How can Netflix be described as a broadcaster? If I start serving streaming video to Canadians from my home do I suddenly fall under CRTC jurisdiction?
Getting to the root of your first question, the CRTC deems that any media delivered to residents of Canada (i.e. on Canadian soil) is within their jurisdiction. I believe most regulatory bodies operate on similar "boundaries" (e.g. United States FCC), other than maritime bodies that need to delineate a 12-mile radius from their coastline to make the distinction between "territorial" vs. "international" waters[3].
EDIT: If you happen to stream content to a private audience, I think you'd be exempt just because you're too small of a target to go after. But if you tried to scale your Canadian streaming operation up, you'll probably run afoul of the CRTC without obtaining either a license or at least applying for an exemption. IANAL.
[1] http://www.crtc.gc.ca/eng/archive/1999/PB99-197.htm
[2] https://en.wikipedia.org/wiki/Canadian_Radio-television_and_...
No. The FCC only has jurisdiction over broadband delivery (very limited, is working to expand on this to ensure better service quality through the country), telephone, and over the air programming through its regulation of the RF spectrum.
What the hell Canada!
National Inferiority Complex. The Canadian content laws are bullshit anyway.
Your tone will cause you to get downvoted, but there is a certain amount of truth to what you're saying. I think that some people here like to try to define themselves by how they are not American. Cancon exists, by and large, to stem the fears of a cultural invasion from south of the border. But I think this is the fear of a vocal minority.
I'd contend that most Canadians don't seem to care about this when it comes time to make their choices as to what they'll watch. Most of the highly-rated television shows are American-made, even if they're being shown on CTV, Global, etc. Only hockey and news seem to be the exceptions. Add Netflix to this, and I think it shows that Canadians want to consume US content, and aren't worried about the alleged consequences.
Americans don't need Cancon-type laws because they're the dominate culture. Smaller cultures like Canada need to be protected so that they may be allowed to develop. For example, numerous musical acts in Canada could never have existed if the government didn't fund them and give them a market to grow in.
Americans don't force their content on us. The irony is that our own regulatory bodies are the ones seeking to force something on us that we don't seem to want.
>Smaller cultures like Canada need to be protected so that they may be allowed to develop.
Protected from whom? Themselves, apparently. It is, after all, Canadians who seem to be welcoming American content with open arms. They've shown exactly what they want, via their daily decisions of which kinds of media to consume. And this is even with their options artificially limited by entities like the CRTC.
That's absurd. And it implies extreme mediocrity of Canadian culture, which is also absurd.
As though the 35 million people in Canada aren't going to support local musical talent, from Vancouver to Toronto. They're not primarily going to drive eight hours to NYC and support local American talent or three hours to Seattle instead of going to local festivals or concerts.
The government can only harm the situation by subsidizing terrible products that have almost no demand, to the detriment - no matter how slight - of better products that would thrive without subsidy.
It's in the nature of bureaucracies to attempt to expand their jurisdiction as far as the law will allow and, when a grey area exists, to err on the side of overreaching until they're specifically told they do not have jurisdiction.