The CRTC retreated from an indefensible position today. It will not attempt to regulate an Internet content company. It told Netflix that their comments are being struck from the record and that the Commission can decide the future of Canadian television without their participation. The letter is sniffy and tries to make it look like Netflix was rude, but the substance is that the CRTC is backing off the threat of ordering them to provide data.
I do not know whether to congratulate them for doing getting off a losing position so quickly, or reproach them for getting into trouble in the first place. On balance, Canadians who understand the issue appreciate that the war has been called off. If I were the Chairman of the CRTC, I might like to review the legal advice I was receiving about whether the Commission can regulate the Internet as “broadcasting”, and if I were acting as my own chief legal counsel, I would remind myself about the perils of a lawyer representing himself.