used to update and change regulations to protect workers on the information highway. .2 International Agreements Canadian legislation and policies must consider international agreements which may constrain or direct our national agenda. NAFTA For example, NAFTA brings Canada's copyright legislation closer to US copyright legislation. OECD Guidelines The Canadian government has also adopted the "Guidelines on the Protection of Privacy and Transborder Flows of Personal Data" released by the Organization for Economic Co-Operation and Development in 1981. .3 Some Other Government Tools Tax Policies Grant programs should be re-focused to: -aid the private and public sectors in developing and demonstrating technologies -develop applications and services that will maximize the value to users in the fields of health care, education, libraries, manufacturing, provision of government services - aid development of network access in non-urban areas. Training Programs Training programs should be developed in order to yield the most benefit to the public as users of the information highway. Procurement Government should use its vast power of procurement to encourage technical developments and private sector contributions. Pilot Studies "Model User" pilot projects should be recommended which would expand the amount of information available to users provide electronic access through schools, libraries and other publicly-funded information providers, such as: National Library of Canada, CISTI, CBC, NFB, StatsCanada and other such information providers. 6. Belief Statements and Strategies The Coalition for Public Information believes that strategies should flow from basic principles in support of benefits, applications and connectivity. PRINCIPLES: Strategies are required to realize the primary principles. SOCIAL IMPACTS: Strategies are required in order to maximize the benefits of the information highway. APPLICATIONS: Strategies are required to develop and demonstrate applications. CONNECTIVITY: Strategies are required in order to maximize the ability of Canadian's to connect electronically across the country and around the world. 7. PRIMARY PRINCIPLES The Coalition believes that the development of Canada's information and communication infrastructure should be based on five primary principles. I. Universal Access and Ubiquity II. Freedom of Expression, Pluralism & Intellectual Freedom III. The Right to Privacy IV. Intellectual Property and Copyright V. Employment and the Quality of Work If these principles are used as the basis of the policies, strategies and action plans that build Canada's information highway, then the highway will serve as a much needed catalyst to economic growth. It will also be of value to the public and to the public interest. It will be an investment not only in Canada's business future, but in the future of Canada's people as well. I. UNIVERSAL ACCESS AND UBIQUITY The most critical and complex issue to be addressed is that of access to the emerging information and communication infrastructure. The principle of universality of access must form the basis for information policy. In a democratic society each individual has the basic right to information that allows him/her to participate effectively. It also recognizes that the maximum benefit from the information resource can only be achieved if it is allowed to flow freely and openly to each individual. .1 Universal Access and Ubiquity - Belief Statements. The Coalition believes that: .1 Cyberspace is public space. Spectrum and bandwidth are in the public domain. .2 Public and private resources must be allocated to the development of the information and communication infrastructure. The development of the infrastructure must not be left to market forces alone. .3 Access to basic services, including broadband and switched services, should be universal, that is, access should be affordable to all. This must include access for persons with disabilities. The extra costs of providing access to people with disabilities should be carried by society as a whole and not be borne by individuals with disabilities, at their personal expense. .4 Network access and connectivity should be made available regardless of geographic location. .5 Non-profit participation in the governance of the information highway is essential. .6 Diversity of access should be protected through the use of non-proprietary standards. .7 Network access costs for public funded information providers such as libraries, educational organizations, government entities and for non-profit groups should be stable, predictable and not distance sensitive. Public information providers must be subsidized. Access should be priced on a flat-rate basis. .8 The network should be designed to ensure ease of use, and must include effective interfaces and directories that allow effective searching and location of information. Ease of use includes technologies that allow those with disabilities with access to the infrastructure on the same basis as the general population. .2 Universal Access and Ubiquity - Strategies .1 A Commitment to Universal Access and Ubiquity. The Coalition recommends that the Government of Canada develop a national vision based on a commitment to ensuring that all Canadians, including those with a print handicap, are connected to the information and communication infrastructure. .2 Open Platform Service The Federal Government must pass legislation that will ensure that open platform service will be available to all Canadians. Open platform service is switched end-to-end digital telecommunications service that has the bandwidth to both send and receive multimedia information services. From the evidence of the rapid spread of the World Wide Web we believe that people will want and will use higher levels of interaction than are presently being planned. .2.1 ISDN ISDN is emerging as the successor to analog modems. ISDN is required to support some of the new graphical interfaces and to retrieve images through the Internet. Since the current infrastructure combined with expanded ISDN service can provide most of the digital information services without requiring high bandwidth cabling, the Coalition for Public Information recommends that regulations for infrastructure development for the information highway should provide incentives (eg.lower tariffs) for the proliferation of universal ISDN telephone service in advance or parallel to the proliferation of high bandwidth ATM fibre-optic services. .3 Affordability Affordable pricing policies must be established that support the concept of universal access and participation. It must be recognized that in some cases affordable may mean no fee. The Coalition recommends that pricing for network access and use must be set to encourage usage and not be distance or time sensitive. If based on bandwidth, pricing must not exclude people on low incomes. Equalized access to the information infrastructure must be included in the pricing policy. A fixed rate or flat rate, perhaps based on the bandwidth of the connection, not network usage, should be established as a standard for all except public institutions. (see .4) .4 A Public Lane The information highway must have a public lane accessible to everyone. A toll-free lane on the information highway should be provided for institutions, such as, schools, libraries, community networks, hospitals, by reserving 20% of the carrying capacity of future broadband networks for public use and civic participation. The recommendation submitted by Stentor that telephone companies should fund community television should be extended to cover the recommended 20% public reserve. The public lane would be governed by the National Access Board. .5 Training, Development and Research Foundation Universal access and participation will require broad-based training, an understanding of transformation issues, and ongoing support. Since the training program should be independent of government or corporate agendas, the Coalition for Public Information recommends that telecommunications and cable television companies be required to pay a one-time levy for the establishment of a public interest foundation whose mandate will be to support efforts which ensure universal access to the information highway through training, equipment purchases, technical consulting, research and foundation grants. These funds would be channelled through educational facilities, libraries, community networks, researchers, health care facilities, museums and not-for-profits. This foundation could be administered by the proposed National Access Board. A second option would be a universal service fund, based on a customer premise tax, a tax included in the price of appliances designed for net use. .6 Free Public Access Points - Public Libraries There are public libraries in almost every community in Canada. Public Libraries secure the basis of democracy by providing information and free library service to support informed decision making, life long learning and culture. Electronic information is a new, rapidly evolving and growing resource capable of helping to fulfil this mandate. People must have the right of mediated access to the information resources of the information highway, otherwise, the sheer volume and diversity of formats of information available will overwhelm the potential user. If libraries are to be providers of electronic information, then the issues of copyright in a digital age, and the cost of connecting libraries will have to be resolved. The Government of Canada must provide the appropriate policy and funding support to public libraries to ensure that they can fill their role as public access points. Federal Government funding should be targeted at providing equipment, connectivity, training, and the development of pilot projects for prototypes of the digital library. Pilot projects are also required to assess the viability of electronic depository distribution of government publications. Federal legislation and regulation must clarify copyright and intellectual property issues, particularly issues emerging around the new technology, such as the concept that electronic access equals reproduction. .7 Public Access Points - Community Networks or Freenets Thousands of Canadians are gaining hands-on experience of life in a knowledge society through membership in community networks. The Coalition recommends that the regulatory process should utilize the experience that this grassroots initiative provides as a means of assessing private sector plans to meet public needs. .8 Gender issues: Women are still under-represented in almost every aspect of computer culture, from programming to product design to use of the information infrastructure. The Coalition encourages the development of educational software and training material which is gender-sensitive, takes into account gender differences in learning styles, and avoids sex stereotyping. (Ollivier) The Coalition recommends the development of online gender issue information services. Such services could include listings of technology training and applications opportunities for women. The Coalition recommends the development of online harassment guidelines which would govern the use of the Internet by everyone who receives an Internet account. These guidelines would also include grievance procedures for complaints of sexual harassment. .9 People with Disabilities The information highway will enable people with disabilities to have access to information and learning opportunities on the same basis as the general population. Participation in the current information infrastructure has been next to impossible for blind Canadians and those with other impairments because so much information is driven by print. With the present trend toward captivating, eye-catching graphical displays, print- handicapped persons are once again facing serious obstacles accessing information which should be available to all. Such individuals must be assured equal access unencumbered by interfaces which are largely unusable, or which may only be reached through painstaking and time consuming adaptations. Digital information opens a new opportunity for people with disabilities for full participation and access. Therefore the Coalition for Public Information recommends that the information infrastructure be made accessible through a variety of access methods, including visual and sound methods, in order to ensure universal access for all. Further, The Coalition recommends that mandatory minimal technical standards be set for persons with disabilities; that costs for persons with disabilities to access the information highway not be greater than the cost to members of the general public to do so; and that the rates established for the information highway be developed in consideration of the lower economic status and potentially longer usage rate of persons with disabilities. .10 Access for People in Rural and Remote Areas. Canadians in rural and remote areas are concerned about access. Since it is unlikely that ISDN or ATM will penetrate rural and remote areas, and since CPI is committed to equitable and ubiquitous access, The Coalition for Public Information recommends that wireless technologies be considered in order to provide access to these areas. .11 Directories The usability of the system to access information will depend on indexing and directory services. The Coalition recommends that The Government of Canada develop strategies and financial support for the development of standards-based navigational and retrieval tools, including directories that will identify and locate information. .12 NATIONAL ACCESS BOARD The development of universal access and participation in the information and communication infrastructure in Canada will be a long term and evolutionary process. This process should be guided by a national board which will evaluate progress and develop strategies to achieve universal access and participation. Many of the recommendations made in this report could be referred to the National Access Board for implementation. It is important that the board be representative of the three main sectors of Canadian society. These are the government sector, the corporate or private sector, and the non-profit or social sector. This board could be attached to the CRTC or CANARIE, but it must be noted that neither of these bodies are fully representative of Canadian society. II. Freedom of Expression, Pluralism and Intellectual Freedom Our Canadian society is one of the most diverse in the world. Our cultural diversity is firmly rooted in our tolerance of the views of all Canadians, and in our commitment to human rights, including freedom of expression. .1 Freedom of Expression, Pluralism and Intellectual Freedom - Belief Statements. The Coalition believes that: .1 The Canadian information infrastructure should encourage the expression of the ideas of all Canadians, regardless of age, religion, race, ability or disability, sexual orientation, social and political views, national origin and economic status. .2 Those who will act as common carriers in the information infrastructure must guarantee the free flow of information in the spirit of Canada's Charter of Rights and Freedoms, and provide open access on a non- discriminatory basis. .3 Individuals should have the right to choose the information they wish to receive, and the source of that information. .4 A diversity of information sources and providers, including non-profit organizations and community groups, should be encouraged in order to guarantee an open and fair marketplace, with a full range of viewpoints. .5 These freedoms will be provided within the context of legal protection from "illegal information" and from the tyranny of majority opinion. .6 The individual should be protected from unwanted or unsolicited information, and from abuses of the information infrastructure. .2 Freedom of Expression, Pluralism and Intellectual Freedom - Strategies. Common carriers should not carry any liability for carrying controversial information and should be required to accept all users and not discriminate on the basis of content. .1 Eliminate the Legislative Distinctions Among Technologies. The continuing process of convergence is blurring the distinctions between the different information technologies, therefore the Coalition recommends that the distinctions in legislation and regulation about the different technologies be discontinued. This discontinuance must be conducted over a period of time to prevent any service disruptions, provide existing services with some time to adapt and to allow any new services an opportunity to prepare for the new opportunities. In recommending that the distinctions in legislation and regulation be discontinued the Coalition wants to ensure that the public interest objectives identified under the Broadcast Act be revised and enhanced and applied to telecommunications companies, if they are to be content providers as well as to broadcast companies. .2 Content Pluralism of expression and intellectual freedom are dependent on sufficient content being available to reflect a wide range of views. The Coalition recommends that the Government of Canada develop strategies for the rapid digitalization of government information sources and for the holdings in libraries. .3 Model Libraries The newness of the information infrastructure means that we lack models and experience of the new governance structures, collection management tools, access systems, and digitization processes and issues. The Coalition recommends that federal funding be provided to libraries to develop pilot projects that will define and create a digital library as a model for implementation across Canada. .4 The Question of Pornography Children and students, those under 18 years of age, should be protected from exposure to pornographic material. "Blocking systems" such as those currently available with satellite TV reception systems should be developed for all information highway media, thus leaving the "de-selection" of information in the hands of individual parents and guardians. III. The Right to Privacy While new telecommunication technologies can facilitate access to information and can support a wide variety of personal and commercial services and transactions, they can also create problems in the area of personal information, specifically in its collections, accuracy and use. As more people gain access to the information highway, there will be increased pressure to deal with issues that are central to maintaining every Canadian's right to privacy. .1 The Right to Privacy - Belief Statements The Coalition believes that: .1 Privacy should be carefully protected and the definition of information privacy should be extended to include the new categories of personal information inherent in electronic transactions such as e-mail and voice messaging. .2 Comprehensive policies should be developed to ensure that there are no exclusions to the right to privacy and that the privacy of all people is protected. .3 Personal data that is collected to provide a specific service should be limited to the minimum amount necessary to provide that specific service. .4 The sharing of data which is collected from individuals should be permitted only with the individual's informed consent. .5 Individuals should have the right to inspect and correct data files about themselves. .6 Transaction data should be confidential. Law enforcement officials should be required to obtain a court-approved search warrant or subpoena before transaction data can be disclosed. .7 Protection from unreasonable amounts of unsolicited information must be ensured. .2 The Right to Privacy - Strategies Federal Legislation: Governments have a responsibility to assume the role of privacy regulator on the information highway, based on the protection of privacy rights through privacy protection legislation covering all formats. New federal legislation is required to define the extent of privacy protection, which must go beyond individual rights with respect to government to include individual rights with respect to other individuals and corporations. The Quebec Act is a good starting point. The collection, retention, use and disclosure of personal information on the information highway should be governed by policies and procedures based on fair information practices, established in law. The data protection framework established in law should incorporate general principles of fair information practices setting minimum standards in the following areas: Collection: The collection of personal information should be limited to that which is necessary to support current or planned activities. The purpose of the collection should be clearly specified, and made clear to the individual, before or at the time of collection. Personal information should be collected with the knowledge and consent of the individual to whom it relates or where there is legal authority to do so. It should also be collected directly from the individual to whom it relates, except where inappropriate (e.g., law enforcement, national security, or medical reasons). Use and Disclosure: Without the individual's informed consent or other legal authority, personal information should only be used and disclosed for the purpose for which it was collected, or for a consistent purpose. Personal information should not be used and disclosed unless it is accurate and up-to-date. Access and Correction: Individuals should have the right to access and correct personal information which relates to them. Where there is a dispute about the accuracy of the information, a note detailing any discrepancies should accompany the information. Notification: Whenever personal information is collected, the individual should be informed of the following: 1. what information is being collected and why; 2. the legal authority for the collection, if relevant; 3. how the information will be used and disclosed; 4. whether the provision of information is voluntary or mandatory; 5. the consequences of providing or withholding the requested information; and 6. whom to contact with questions about the collection, use or disclosure of the information. If the personal information will be collected indirectly from another source, the individual should still be informed about the collection, where possible. Notification should include a description of the sources of the information and the reason for using indirect sources. The Costs of Privacy: Information technologies or services on the information highway that threaten to compromise privacy should be accompanied by appropriate measures to maintain privacy at no additional cost to the individual. Advances in new information technologies and services should not be implemented at the expense of diminished privacy. At a minimum, individuals should be able to maintain the level of privacy that existed prior to implementation of a new technology or service. Those who plan to introduce new information technologies and services should bear the responsibility for ensuring that individuals are provided with the means for maintaining privacy at no extra cost. Public Education and Training: Public education and training should be provided about any security/privacy issues surrounding the use of the information highway. With the use of new information technologies individuals must be fully informed of their rights and they must be made aware of the circumstances that could arise around these technologies. Those who plan to introduce services on the information highway should bear the responsibility of informing the public about any privacy issues, and any steps that individuals can take to maintain the existing level of privacy. In addition, privacy and security issues should be incorporated into other general educational programs on the information highway by service providers. Enforcement and Redress: A means should be established to handle complaints and to provide redress for improper use of personal information. While there is no way to restore privacy once personal information has been improperly used, a means is essential to ensure that the improper collection, retention, use and disclosure of personal information does not occur without consequence. For example, penalties should be imposed to minimize the likelihood of future violations of fair information practices. A system should be introduced to compensate those who suffer harm as a result of the improper collection, retention, use and disclosure of personal information. To encourage compliance with a common code of fair information practices, an independent means to handle complaints and, where appropriate, to impose penalties and award damages for improper use of personal information, should be established. Privacy Impact Assessments: (Riley) Public input during the planning and implementation phases of major public personal information systems is critical to the success of the system. Therefore, a privacy impact assessment should be conducted by an independent privacy authority and made available for public comment. IV. Intellectual Property and Copyright The electronic, digital environment is emerging as a medium for the creation, storage and distribution of information. Unlike books and other sources of print-on-paper information, the new technology allows for information to be transferred from computer-to-computer, and to be manipulated with ease. .1 Intellectual Property and Copyright - Belief Statements The Coalition believes that: .1 Intellectual property rights and protection apply uniformly, regardless of the form of publication or distribution. .2 The intellectual property system should ensure a fair and equitable balance between rights of creators and other copyright owners and the needs of users. .3 Fair dealing, as well as exceptions to owners' rights in the copyright law, should continue in the electronic network environment. .4 Compensation systems must provide a fair and reasonable return to copyright owners. .2 Intellectual Property and Copyright - Strategies .1 Support Phase II Reforms The Coalition supports Phase II reforms to Bill C-60 that will include limited exemptions for library and educational users and the continuation of the "fair dealing" defense in the Copyright Act. .2 Centralized Registry Since the new information technologies will enable many individuals and groups to publish or market their own materials, and since the material distributed on the information highway can be easily manipulated, copied or changed, the Coalition recommends that a centralized registry of copyrighted services and publications be established as an Internet host to which individuals and groups could automatically register and update copyright statements. .3 Quality/Integrity of Information The electronic, digital environment is emerging as a medium for the creation, storage and distribution of information. Unlike books and other sources of print-on-paper information, the new technology allows for information to be transferred from computer-to-computer, and to be manipulated or altered with ease. .4 The government must prepare clear and fair enforcement of intellectual property rights as an incentive to private investment. In terms of specific technologies that can ensure the integrity of documents the Coalition has adopted the following positions: .1 Encryption: Government and industry must encourage system designers to develop and adopt encryption standards in order to ensure the security and privacy of electronic communications. The Coalition opposes the adoption of government key-escrow based standards, such as, the Clipper chip (government-escrowed back doors). .2 Smart Cards The Coalition supports the use of smart card technology since it removes the need for all personal information to be in centralized databases. .3 Digital Cash The Coalition supports the development of digital cash as one way to reduce the opportunity for computer fraud. .4 Public Education The issue of copyright rarely came up during the public consultation process and when it did it was in the most general of terms. An informed debate on an issue cannot occur when the public itself is not well versed on the issue. CPI supports the recommendation in the "Preliminary Report of the Copyright SubCommittee" that "users and creators must assume greater responsibility for informing themselves on copyright and the application of various rights in a digital world". The Coalition recommends that the federal government and industry undertake a public education campaign to better inform both users and creators about the use of copyright. Specifically the public must be informed on: * how to use copyrighted works responsibly, * what constitutes a copyright, * how to copyright a work, * what constitutes "fair dealing", * how to compensate a copyright owner. V. Employment and the Quality of Work. .1 Employment and the Quality of Work - Belief Statements The new world of electronic communication systems will have a dramatic effect on the world of work. Homework, telework and contract work and all forms of flexible work are on the increase. Jobs may be lost as new ways of distributing information results in the closing of traditional methods of providing information currently employed in libraries, newspapers, community television as well as traditional offices, retail outlets and financial institutions. The Coalition believes that : .1 Employment must not be sacrificed in favour of new technology systems simply for short economic gain. .2 Where jobs will be lost because of the new technologies, new job opportunities must be created, and training and adjustment assured for those whose jobs have been eliminated or radically changed. .3 Revisions to employment standards legislation, along with the extension of union rights, to cover new working environments, such as telework or work in cyberspace, must be introduced. .4 Individuals, and the communities they make up, must have an opportunity to choose, what, when and if new technologies are going to be used with services such as, education, health and government. New technologies must not be introduced without due and informed consultation. .2 Employment and Quality of Work - Strategies. The Government should provide incentives to the public and private sectors to support training and retraining of workers and managers in the technological skills required for information-intensive environments. Industry, labour, and government should work together to link all plants, factories and other workplaces, industrial and non-industrial, to the information highway in order to provide direct access to information services for Canadian workers. 8. Social Impacts The coming of the information highway will have a major impact on society, much of which is not yet understood. Strategies are required for maximizing the benefits of the information highway. VI. Economic Growth/Competitiveness In open and distributed information and communication systems both the choice and the responsibility for action is transferred to the individual. The Coalition supports a competitive model for information highway development. A competitive approach requires the removal of legislative and regulatory impediments, such as line of business restrictions, currently imposed on cable and telephone companies. It requires a shift away from a regulation to greater reliance on competition law and policy. This shift must be phased in to allow for a level playing field for all participants, including established firms and new entrants. The Coalition supports a 3-4 year phase-in period. However, this phased in approach cannot be uniformly applied. In some jurisdictions, where the major providers agree, this phasing-in process should be fast-tracked. Immediate access to information is critical to business success. In particular information on census demographics is useful to designing marketing strategies. Information on patents awarded or pending is useful in determining whether an idea is really commercially viable and whether it is already in the marketplace. Immediate access to export development strategies would enable Canadian firms to have a head start on the competition. Small business needs access to training on the use and potential of the information highway and funds for expansion onto the information highway. In particular, small business needs to know how to express themselves and communicate in this environment. Governments should provide an attractive investment climate for information-related, high-technology development, including initiating capital spending on the creation of publicly accessible information networks. VII. Increased Productivity. Productivity gains brought about by information technology should be shared with those producing the gains. This gain is best expressed by a shorter work week. Government policies should work toward reductions in the work week and should mitigate against the increased working time many Canadians are facing due to total and unending connectivity brought about by the new information technologies. VIII. Enhanced Quality of Life. Preferential rates should be established for institutions, such as schools, libraries, hospitals and community networks. These rates could be supported through a reserve fund or universal service fund, based on a percentage of corporate profit, or a customer equipment tax. The information highway enables telecommuting and home-based enterprise. Strategies must be developed to protect the home environment and individual liberty from work invasion. There is a need for an environmental assessment of the emerging information economy and its social and political impact. At the moment most of the decisions about the information highway are being made by a small corporate and technological elite. The Coalition recommends that Governments ensure that ongoing monitoring, analysis and evaluations of the social, economic and political impact of the new information technologies are carried out. The Coalition supports initiatives such as the one put forth by Statistics Canada Culture Statistics Program, which is currently trying to secure funds for a research program on aspects of the emerging information environment. The Social Sciences and Humanities Research Council (SSHRC) should fund academic research on the information highway. The Coalition is currently engaged as a partner in such a proposal with the Faculty of Information Science, University of Toronto. IX. Canadian Content and Sovereignty In a national political context, the knowledge which we, as Canadians, have of each other, our regions and our diverse cultures forms a critical component of our collective identity. To strengthen Canada, "we must deepen our understanding of ourselves, of our shared history and culture." (The Spicer Commission Report, Citizens' Forum of Canada's Future). There is no doubt that Canadians have a unique way of seeing themselves, their communities and the world. This vision is expressed and strengthened each time it is relayed in print, in broadcast media, on stage or in some other creative expression. The information conveyed reflects both a personal and collective viewpoint, a heritage, a history. Electronic data also convey a particular vision of things above and beyond the bits of information themselves. If we come to rely on non-Canadian sources for electronic information, we will lose one way of communicating our own vision. The Coalition believes that government policies and mechanisms, including government procurement of Canadian database products, must facilitate strengthening Canada's electronic data-base industry and the other information services that continue to convey our vision of ourselves. Government's cultural policies should support the digitization of Canadian cultural products. In a communications environment where every Canadian can be a broadcaster, adequate levels of Canadian content can be ensured by enabling every Canadian to make and provide their own content. As capacity on the information highway increases, the CRTC must adopt a more flexible and quicker approval process for new services, without waiting for profit guarantees or cable acceptance. Greater freedom must be given to the marketplace. The Coalition supports the concept that the major carriers, such as the telco's and cable, must contribute funds to support the development of Canadian programming and content. 9. Applications Strategies for developing and demonstrating applications: X. Electronic Commerce Electronic commerce includes electronic bidding and procurement, payment and revenue collection. Electronic commerce will need greater bandwidth than Freenets can provide for large businesses, but for small business freenets may be the only effective solution and a very good way to gain first hand experience. Electronic commerce will require the development of standards supporting such developments as EDI (Electronic Dissemination of Information) which is increasingly important in such areas as "just-in-time" distribution. Standards could be developed through regulations or cooperative efforts on an industry by industry basis. XI. Life-Long Learning Canada's information infrastructure must strengthen our culture of life- long learning. The information infrastructure should include a national system of networks that will provide the basis for life-long learning beginning in the classroom, through a person's career and into retirement. Furthermore, every student should be able to log on to the internet from networked stations in their schools, colleges and universities. Life-long learning encompasses enhanced distance education, and the ability to hire the best teachers without regard to geography, distance, resources or disability. Strategies: Reduced rates for network access should be established for educational institutions. They could be subsidized by charges for private sector agencies or the private sector could voluntarily subsidize network access for educational institutions where a particular industry sees a benefit from encouraging research or education. The Federal and Provincial governments should continue to develop programs that will accelerate the deployment of the necessary computer hardware and software applications in schools, colleges, libraries and technical institutes across Canada. Governments should initiate a feasibility study on the development of a "virtual" university. XII. Health Care Health care institutions must be connected to the information infrastructure as quickly as possible. Connectivity could be provided through the proposed public lane or by providing special rates or direct subsidies. XIII. Government Services. Governments must take on a direct role in actively disseminating government information. Governments have a responsibility to ensure that the right of the electorate to information, so as to produce an informed electorate, is maintained and enhanced through the new information technologies. Governments must strengthen and clarify depository services in a digital environment. Government information must be made available to the public through free distribution to a system of depository libraries and community networks. All legislation and legislative records must be available free on-line on a 24-hour-a-day basis to anyone with access to the Internet. The public must be guaranteed access to the on-line system through gateways and public computer services located in the network of depository libraries. Governments should establish a legislated contract compliance program that will ensure that all hardware, software, and information services purchased by governments, or developed using government funding, are accessible to persons with disabilities. XIV. Civic Networking Municipalities must establish networks that link with other municipalities in order to exchange and share information. Governments should establish funding support programs to assist community-based non-profits and municipal organizations in establishing coordinated approaches to developing community networks or FreeNets as one of the building blocks of the information and communication infrastructure. 10. Connectivity Strategies are required in order to maximize the ability of Canadian's to connect electronically across the country and around the world. XV. Interconnection The Coalition supports government policies that will lead to the regrouping and interconnection of cable systems. The facilities of cable licenses beyond that used by the licensee for the carriage of broadcasting services should be made available for lease, resale, and sharing by service carriers on a non-discriminatory basis. The Coalition opposes the adoption of government key-escrow based standards, such as, the Clipper chip (government-escrowed back doors). The Coalition does support the development of a standard of data encryption based on triple-DES, a strengthened and upgraded form of DES (Data Encryption Standard), which represents an already accepted standard which has been tested, as an immediate short term solution. Another option is "Pretty Good Privacy" an effective and inexpensive encryption program, which is a de-facto North-American standard. XVI. Interoperability Interoperability between the diverse networks that will make up the information highway in Canada is essential. Maximum connectivity between users will enable the information highway to enhance Canadian competitiveness. The best way to ensure interoperability is to utilize open system interfaces based on International Standards. The Coalition supports the development of interoperability between cable and telecommunications carriers. XVII. International/global connectivity. Global connectivity will provide the opportunity for Canadians to develop new ideas and innovations through global communications and will expand the market for Canada's world-class programming and various cultural products. In developing legislation and policies to support access, intellectual property, freedom of expression and privacy Governments must look globally, as well as locally, in determining the impact of such measures. 11. Conclusion. The convergence of telephony, cable and information and communications- based computing will have a transformational effect on society that will be greater than that brought on by the introduction of television or cable. Therefore it is critical that the public be engaged in public policy discussions. The public must have the opportunity to gain greater understanding of the impact, and greater awareness of the potential of the information highway, if an informed discussion is to take place. Governments, industry, labour and special interest groups must join together to help all Canadians reap the benefits of the information age. The Coalition recommends that all parties develop broad-based public awareness and education campaigns. Canada's Coalition for Public Information is committed to working with Canadians to ensure that the move to the information age and the knowledge-economy is successful and benefits all of us. The Coalition will continue to facilitate the development of future knowledge to make it so. 12. Consultations .1 Public Consultation Meetings and Information Sessions April 12, 1994. "A Policy Agenda for Universal Access" Ottawa, Thunder Bay, Toronto, Ontario. Speakers: Tom Wright, Ontario Information and Privacy Commissioner Dennis Mills, MP Broadview-Greenwood Peter Gillis Michael Williamson, National Library of Canada November 22, 1995. Canadian Association of Special Libraries and Information Services - Toronto Chapter. Toronto, Ontario. Speakers: Liz Hoffman, IHAC/CPI Stan Skrzeszewski, CPI Maureen Cubberley, CPI November 24, 1994. The McLuhan Program in Culture and Technology. "Grass Roots Consultation on the Information Highway". Toronto, Ontario. November 29, 1995. "Technology Adjustment Research Program, Ontario Federation of Labour". Toronto, Ontario. Speakers: Maureen Cubberley, CPI Sam Sternberg, Andrew Clement, Faculty of Information Studies, U.of T. December 6, 1994. "The Future of Libraries". Health Sciences Library, McMaster University, Hamilton. December 13, 1994. "Implications of the Commercialization of the Global Networks". Senate Chambers, University of Manitoba. Speakers: Larry Geller, Searden Community Network January 25, 1995. "Information Highway: People's Consultation". London, Ontario. Speakers: Margaret Ann Wilkinson, Faculties of Law and Library and Information Science. Ray Hazzan, Graduate School of Journalism. Dr. Edward Medzon, Inter-Com Information Services. January 26, 1995. Canadian Book Publishers' Council Annual Meeting - Copyright Forum. Toronto, Ontario. Speakers: Gail Dykstra, Micromedia Danielle Bouvet, Corporate Governance, Industry Canada Maureen Cubberley, CPI Andrew Martin, Cancopy Stuart Robertson, CBPC Copyright Legal Counsel January 30, 1995. "A Public Discussion on the Information Highway: More then Movies on Demand?" Palmerston Branch, Toronto Public Library. Speakers: Howard Weinroth, Forest Hill Collegiate Institute Michael DeKoven, Toronto Public Library Marcia Olmsted, Marcia Olmsted and Associates March 2, 1995. Red Deer College, Alberta Speakers: Dick Pawloff, Red Deer Public School Board Margaret Law, Parkland Regional Library Cliff Soper, Red Deer College Alan Chan, Red Deer Public Library Board Joe McLaughlin, The Red Deer Advocate March 6, 1995. "The Information Highway Comes to Regina". Regina Public Library, Saskatchewan. Speakers: Ken Jensen, Chief Librarian, Regina Public Library Bob Greenfield, Great Plains FreeNet Georgina Heselton, Council of Canadians with Disabilities Bob McDonald, Lawyer .2 Individual Contributors John Anderson, Ontario Federation of Labour Jim Armstrong, Southern Ontario Library Service Pierre Belanger, University of Ottawa Cheryl Buchwald, Faculty of Information Studies, University of Toronto Jo Churcher, Toronto Barbara Clubb, Ontario Ministry of Culture, Tourism and Recreation. Stephen Cummings, St. Thomas Public Library Dan Dorner, Graduate School of Library and Information Science, UWO Ron Dyck, Etobicoke Public Library Gail Dykstra, Micromedia Ltd. Nancy Fleming, Canadian Copyright Institute Brian Foran, Office of the Privacy Commissioner of Canada Clyde Forrest, Victoria, British Columbia Dean Frey, Red Deer Public Library, Alberta Irwin Glasberg, Assistant Commissioner, Information and Privacy Commissioner/Ontario Garth Graham, Ottawa Jean-Claude Guedon, Universite de Montreal Georgina Heselton, Council of Canadians with Disabilities Eric Huure, Forevergreen Productions Liss Jeffrey, McLuhan Program in Culture and Technology Theresa Johnson, Public Service Alliance of Canada David Jones, McMaster University & Electronic Frontier Canada Syd Jones, Metro Toronto Reference Library Rosemary Kavanagh, Canadian Institute for the Blind Gina La Force, Markham Public Libraries Andrew Love, Nepean Marita Moll, Public Advisory Council on Information Highway Policy Michele Ollivier, Canadian Action Committee on the Status of Women Tom Riley, Riley Information Services Luke Sather, Saskatchewan Jean Sebastian, Montreal Leslie Regan Shade, McGill University Sid Schniad, Telecommunications Workers Union, Burnaby, British Columbia Grazyna Stepien-Clark, Electronic Village Colin Williams, Toronto Margaret Williams, Toronto Michael Williamson, National Library of Canada Shawn W. Yerxa, Public Advisory Council on Information Highway Policy .3 Research Documents Access and Privacy Principles. A report prepared by the Information and Privacy Commissioner/Ontario for the Coalition for Public Information, October, 1994. Angus, Elisabeth & Duncan McKie. Canada's Information Highway: Services, Access and Affordability. Industry Canada, May, 1994. Council of Canadians with Disabilities. Submission to Information Highway Advisory Council. March 3, 1995. Information and Telecommunications Access Principles. Canadian Library Association. June 18, 1994 Janisch, Hudson N. Recasting Regulation for a New Tele-Communications Era. Policy Options, 1994. O'Connor, Barbara. Universal Service and the National Information Infrastructure. The Alliance for Public Technology. February 1, 1994. Ollivier, Michele. Learning and Training on the Information Highway. (Electronic File received February 13, 1995). Principles for the Development of the National Information Infrastructure. Chicago, American Library Association, 1993. Socio-Economic Implications of a British Columbia Information Highway: Summary Report. The Telecommunications Workers' Union of British Columbia, November 18, 1994.