Law Bytes

Michael Geist

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In recent years the intersection between law, technology, and policy has exploded as digital policy has become a mainstream concern in Canada and around the world. This podcast explores digital policies in conversations with people studying the legal and policy challenges, set the rules, or are experts in the field. It provides a Canadian perspective, but since the internet is global, examining international developments and Canada’s role in shaping global digital policy is be an important part of the story. Lawbytes is hosted by Michael Geist, a law professor at the University of Ottawa, where he holds the Canada Re...

Episode 228: Kumanan Wilson on Why Canadian Health Data Requires Stronger Privacy Protection in the Trump Era

The craziness of the Trump administration relationship with Canada was on full display this past week as seemingly every day involved some form of policy change on tariffs – first on, then slightly delayed for some goods, then slightly delayed for more goods and by week’s end threats of new tariffs. Given the uncertainty, I recently co-wrote an op-ed in the Globe and Mail together with Dr. Kumanan Wilson that sought to put the spotlight on another issue that could come to the fore if the economi

Mar 10, • 26:39

Episode 227: Tara Henley on How to Save the CBC

Debates over the role and future of the CBC are seemingly about as old as the CBC itself. Those debates have become increasingly fractious in recent years as some see the public broadcaster as essential to Canadian culture and to address concerns about misinformation, while other insist it is hopelessly biased, outdated, and a threat to marketplace competition. Tara Henley is a Canadian writer, journalist and podcaster who spent years at the CBC. Several years ago, she quit the CBC in very publi

Mar 3, • 32:49

Episode 226: Richard Gold on Why Canada Should Target U.S. Patents To Help Counter Tariff Trade Pressure

The trade battle between Canada and the U.S. took a brief break last week as hours before the Trump tariffs were scheduled to take effect, President Trump agreed to a 30 day delay in return for various border measures. That brought a sigh of relief but no real sense that the issue is over. Indeed, quite the opposite – as future battles over tariffs and other measures appear very likely. Professor Richard Gold of McGill University’s Faculty of Law specializes in intellectual property. On last wee

Feb 10, • 25:43

Episode 225: How Canada Can Leverage Digital Policy to Retaliate Against Trump’s Tariffs

Canada now finds itself in economic war with the United States as President Donald Trump has levied a 25% tariff on all Canadian goods (10% for energy), which are scheduled to start on Tuesday. In response, Canada will levy retaliatory tariffs valued at $155 billion with $30 billion coming this week and another $125 billion in several weeks time. It is seemingly impossible to make sense of this deliberate targeting of an ally and claims this is linked to fentanyl that crosses the Canadian borde

Feb 3, • 21:09

Episode 224: Why Prorogation and Donald Trump Spell the End of an Era in Canadian Digital Policy

A lot has happened over the past six weeks since the last Law Bytes episode that provided a year-end review. TikTok briefly went offline in the U.S., Meta changed its content moderation policies in a major shift designed to curry favour with Donald Trump, Amazon announced it is laying off all of its Quebec-based employees, and Bell obtained an expansive court blocking order covering copycat sites to name just a few developments. Future episodes will dive into these issues but for the moment, the

Jan 27, • 22:34

Episode 223: The Year in Canadian Digital Law and Policy

Canadian digital law and policy in 2024 featured the long-delayed online harms bill, controversial implementation of streaming and online news legislation, as well as a myriad of notable copyright, AI, and privacy court cases. Government legislation stalled in the House of Commons, but with trade battles over a digital services tax, a competition case against Google, and plans to kick TikTok out of the country, there were no shortage of high profile issues. For this final Law Bytes podcast of 20

Dec 16, 2024 • 33:41

Episode 222: Robert Diab on Canadian Media’s Copyright Lawsuit Against OpenAI

Canada’s largest media companies came together recently to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. I wrote about the suit, suggesting that the primary motivation behind the suit was likely the hope to kickstart settlement discussions with the hope of a licence. Robert Diab, a law professor at Thompson Rivers University, raised similar thoughts in his own piece on the lawsuit. Robert joins the Law Bytes podcast to discuss the case and its implications for copy

Dec 9, 2024 • 41:39

Episode 221: Inside My Canadian Heritage Committee Appearance on Freedom of Expression

The Standing Committee on Canadian Heritage has for the past month been conducting a study on protecting freedom of expression. The counters of the study aren’t entirely clear. In fact, after I was invited to appear, I asked for some sense of what the committee was looking to address. There wasn’t much detail, which has really left it open for witnesses to cover whatever issues they like.  I chose to focus my time on two issues: the expression implications of Canadian digital policy and the chil

Dec 2, 2024 • 37:11

Episode 220: Marina Pavlović on the CRTC’s Plans to Address Consumer Frustration Over Wireless Contracts

Consumer frustration with just about everything associated with Canadian communications services is well known. The list of concerns is long: high prices, contracts that lock in consumers but not providers, gaming prices to make comparison shopping difficult, and confusing consumer codes among them. As politicians have begun to take notice, the CRTC has suddenly become more active with several consultations and new consumer focused initiatives.   My colleague Marina Pavlović, a law professor at

Nov 25, 2024 • 30:24

Episode 219: Scott Benzie on What the Corporate TikTok Ban Means For Canadian Digital Creators

The recent announcement of a Canadian government decision to ban the corporate offices of TikTok but leave the app untouched has left many puzzled since the approach may actually make matters worse. The potential privacy and security risks associated with the app will remain but the ability to hold the company accountable will be weakened. While the government has downplayed the impact of the decision, the reality is that a TikTok exit from Canada will have an impact on Canadian digital creator

Nov 18, 2024 • 27:54

Episode 218: Emily Laidlaw and Taylor Owen on Saving the Online Harms Act

The Online Harms Act or Bill C-63 was introduced last February after years of false starts, public consultations, and debates. Months later, the bill appears to be stalled in the House of Commons and has yet to make it to committee for further study. Some view that as a win, given their criticism of the bill, though others who have waited years for action against online harms are beginning to fear that the Parliamentary clock is working against them. Emily Laidlaw, the Canada Research Chair in C

Nov 4, 2024 • 40:35

Episode 217: David Fraser on the Privacy Implications of the Federal Court of Appeal’s Facebook Ruling

It has been many years since the Facebook and Cambridge Analytica privacy scandal captured headlines. The services at the heart of the case no longer exist, but the legal case in Canada continues to march on. Last month, the Federal Court of Appeal overturned a lower court decision that had largely sided with Facebook. In its place, it released a new decision that includes and analysis of reasonableness under the Canadian privacy law and engages with the notion of a potential trust but verify st

Oct 28, 2024 • 30:52

Episode 216: Game Changer or More of the Same?: Patrick Leblond on the New Global E-Commerce Agreement

For over 25 years, the World Trade Organization, an intergovernmental organization based in Geneva, Switzerland that regulates and facilitates international trade, has grappled with how to engage with e-commerce. What started as a moratorium on customs duties has expanded into the development of a new agreement that touches on a wide range of issues including privacy, data localization, and electronic contracting. The  new deal has been heralded as groundbreaking, but some aren’t fully convinced

Oct 21, 2024 • 37:14

Episode 215: Jan Grabowski on Wikipedia’s Antisemitism Problem

This podcast drops on Monday, October 7th, the one-year anniversary of the largest massacre of Jews since the Holocaust. I’ve largely kept the issue the rising tide of antisemitism since the Hamas terrorist attacks off the Law Bytes podcast, but those that follow my work will know that I have been vocal on social media and the mainstream media expressing my shock and concern. This episode blends my professional focus on digital policy with my personal concerns regarding antisemitism. The alarmi

Oct 7, 2024 • 34:35

Episode 214: Erin Millar on Trust in Media and the Implementation of the Online News Act

Questions about trust in the media have escalated in Canada in recent months as with each error or questionable tweet, there is seemingly an inevitable chorus of concerns that raise doubts about the implications of government regulation and funding of the media. So where is the Online News Act at right now? What of the new collective designed to distribute the $100 million that Google agreed to pay in return for an exemption from mandated arbitration? And what can be done about the mounting trus

Sep 30, 2024 • 33:35

Episode 213: Elaine Craig on Mainstreaming Porn and Why Bill S-210 May Make Matters Worse

Bill S-210, the controversial age verification bill which purports to limit access to pornography for those under 18, could be headed for a final vote of approval in the House of Commons within the next couple of weeks. Much of the concern with the bill has focused on the privacy and free speech implications of mandating the technology and opening the door to website blocking. Yet often missing from the debate has been a deeper, more nuanced examination of pornography including distinctions betw

Sep 23, 2024 • 32:38

Episode 212: Matt Hatfield on the State of Canadian Digital Policy as Politicians Return from the Summer Recess

Parliament resumes after a summer break today. While digital policies receded into the background over the past few months, the political intrigue of by-elections and a minority government without an NDP deal will be accompanied by questions about what happens to Bill C-63, Canada’s online harms bill, Bill C-27, the privacy and AI reform bill, Bill S-210, the age verification bill, and a myriad of other regulatory and policy issues.  Matt Hatfield is Executive Director of Open Media, one of Cana

Sep 16, 2024 • 23:43

Episode 211: Carlos Affonso Souza on the Unprecedented Brazilian Court Order Blocking Twitter/X and VPN Use to Access the Service

The Law Bytes podcast is back with a deep dive into a high profile case coming out of Brazil, where Twitter or X has been under a blocking order this month. Not only is the service blocked, but individuals face significant fines if they try to circumvent the order to access the service by using a VPN. The case raises many questions about enforcing domestic laws, political and tech power, and the impact on individual rights and freedoms. Carlos Affonso Souza is a law professor at the State Univer

Sep 9, 2024 • 48:58

Episode 210: Meredith Lilly on the Trade Risks Behind Canada’s Digital Services Tax and Mandated Streaming Payments

The battle over a digital services tax has been the subject of Law Bytes podcast episodes for several years as the Canadian government signalled its intent to move ahead with one even as US officials warned of risks of trade retaliation if they did so outside of an international framework. With the DST now in effect, what does trade law have to say and how might the US respond? Meredith Lilly is a full Professor and Simon Reisman Chair in International Economic Policy at Carleton University’s No

Jul 22, 2024 • 36:41

Episode 209: Peter Menzies on Why the Canadian News Sector is Broken and How to Fix It

It isn’t news that the Canadian news sector is broken: the Online News Act has caused more harm the good, the dependence on government funding and regulation has grown dramatically and undermined public trust, and implementing Bill C-18 has become mired in controversy. Peter Menzies spent three decades as a working journalist and newspaper executive, most notably with the Calgary Herald where he served as its editorial page editor, editor in chief and, finally, publisher. He then spent another 1

Jul 15, 2024 • 26:44

Episode 208: Will Page on Why the CRTC’s Bill C-11 Ruling is Discriminatory and May Ultimately Hurt the Canadian Music Market

The recent CRTC Bill C-11 decision mandating that streaming services pay 5 percent of their revenues has left seemingly everyone unhappy and sparked multiple legal challenges. While much of the focus has been on video streaming, music was a core part of Bill C-11 and the implications for music streaming services may be the most pronounced.   Will Page is the perfect person to unpack these issues. He is the author of the critically acclaimed book Tarzan Economics, the former Chief Economist of Sp

Jul 8, 2024 • 44:57

Episode 207: The State of Digital Law and Policy in Canada as Parliament Breaks for the Summer

Parliament adjourned for the summer last week, meaning both the House of Commons and Senate are largely on hold until mid-September. The Law Bytes podcast focuses intensively on Canadian legislative and digital policy developments and with another Parliamentary year in the books, this week’s episode takes a look back and take stock of where things stand. It features discussion on the implementation of the Internet streaming and news bills (C-11 and C-18) as well as an analysis of the current sta

Jun 24, 2024 • 37:35

Episode 206: James Plotkin and David Fewer on Canada’s Landmark Copyright Ruling on Fair Dealing and Digital Locks

The question of copyright and digital locks – technically referred to as anti-circumvention legislation – dates back more than 25 years with creation of the World Intellectual Property Organization’s Internet Treaties and later in Canada with the enactment of the Copyright Modernization Act. The full scope and application of those digital lock rules has been the subject of considerable debate, particularly over how fair dealing fits into the equation. The Federal Court of Canada recently issued

Jun 17, 2024 • 32:05

Episode 205: Len St-Aubin on What the CRTC’s Internet Streaming Ruling Means For Creators, Competition and Consumer Costs

Last week, the CRTC released its much-anticipated Bill C-11 ruling on the initial mandated contributions from Internet streaming services. While the government focused on the requirement to contribute 5% of Canadian revenues, a closer look revealed the CRTC largely ignored industry data and the actual contributions from Internet streaming services and seemed entirely unconcerned by the effects on competition and consumer costs.   Len St-Aubin is the former Director General of Telecommunications

Jun 10, 2024 • 29:30

Episode 204: What Could Have Been for the Bill S-210 Hearings

Bill S-210, the mandated age verification bill for pornography sites that in reality targets everything from Google Search to Netflix, was expected to be the subject of extensive hearings by the Standing Committee on Public Safety and National Security. But after a Conservative filibuster, it appears that there will be only one hearing and that the bill will be reported back to the House unamended. Before that vote, this week’s Law Bytes podcast offers up a “what could have been” hearing on the

Jun 3, 2024 • 31:01

Episode 203: Andrew Clement on Calls to Separate Privacy Reform and Artificial Intelligence Regulation in Bill C-27

Bill C-27, Canada’s proposed privacy reform and AI regulation bill, continues to slowly work its way through the committee process at the House of Commons with the clause-by-clause review of the AI portion of the bill still weeks or even months away. Recently a group of nearly 60 leading civil society organizations, corporations, experts and academics released an open letter calling on the government to separate the bill into two.  Andrew Clement has been an important voice in that group as he t

May 13, 2024 • 34:57

Episode 202: David Soberman on the Reality Behind Claims Canadian Wireless Prices Have Been Cut in Half

Prime Minister Justin Trudeau recently claimed that “we’ve cut the cost of cell phone plans in half since 2019 - in part by increasing competition.” Is that true? What is the real state of Canadian wireless competition and how does pricing compare with other countries? To help answer those questions, this week David Soberman, a Professor of Marketing at the Rotman School of Management at the University of Toronto and the Canadian National Chair of Strategic Marketing joins the Law Bytes podcast.

May 6, 2024 • 26:06

Episode 201: Robert Diab on the Billion Dollar Lawsuits Launched By Ontario School Boards Against Social Media Giants

Concerns about the impact of social media on youth have been brewing for a long time, but in recent months a new battleground has emerged: the courts, who are home to lawsuits launched by school boards seeking billions in compensation and demands that the social media giants change their products to better protect kids. Those lawsuits have now come to Canada with four Ontario school boards recently filing claims. Robert Diab is a professor of law at Thompson Rivers University in Kamloops, Britis

Apr 29, 2024 • 41:26

Episode 200: Colin Bennett on the EU’s Surprising Adequacy Finding on Canadian Privacy Law

A little over five years ago, I launched the Law Bytes podcast with an episode featuring Elizabeth Denham, then the UK’s Information and Privacy Commissioner, who provided her perspective on Canadian privacy law. I must admit that I didn’t know what the future would hold for the podcast, but I certainly did not envision reaching 200 episodes. I think it’s been a fun, entertaining, and educational ride. I’m grateful to the incredible array of guests, to Gerardo Lebron Laboy, who has been there to

Apr 22, 2024 • 28:09

Episode 199: Boris Bytensky on the Criminal Code Reforms in the Online Harms Act

The Online Harms Act – otherwise known as Bill C-63 – is really at least three bills in one. The Law Bytes podcast tackled the Internet platform portion of the bill last month in an episode with Vivek Krishnamurthy and then last week Professor Richard Moon joined to talk about the return of Section 13 of the Canada Human Rights Act. Part three may the most controversial: the inclusion of Criminal Code changes that have left even supporters of the bill uncomfortable.   Boris Bytensky of the firm

Apr 15, 2024 • 33:21

Episode 198: Richard Moon on the Return of the Section 13 Hate Speech Provision in the Online Harms Act

The public debate surrounding Bill C-63, the Online Harms Act, has focused primarily on Human Rights Act and Criminal Code reforms. The Human Rights Act changes include the return of Section 13 on hate speech, which was repealed by the Harper government after criticisms that it unduly chilled freedom of expression. To help understand the history of Section 13 and its latest iteration, this week Professor Richard Moon, Distinguished University Professor and Professor of Law at the University of W

Apr 8, 2024 • 41:27

Episode 197: Divest, Ban or Regulate?: Anupam Chander on the Global Fight Over TikTok

New legislation making its way through the U.S. Congress has placed a TikTok ban back on the public agenda. The bill – which would lead to either a divestiture or ban – has passed the House of Representatives and is now headed to the Senate. On the Canadian front,  TikTok is already prohibited on government devices at the federal level alongside some provinces, the government has quietly conducted a national security review, and there are new calls to ban it altogether from the Canadian market.

Mar 25, 2024 • 37:44

Episode 196: Vibert Jack on the Supreme Court's Landmark Bykovets Internet Privacy Ruling

The federal government has struggled to update Canadian privacy laws over the past decade, leaving the Supreme Court as perhaps the leading source of privacy protection. In 2014, the court issued the Spencer decision, which affirmed a reasonable expectation of privacy in basic subscriber information and earlier this month it released the Bykovets decision, which extends the reasonable expectation of privacy to IP addresses. Vibert Jack is the litigation director of the BC Civil Liberties Associ

Mar 18, 2024 • 32:08

Episode 195: Vivek Krishnamurthy on What You Need to Know About the Online Harms Act

The Online Harms Act is the culmination of years of public debate over whether – or how – the government should establish a regulatory framework for Internet platforms in dealing with online harms. Bill C-63 is already attracting considerable controversy, particularly over proposed changes to the Criminal Code and the Human Rights Act. To help unpack the bill, Vivek Krishnamurthy, an Associate Professor at the University of Colorado Law School, joins this week’s Law Bytes podcast. Vivek is a for

Mar 11, 2024 • 43:06

Episode 194: CCH Turns 20 - Scott Jolliffe Goes Behind the Scenes of the Landmark Copyright Case That Ushered in Users' Rights

Twenty years ago today the Supreme Court of Canada released CCH Canadian v. Law Society of Upper Canada, a decision that stands as perhaps the most consequential in Canadian copyright law history as it would firmly establish fair dealing as a users right and serve as the foundation for copyright law in Canada for decades to come.   Leading off the hearing several months earlier for the Law Society was Scott Jolliffe, an IP litigator with the law firm Gowlings. Jolliffe was charged with arguing t

Mar 4, 2024 • 35:53

Episode 193: The Online Harms Act is Nearly Here - A Backgrounder and Preview

The government plans to introduce the Online Harms Act later today, bringing forward long-delayed legislation that will include new responsibilities and liabilities for Internet platforms alongside an extensive complaints and enforcement governance structure. What is likely to be Bill C-63 will focus on protecting children online and will be the most contentious of the government’s Internet regulation bills given the challenge of balancing safeguards with freedom of expression. This week’s Law B

Feb 26, 2024 • 34:01

Episode 192: Kate Robertson on the Privacy, Expression and Affordability Risks in Bill C-26

Bill C-26, alternately described as a cyber-security, critical infrastructure or telecom bill, remains largely below the radar screen despite its serious implications for privacy, expression, and affordable network access. The bill is currently being studied at a House of Commons committee that seems more interested in partisan political gamesmanship rather than substantive hearings. Kate Robertson is lawyer and senior research associate at the Citizen Lab in the Munk School at the University of

Feb 12, 2024 • 36:56

Episode 191: Luca Bertuzzi on the Making of the EU Artificial Intelligence Act

European countries reached agreement late last week on a landmark legislative package to regulate artificial intelligence. AI regulation  has emerged as a key issue over the past year as the explosive growth of ChatGPT and other generative AI services have sparked legislation, lawsuits and national consultations. The EU AI Act is heralded as the first of its kind and as a model for Canadian AI rules. Luca Bertuzzi is a Brussels-based tech journalist who was widely regarded as the leading source

Feb 5, 2024 • 25:54

Episode 190: Debating Bill S-210 - Senator Julie Miville-Dechêne Defends Her Internet Age Verification Bill

I’ve described Bill S-210, the Protecting Young Persons from Exposure to Pornography Act, as the most dangerous Internet bill you’ve never heard of as it contemplates measures that raise privacy concerns, website blocking, and extend far beyond pornography sites to include search and social media. The bill started in the Senate and having passed there is now in the House of Commons, where MPs voted in favour of it at second reading and sent it to committee for further study.  Senator Julie Mivel

Jan 29, 2024 • 42:20

The Law Bytes Podcast, Episode 189: The Year in Canadian Digital Law and Policy and What Lies Ahead in 2024

Canadian digital law and policy in 2023 was marked by so many legislative battles that you needed a scorecard to keep track: Bill C-11 on online streaming, Bill C-18 on online news, and Bill C-27 on privacy and AI were the headliners, but there were notable developments on content regulation, competition, and a digital services tax. For this final Law Bytes podcast of 2023, I go solo without a guest to talk about the most significant developments in Canadian digital policy from the past year and

Dec 18, 2023 • 35:09

Episode 188: Consumers, Competition or Corporate Cash Grab? - My Bill C-11 Appearance at the CRTC

The CRTC just concluded a three week hearing on Bill C-11 with its primary focus on the prospect of mandating interim payments by Internet streaming services. The result was predictable as just about everyone made their way to Gatineau to make their case for cash. I appeared for the first time before the CRTC where argued that it should prioritize competition, consumer choice and affordability, recognizing that the emerging system brings with it risks of market exit or higher prices. This week’s

Dec 11, 2023 • 42:54

Episode 187: Jeff Elgie on What the Bill C-18 Deal with Google Means for the Future of the Canadian News Sector

The Canadian government tried to salvage the Online News Act last week as its struck a deal with Google that will bring in $100 million to support the news sector and remove concerns about blocked news links. The government had to overhaul its own law in order to reach the agreement, tossing aside most of the core elements in favour of a fund-style single payment from Google. The reaction to the agreement from the news sector has been mixed at best with relative silence from many supporters and

Dec 4, 2023 • 30:39

Episode 186: Andy Kaplan-Myrth on the CRTC’s Last Ditch Attempt to Fix Canada’s Internet Competition Problem

For many years, Canadians have lamented the state of competition for Internet broadband services, pointing to concerns regarding price and lack of choice. Earlier this month, the CRTC seemed to agree, admitting in a decision involving competitive access that it is “important that the Commission revise its approach to promote competition and protect the interests of Canadians.” Andy Kaplan-Myrth is Vice-President, Regulatory and Carrier Affairs at TekSavvy, one of the few remaining independent co

Nov 27, 2023 • 34:24

Episode 185: Bill C-11 at the CRTC - A Preview of the Upcoming Online Streaming Act Hearing

The much-anticipated Bill C-11 hearing opens this week at the CRTC. For the next three weeks, the Commission will hear from a wide range of stakeholders, including digital and legacy creators, Internet giants, telecom companies, and consumer groups. This hearing, which builds on an earlier consultation on registration requirements, will address issues that include mandated Internet streaming company contributions and discoverability requirements. What brought us to this moment and what lies ahea

Nov 20, 2023 • 24:31

Episode 184: Philip Palmer on the Constitutional Doubts About the Government’s Internet Laws

Is the Canadian government’s Internet legislation constitutional? That question arose during the hearings on Bills C-11 and C-18, but has taken on a new urgency given the Supreme Court of Canada’s recent decision involving an Alberta challenge to federal environmental assessment legislation. With limits on federal powers back in the spotlight, the vulnerability of the legislation requires further examination. Philip Palmer is a former Justice lawyer who appeared before the House of Commons commi

Nov 13, 2023 • 30:54

Episode 183: Andres Guadamuz on the Battle Over Copyright and Generative AI

Generative AI raises a host of interesting legal issues, but perhaps none will be more contentious than the intersection between copyright and services such as ChatGPT. The copyright questions apply both the creation of large language models used to train these systems as well as the copyright associated with outputs. These questions have sparked high profile class action lawsuits and government consultations on potential reform. Andres Guadamuz is a Reader in Intellectual Property Law at the Un

Nov 6, 2023 • 37:02

Episode 182: Inside the Hearings on Privacy and AI Reform - My Industry Committee Appearance on Bill C-27

After months of delays, the House of Commons Standing Committee on Industry and Technology has finally begun to conduct hearings on Bill C-27, which wraps Canadian privacy reform and AI regulation into a single legislative package. Last week, I appeared before the committee, making the case that the process is need of fixing and the bill in need of reform. The appearance sparked a wide range of questions from MPs from all parties. This week’s Law Bytes podcast takes you inside the committee hear

Oct 30, 2023 • 38:48

Episode 181: Is this Podcast About to be Regulated by the CRTC?

Several weeks ago, the CRTC released the first set of what is likely to become at least a dozen decisions involving the Online Streaming Act, formerly known as Bill C-11. One of those decisions involved establishing which services would be required to register with the CRTC as part of new registration requirements in the law. That sparked an immediate public debate over the scope of the registration requirements and their potential applicability to podcasts. This week’s Law Bytes podcast tries t

Oct 24, 2023 • 18:46

Episode 180: Victoria Owen Sets the Record Straight on Canadian Copyright Law and Content Licensing By Libraries and Educational Institutions

Since the Canadian copyright law reforms in 2012, education and libraries have increased spending on licensing and a non-partisan House of Commons study found no need to create new restriction on education and library copying rights. Yet given the misinformation flooding the copyright debate, the Canadian Federation of Library Associations recently spoke out  in an effort to set the record straight. Victoria Owen, a leading expert on copyright and libraries, is the chair of the CFLA copyright co

Oct 16, 2023 • 37:04

Episode 179: Peter Menzies on Why the CRTC Feels Broken Right Now

Last week, the CRTC issued the first two of what are likely to be at least a dozen decisions involving the Online Streaming Act. Those decisions are already sparking controversy, but as the Commission focuses on Bill C-11 and perhaps soon Bill C-18, there is mounting concern that its other responsibilities are falling by the wayside that its independence from the government is starting to show cracks. Peter Menzies is a former Vice-Chair of the CRTC and frequently commentator on broadcast, telec

Oct 2, 2023 • 34:00

Episode 178: Bianca Wylie on Canada’s Failing AI Regulatory Process

It’s been a dizzying stretch since the launch of Chat GPT, with artificial intelligence regulation and policy bursting forward as top concern in Canada and around the world. From a Canadian perspective, Bill C-27 got most of its initial attention for its privacy provisions, but its inclusion of an AI bill – AIDA – has emerged as a huge issue in its own right. Meanwhile, the government has also quietly been pushing ahead with new generative AI guidelines that may debut this week. Bianca Wylie is

Sep 26, 2023 • 50:22

Episode 177: Chris Dinn on Bill C-18’s Harm to Torontoverse and Investment in Innovative Media in Canada

The Law Bytes podcast is back after a brief break, and with it, talk about the Online News Act or Bill C-18. All news – both Canadian and foreign – is blocked on Facebook and Instagram in response to Bill C-18 and the reports suggest that the move has had no real impact in use of the platform. Where it has had an impact, however, is on news outlets themselves, many of whom have experienced significant reductions in referral traffic, which invariably leads to less revenues.Much of the attention i

Sep 18, 2023 • 24:08

Episode 176: A Mid-Summer Update on Bills C-11, C-18, the Government’s Cabinet Shuffle, and the Brewing Battle over Digital Taxes

Coming off a week in which the government engineered a major cabinet overhaul that saw Heritage Minister Pablo Rodriguez replaced by Pascale St-Onge, an escalation of the battle over digital stales taxes, and which featured significant news on both the Bill C-11 and Bill C-18 fronts, this week’s Law Bytes podcast provides a mid-summer update on recent developments. Barring some urgent news, the podcast will be taking a break in August and return in September.

Jul 31, 2023 • 16:51

Episode 175: Amy Salyzyn on the Benefits and Risks of AI to the Legal Profession

ChatGPT has taken the world by storm in recent months with the potential of generative AI – both positive and negative – top of mind in just about every sector. That is certainly true for the legal profession, where AI tools are becoming increasingly common and courts and regulators try to grapple with the implications. Amy Salyzyn is a colleague at the University of Ottawa who has written extensively in the area of legal ethics, lawyer regulation, the use of technology in the delivery of legal

Jul 24, 2023 • 30:56

Episode 174: Chris Waddell on the Missing Context for Bill C-18 and the Challenges Faced by Canadian Media

The Online News Act has continued to create a political firestorm this summer with a legislative battle that leaves the future of some Canadian news organizations stuck in the middle between sabre rattling from the government and Internet platforms. Chris Waddell is a professor at and former director of the School of Journalism and Communication at Carleton University in Ottawa and also holds the university’s Carty Chair in Business and Financial Journalism. He’s worked at the CBC and the Globe

Jul 17, 2023 • 34:56

Episode 173: Tom Cardoso on Access to Information and the Globe and Mail’s Secret Canada Initiative

Canada’s Access to Information system is now widely viewed as a failure, marked by extensive delays and processes that can be difficult to navigate. While the reforms continue to lag within government, the Globe and Mail has undertaken a remarkable project that does the work governments should be doing. Secret Canada is part giant ATIP database, part investigative series in the Globe in Mail on freedom to information. Led by Tom Cardoso and Robin Doolittle, the project is an exceptional resource

Jul 10, 2023 • 45:37

Episode 172: Marc Edge on Bill C-18 and the Postmedia Effect

Bill C-18 passed the House and Senate and received royal assent last week, leading Meta to confirm that it will be blocking news sharing on its Facebook and Instagram platforms given the economic costs and uncertainty with the law. Meanwhile Google is reportedly in discussions with the government about whether regulations might be crafted in a way to avoid a similar outcome. I’ve covered Bill C-18 extensively on the Law Bytes podcast, but the history behind the legislation and associated lobbyin

Jun 26, 2023 • 24:41

Episode 171: What Just Happened?: A Half-Year Report on Canadian Digital Policy

With Parliament set to break this week for the summer, this week’s Law Bytes podcast provides a half-year report on what happened over the past six months. At the start of the year, I focused on five issues in 2023 preview: the role of Canadian Heritage, the increasing tensions over digital policy, the emergence of private members bills, wireless policy disputes, as well as privacy and AI regulation. The episode revisits these issues with an examination of how Bills C-11 and C-18 were pushed thr

Jun 19, 2023 • 25:54

Episode 170: The Bill C-18 End Game - What the Senate Heard About the Online News Act

Bill C-18, the Online News Act, heads to clause-by-clause review this week at the Senate Transport and Communications Committee. The committee’s study of the bill wasn’t as extensive as Bill C-11, but it did hear from a very wide range of stakeholders and experts. Last month, I devoted the Law Bytes podcast to my appearance before the committee, including my opening statement and exchanges with various senators. This week’s Law Bytes podcast takes listeners into the committee room for clips from

Jun 12, 2023 • 28:08

Episode 169: Alissa Centivany and Anthony Rosborough on Repairing Canada’s Right to Repair

The right to repair would seem like a political no-brainer: a policy designed to extend the life of devices and equipment and the ability to innovate for the benefit of consumers and the environment. Yet somehow copyright law has emerged as a barrier on that right, limiting access to repair guides and restricting the ability for everyone from farmers to video gamers to tinker with their systems. The government has pledged to address the issue and Bill C-244, a private members bill making its way

Jun 5, 2023 • 37:40

Episode 168: Privacy Commissioner of Canada Philippe Dufresne on How to Fix Bill C-27

It has taken many months, but Bill C-27, the government’s long overdue effort at privacy reform finally is headed to committee for review. Philippe Dufresne, the Privacy Commissioner of Canada, has been patiently waiting for this moment, armed with a comprehensive review of the bill and a wide range of recommendations for amendments that include a more explicit framing of privacy as a fundamental right. Dufresne was appointed as Canada’s privacy commissioner nearly one year ago and in months sin

May 29, 2023 • 30:29

Episode 167: Inside My Senate Committee Appearance on the Many Risks of Bill C-18

Bill C-18, the Online News Act, has now shifted to the Senate, where the Transportation and Communications committee, is reviewing a bill that has led Meta to say it plans to block news sharing in Canada altogether in the bill passes in its current form. I appeared before the committee earlier this month with discussion that focused on a wide range of issues, including the risks of mandating payments for links, the non-compliance with international copyright obligations, why the CBC should not b

May 15, 2023 • 29:48

Episode 166: Colin Bennett on How the Government Is the Using the Budget Implementation Act to Weaken the Privacy Rules for Political Parties

For the second consecutive year, the government is using the Budget Implementation Act to quietly pass concerning legislation with minimal oversight or public attention. Last year, the BIA was used to extend the term of copyright in order to comply with the USMCA. This year, it is privacy that is at issue, with provisions related to political parties. Why would the government squeeze in privacy rules on political parties in Bill C-47? Colin Bennett, a Professor Emeritus at the University of Vict

May 8, 2023 • 26:35

Episode 165: Monica Auer on Whether the CBC Is As Independent As It Says It Is

The recent dust-up between Twitter and the CBC over a “government funded media” label sparked fiery rhetoric from both sides. Opponents of the CBC invoked the notion of propaganda from the public broadcaster, while supporters responded that such comments amounted to an attack on a Canadian institution. That heated debate obscures the reality that there is a discussion worth having about the CBC’s independence, its transparency, and public reporting. Monica Auer, the executive director of Canada'

May 1, 2023 • 32:09

Episode 164: Teresa Scassa on the Latest Canadian Court Ruling on Facebook and What It Might Mean for Privacy Reform

The controversy over Facebook and Cambridge Analytica was back in the spotlight in Canada as the Federal Court sided with Facebook and against the Privacy Commissioner of Canada in a decision arising from a 2019 investigation into the matter. The Privacy Commissioner ruled against Facebook in 2019, but Facebook disagreed with the findings, took the matter to court, and won. What lies behind the decision and what does it mean for privacy in Canada? My colleague Teresa Scassa, who holds the Canada

Apr 24, 2023 • 26:18

Episode 163: Cohere AI CEO Aidan Gomez on the Emerging Legal and Regulatory Challenges for Artificial Intelligence

ChatGPT burst onto the public scene late last year, giving artificial intelligence its “aha moment” for many people. AI is now seemingly everywhere, attracting enormous attention and excitement alongside concerns, legal threats and talk of regulation. The potential of AI is evident to just about everyone, but the challenges associated with bias, copyright, privacy, misinformation and more can’t be ignored. Cohere AI is a Canadian-based AI firm that is widely viewed as one of Canada’s AI stars fo

Apr 17, 2023 • 33:56

Episode 162: Paul Andersen on the Rogers-Shaw Merger and the Disappearing Independent Internet Provider in Canada

Last week, Innovation, Science and Industry Minister François-Philippe Champagne tried to spin his approval of the Rogers-Shaw merger and the enhanced role of Videotron as a win for Canadians, arguing that somehow fewer competitors would lead to greater competition. But in recent months, the Canadian communications landscape has shifted, not only with this merger but also with the gradual disappearance of a half-dozen independent providers who have been swallowed up by the large companies. What

Apr 3, 2023 • 33:22

Episode 161: Canadian Chamber of Commerce President Perrin Beatty on Why the Government’s Bill C-18 Motion Establishes a Dangerous, Undemocratic Precedent

Bill C-18, the online news bill whose foundation is mandated payments for links, has unsurprisingly sparked reaction from Google and Facebook that raises the possibility of stopping linking to Canadian news. In an act of obvious retribution, the government responded to the companies response with a motion that demanded a wide range of internal and external documents dating back years and even looped in the private correspondence of companies, NGOs, journalists and potentially of thousands of Can

Mar 27, 2023 • 30:07

Episode 160: Peter Carrescia on Why Patents Won’t Solve Canada’s Innovation Problem

In recent years, there has been growing effort to link longstanding concerns about Canadian innovation with patents. The argument – which has crossed into Canada’s strategy around AI – posits that the road to an innovative economy is inextricably linked to a greater emphasis on intellectual property and in particular on patents. But what if the correlation between patents and innovation is weak at best? What if an emphasis on patents may actually be harmful to startups whose attention and resour

Mar 20, 2023 • 32:46

Episode 159: Fenwick McKelvey on the Rapid Spread of Government TikTok Bans

TikTok may be enormously popular, but according to the growing number of government, there are concerns regarding links between the app and the Chinese government. That has led to a rapid spread bans of the TikTok app on government devices not only at the federal level, but at provincial and municipal governments and even at universities for university-owned devices. But is TikTok unique in this regard? How to reconcile the government’s insistence that TikTok contribute to Cancon in Bill C-11 wi

Mar 13, 2023 • 31:10

Episode 158: In Their Own Words - Ministers, MPs, Senators and Government Officials on Bill C-18

Bill C-18, the Online News Act, has been at the centre of growing firestorm in Canada following reports that Google has begun testing the removal of links to Canadian news services for a small percentage of its users. The issue is headed to the Standing Committee on Canadian Heritage later today with MPs likely to take turns berating Google executives. If you’re just catching up or don’t understand what the fuss is about, this Law Bytes podcast is for you. While the government tries to spin the

Mar 6, 2023 • 15:35

Episode 157: Stephen Spong on the “Goblin Mode Gaslighting” of Canadian Copyright and Fair Dealing

Last week was Fair Dealing Week, a chance for a wide range of Canadians - educators, students, librarians, archivists, and creators - to celebrate the important role that fair dealing plays in facilitating both fair access and fair compensation to copyrighted works. I ran a series of posts on Canadian education, fair dealing and copyright that will continue into the coming week. This podcast episode is part of that series featuring Stephen Spong, the director of the John and Dotsa Bitove law lib

Feb 27, 2023 • 28:02

Episode 156: Senator Paula Simons on Why the Government Should Accept the Senate’s Bill C-11 Fix on User Content Regulation

Bill C-11 is in the hands of the government as Canadians await a decision on which Senate amendments it will accept, which might be rejected, and then how the Senate responds. A key question involves a fix to the regulation of user content provision, which provides that sound recordings are in, but user content is out. Senator Paula Simons, an independent Senator from Alberta nominated by Prime Minister Justin Trudeau to the Senate in 2018, co-crafted the compromise amendment and has been one of

Feb 13, 2023 • 42:13

Episode 155: Mark Swartz on the Harm Caused by Canada’s Copyright Term Extension

Many Canadians started the new year with an unwelcome surprise as they learned that Canada had extended the term of copyright by additional 20 years with no mitigation measures or efforts to limit the harmful effects of the policy. That the extension did not get much attention was seemingly by design as the government buried it in a budget implementation bill and posted no news releases on it. Mark Swartz is a Scholarly Publishing Librarian at Queen’s University and has been an active participan

Feb 6, 2023 • 28:43

Episode 154: The House is Back - A Preview of Canadian Digital Policy as Parliament Resumes

The House of Commons and Senate return from a lengthy break this week and will likely run until late June with the occasional week or two off. Digital policy may not attract top line attention, but it has emerged as one of the government’s most active issues. This week’s Law Bytes podcast provides a preview of the upcoming session, looking at what may lie ahead for issues such as telecom policy, privacy reform, Bills C-11 and C-18, copyright, and trade policy.

Jan 30, 2023 • 31:26

Episode 153: Jennifer Quaid on the Competition Bureau’s Appeal of the Rogers-Shaw Merger Decision

The battle over the Rogers – Shaw merger has continued to escalate in recent days with TekSavvy filing a complaint with the CRTC on the wholesale access implications of the deal, a campaign to urge ISED Minister François-Philippe Champagne to reject the transaction, and a forthcoming Industry committee hearing on the situation. The merger heads for what may be its final legal showdown this week as the Federal Court of Appeal conducts its hearing on the Competition Bureau’s appeal of a recent dec

Jan 23, 2023 • 43:07

Episode 152: Konrad von Finckenstein on the Challenges That Lie Ahead for the CRTC

The start of a new year often means a fresh start and for the CRTC, it meant welcoming a new chair, as Vicky Eatrides officially took over as chair a few days into 2023. Eatrides comes to the Commission at a particularly busy time with wireless competition concerns top of mind for many Canadians and the government set to ask the Commission to play a pivotal role in implementing Bills C-11 and C-18. Konrad von Finckenstein is someone who knows quite a bit about the challenges faced by new CRTC ch

Jan 16, 2023 • 36:10

Episode 151: The Year in Canadian Digital Law and Policy and What Lies Ahead in 2023

Canadian digital law and policy in 2022 was marked by legislative battles over Bills C-11 and C-18, the Rogers outage, stalled privacy and AI reform, copyright term extension, and a growing trade battle with the U.S. over Canadian policies. For this final Law Bytes podcast of 2022, I go solo without a guest to talk about the most significant trends and developments in Canadian digital policy from the past year and to think a bit about what may lie ahead in 2023. 

Dec 19, 2022 • 23:21

Episode 150: How Will Canada Regulate News and Streaming - My Appearance on TVO’s The Agenda

The government’s two big Internet bills - Bill C-11 and Bill C-18, both made significant advances late last week. The Senate Transport and Communications committee concluded months of hearings on Bill C-11 by agreeing to about 25 amendments, notably including a change to the scope of user content regulation that is designed to limit the application to sound recordings as well as the removal of a provision that critics feared would limit CRTC independence. Meanwhile in the House, Bill C-18 cleare

Dec 12, 2022 • 16:45

The Law Bytes Podcast, Episode 149: Ryan Clements on the FTX Collapse and Canada’s Approach to Crypto Regulation

The stunning collapse of FTX, one of the world’s leading crypto exchanges, has not only shaken the crypto world but called into question the future of blockchain and digital assets. In a year of repeated failures and crashes, the calls for increased regulation are getting louder. Ryan Clements is a law professor at the University of Calgary, where he holds the chair in Business Law and Regulation and specializes in the regulation of fintech, blockchain and crypto-assets. He’s written extensively

Dec 5, 2022 • 55:59

Episode 148: Christelle Tessono on Bringing a Human Rights Lens to AI Regulation in Bill C-27

Bill C-27, the government’s privacy and artificial intelligence bill is slowly making its way through the Parliamentary process. One of the emerging issues has been the mounting opposition to the AI portion of the bill, including a recent NDP motion to divide the bill for voting purposes, separating the privacy and AI portions. In fact, several studies have been released which place the spotlight on the concerns with the government’s plan for AI regulation, which is widely viewed as vague and in

Nov 28, 2022 • 26:16

Episode 147: Canada’s Battle over Internet Streamers - A Cancon Story of Freedom of Expression, Algorithms and Cultural Policy

The end for Bill C-11 at the Senate is drawing near as this week, Canadian Heritage Minister Pablo Rodriguez is scheduled to make a long awaited appearance followed by clause-by-clause review of the bill. While the Senate was continuing its hearings last week, I was delighted to travel to Yale University to deliver a talk on the bill and the controversies it has sparked. This week’s Law Bytes podcast is an audio version of that talk, which traces the development of Canadian broadcast policy as a

Nov 21, 2022 • 34:48

Episode 146: Axel Bruns on What the Australian Experience Teaches About the Prospect of Facebook Blocking News Sharing in Response to Bill C-18

As Bill C-18 heads to clause-by-clause review later this week, the prospect that Facebook could block news sharing on its platform in Canada in response has attracted the ire of politicians and concerns from media outlets that rely on social media as part of their business model. But is this a bluff or, having just laid off 11,000 employees, an accurate reflection of where the company stands on the value of news on its platform given current economic realities? Axel Bruns is a Professor of Commu

Nov 14, 2022 • 32:13

Episode 145: Why Bill C-18’s Mandated Payments for Links is a Threat to Freedom of Expression in Canada

The hearings on the Online News Act – Bill C-18  - wrapped up last week with a final session in which I had the unexpected opportunity to appear and again raise concerns with the bill. My focus this time was on how the bill mandates payments for links and why that approach is a threat to freedom of expression in Canada. This week’s Law Bytes podcast takes you inside the hearing room as it features my opening statement and clips from exchanges with MPs from several parties that touched on everyth

Nov 7, 2022 • 27:30

Episode 144: Keldon Bester on the Rogers-Shaw Merger and the Problem with Canadian Competition Law

The proposed Rogers-Shaw merger was back in the news last week as Canadian Industry minister Francois Philippe Champagne held a mid-week press conference to announce that the original deal was dead, but that a reworked deal that brings in Videotron might be a possibility if certain government expectations on restrictions on transferring spectrum licences and consumer pricing outside of Quebec were met. Keldon Bester is a co-founder of the Canadian Anti-Monopoly Project (CAMP), a fellow at the Ce

Oct 31, 2022 • 28:54

Episode 143: Canada’s Information Commissioner Caroline Maynard on Why Government Needs a Culture of Providing Information Instead of Hiding It

Canadians using the Access to Information Act system frequently find that it is simply does not work as the legislation prescribes, with most facing long delays and widespread redactions. Canada’s Information Commissioner Caroline Maynard is trying to do something to fix that. She has been calling for legislative reforms, more resources, and leadership within government departments to prioritize providing information instead of hiding it. Commissioner Maynard joins the Law Bytes podcast to discu

Oct 24, 2022 • 39:08

Episode 142: CCLA’s Brenda McPhail on the Privacy and Surveillance Risks in Bill C-26

Earlier this year, Public Safety Minister Marco Mendicino introduced Bill C-26, new cyber-security legislation. The bill may address an issue that is widely regarded as essential, but once Canadian privacy and civil liberties had the opportunity to review the fine print in the bill, many came away concerned. Indeed, by September a coalition of groups and experts wrote to the Minister and party leaders, stating “Bill C-26 is deeply problematic and needs fixing”, warning that it risks undermining

Oct 17, 2022 • 34:18

Episode 141: Why the Online News Act is a Bad Solution to a Real Problem

The Standing Committee on Canadian Heritage launched its hearings on the Online News Act (Bill C-18) with a pair of hearings late last month. At this stage, it remains unclear whether the committee will undertake the extensive study the bill deserves. I appeared in the very first hearing, using my opening statement to touch on four key concerns: the definition of “use”, government intervention, the risk of increased misinformation, and the breaches of Canada’s trade and treaty obligations. This

Oct 3, 2022 • 21:40

Episode 140: Anthony Housefather Reflects on the Fight Against Anti-Semitism Online and the Laith Marouf Incident

The Law Bytes podcast returns with a special episode focused on combatting online anti-semitism with a particular emphasis on an incident involving the department of Canadian Heritage and Laith Marouf, a well known anti-semite. As part of Heritage’s anti-hate program, the government had provided funding to the Community Media Advocacy Centre (CMAC), led by Marouf, to develop an anti-racism strategy for Canadian broadcasting. While there was years of evidence of Marouf’s anti-semitism, the depart

Sep 28, 2022 • 32:38

Episode 140: Anthony Housefather Reflects on the Fight Against Anti-Semitism Online and the Laith Marouf Incident

The Law Bytes podcast returns with a special episode focused on combatting online anti-semitism with a particular emphasis on an incident involving the department of Canadian Heritage and Laith Marouf, a well known anti-semite. As part of Heritage’s anti-hate program, the government had provided funding to the Community Media Advocacy Centre (CMAC), led by Marouf, to develop an anti-racism strategy for Canadian broadcasting. While there was years of evidence of Marouf’s anti-semitism, the depart

Sep 28, 2022 • 32:38

Episode 139: Florian Martin-Bariteau on the Artificial Intelligence and Data Act

Bill C-27, Canada’s privacy reform bill introduced in June by Innovation, Science and Industry Minister François-Philippe Champagne, was about more than just privacy. The bill also contains the Artificial Intelligence and Data Act (AIDA), the government’s attempt to begin to scope a regulatory environment around the use of AI technologies. Critics argue that regulations are long overdue, but have expressed concern about how much of the substance is left for regulations that are still to be devel

Aug 15, 2022 • 38:33

Episode 139: Florian Martin-Bariteau on the Artificial Intelligence and Data Act

Bill C-27, Canada’s privacy reform bill introduced in June by Innovation, Science and Industry Minister François-Philippe Champagne, was about more than just privacy. The bill also contains the Artificial Intelligence and Data Act (AIDA), the government’s attempt to begin to scope a regulatory environment around the use of AI technologies. Critics argue that regulations are long overdue, but have expressed concern about how much of the substance is left for regulations that are still to be devel

Aug 15, 2022 • 38:33

Episode 138: John Lawford on the Legal, Regulatory and Policy Responses to the Rogers Outage

Rogers has provided some answers to the many questions about its massive outage last month that affected millions of Canadians. Yet there is still considerable uncertainty about what the government and CRTC are prepared to do to address ongoing concerns in the telecom sector. John Lawford is the Executive Director and General Counsel of PIAC, the Public Industry Advocacy Centre, which has been a leading consumer voice for decades in Canada. PIAC was the first to file a request with the CRTC seek

Aug 8, 2022 • 33:42

Episode 138: John Lawford on the Legal, Regulatory and Policy Responses to the Rogers Outage

Rogers has provided some answers to the many questions about its massive outage last month that affected millions of Canadians. Yet there is still considerable uncertainty about what the government and CRTC are prepared to do to address ongoing concerns in the telecom sector. John Lawford is the Executive Director and General Counsel of PIAC, the Public Industry Advocacy Centre, which has been a leading consumer voice for decades in Canada. PIAC was the first to file a request with the CRTC seek

Aug 8, 2022 • 33:42

Episode 137 - The CRTC Shrugged: A Special Law Bytes Podcast on the Industry Committee Hearing Into the Rogers Outage

The Rogers outage came to Parliament Hill yesterday as the Standing Committee on Industry, Science and Technology conducted four hours of hearings into the issue. The day started with Innovation, Science and Industry Minister Francois-Philippe Champagne, followed by Rogers CEO Tony Staffieri, CRTC Chair Ian Scott, and a panel of consumer and public interest voices. I was pleased to be part of the final panel and I've created a special Law Bytes podcast featuring my opening remarks and the questi

Jul 26, 2022 • 22:34

Episode 137 - The CRTC Shrugged: A Special Law Bytes Podcast on the Industry Committee Hearing Into the Rogers Outage

The Rogers outage came to Parliament Hill yesterday as the Standing Committee on Industry, Science and Technology conducted four hours of hearings into the issue. The day started with Innovation, Science and Industry Minister Francois-Philippe Champagne, followed by Rogers CEO Tony Staffieri, CRTC Chair Ian Scott, and a panel of consumer and public interest voices. I was pleased to be part of the final panel and I've created a special Law Bytes podcast featuring my opening remarks and the questi

Jul 26, 2022 • 22:34

Episode 136: Jeremy de Beer on SOCAN v. ESA, the Supreme Court's Latest Endorsement of Copyright Balance and Technological Neutrality

The Supreme Court of Canada's latest copyright decision - SOCAN v. Entertainment Software Association - affirms yet again that technological neutrality is a foundational element of the law and notably emphasizes that “copyright law does not exist solely for the benefit of authors.” My colleague Jeremy de Beer was an active participant in the case, writing an expert opinion during the Copyright Board phase of the case which reflects the approach that the court ultimately adopted. He joins the Law

Jul 25, 2022 • 32:59

Episode 136: Jeremy de Beer on SOCAN v. ESA, the Supreme Court's Latest Endorsement of Copyright Balance and Technological Neutrality

The Supreme Court of Canada's latest copyright decision - SOCAN v. Entertainment Software Association - affirms yet again that technological neutrality is a foundational element of the law and notably emphasizes that “copyright law does not exist solely for the benefit of authors.” My colleague Jeremy de Beer was an active participant in the case, writing an expert opinion during the Copyright Board phase of the case which reflects the approach that the court ultimately adopted. He joins the Law

Jul 25, 2022 • 32:59

Episode 135: Co-Chair Emily Laidlaw on the Work of the Government's Expert Advisory Group on Online Safety

Canadian Heritage Minister Pablo Rodriguez created an Expert Advisory Group on Online Safety earlier this year to help craft a potential legislative and policy response to online safety and harms issues. The panel recently concluded its work and though the media focused on a failure to achieve absolute consensus from a group that by design had different views, the reality is that common ground was found on several key issues. Emily Laidlaw, who holds the Canada Research Chair in Cybersecurity La

Jul 18, 2022 • 47:42

Episode 135: Co-Chair Emily Laidlaw on the Work of the Government's Expert Advisory Group on Online Safety

Canadian Heritage Minister Pablo Rodriguez created an Expert Advisory Group on Online Safety earlier this year to help craft a potential legislative and policy response to online safety and harms issues. The panel recently concluded its work and though the media focused on a failure to achieve absolute consensus from a group that by design had different views, the reality is that common ground was found on several key issues. Emily Laidlaw, who holds the Canada Research Chair in Cybersecurity La

Jul 18, 2022 • 47:42

Episode 134: Monica Auer on CRTC Governance, Content Regulation and the Radio-Canada Decision

Over the past couple of weeks, there has been mounting outrage over a CRTC decision involving Radio-Canada and a broadcast segment from 2020 in which the N-word was used multiple times as part of a discussion of a book that contains the word in its title. That decision has sparked cries of censorship and concerns about the CRTC. Given that Canadian Heritage Minister Pablo Rodriguez and the government want to give the CRTC even power over Internet content as part of Bill C-11, the implications ex

Jul 11, 2022 • 32:21

Episode 134: Monica Auer on CRTC Governance, Content Regulation and the Radio-Canada Decision

Over the past couple of weeks, there has been mounting outrage over a CRTC decision involving Radio-Canada and a broadcast segment from 2020 in which the N-word was used multiple times as part of a discussion of a book that contains the word in its title. That decision has sparked cries of censorship and concerns about the CRTC. Given that Canadian Heritage Minister Pablo Rodriguez and the government want to give the CRTC even power over Internet content as part of Bill C-11, the implications ex

Jul 11, 2022 • 32:21

Episode 133: Michael Nesbitt on How the Senate Pushed Back Against a Government Bill on Searching Digital Devices at the Border

It isn’t every day that a Senate committee examines legislation and makes notable changes against the wishes of the government. But that’s what happened last month as a Senate committee reviewed Bill S-7, which raised significant privacy concerns regarding the legal standard for searches of digital devices at the border. University of Calgary law professor Michael Nesbitt, who teaches and researches in the areas of criminal and national security law, appeared before the committee to argue agains

Jul 4, 2022 • 33:35

Episode 133: Michael Nesbitt on How the Senate Pushed Back Against a Government Bill on Searching Digital Devices at the Border

It isn’t every day that a Senate committee examines legislation and makes notable changes against the wishes of the government. But that’s what happened last month as a Senate committee reviewed Bill S-7, which raised significant privacy concerns regarding the legal standard for searches of digital devices at the border. University of Calgary law professor Michael Nesbitt, who teaches and researches in the areas of criminal and national security law, appeared before the committee to argue agains

Jul 4, 2022 • 33:35

Episode 132: Ryan Black on the Government's Latest Attempt at Privacy Law Reform

Parliament is now on break for the summer, but just prior to heading out of Ottawa, the government introduced Bill C-27. The privacy reform bill that is really three bills in one: a reform of PIPEDA, a bill to create a new privacy tribunal, and an artificial intelligence regulation bill. What’s in the bill from a privacy perspective and what’s changed? Is this bill any likelier to become law than an earlier bill that failed to even advance to committee hearings? To help sort through the privacy

Jun 27, 2022 • 45:02

Episode 132: Ryan Black on the Government's Latest Attempt at Privacy Law Reform

Parliament is now on break for the summer, but just prior to heading out of Ottawa, the government introduced Bill C-27. The privacy reform bill that is really three bills in one: a reform of PIPEDA, a bill to create a new privacy tribunal, and an artificial intelligence regulation bill. What’s in the bill from a privacy perspective and what’s changed? Is this bill any likelier to become law than an earlier bill that failed to even advance to committee hearings? To help sort through the privacy

Jun 27, 2022 • 45:02

Episode 131: The Bill C-11 Clause-by-Clause Review - What “An Affront to Democracy” Sounds Like

Last week, the Standing Committee on Canadian Heritage rushed through the clause-by-clause review of Bill C-11 in a manner that should not be forgotten or normalized. Despite the absence of any actual deadline, the government insisted that just three two hour sessions be allocated to full clause-by-clause review of the bill. Once the government-imposed deadline arrived at 9:00 pm, the committee moved to voting on the remaining proposed amendments without any debate, discussion, questions for dep

Jun 20, 2022 • 26:25

Episode 131: The Bill C-11 Clause-by-Clause Review - What “An Affront to Democracy” Sounds Like

Last week, the Standing Committee on Canadian Heritage rushed through the clause-by-clause review of Bill C-11 in a manner that should not be forgotten or normalized. Despite the absence of any actual deadline, the government insisted that just three two hour sessions be allocated to full clause-by-clause review of the bill. Once the government-imposed deadline arrived at 9:00 pm, the committee moved to voting on the remaining proposed amendments without any debate, discussion, questions for dep

Jun 20, 2022 • 26:25

Episode 130: In Their Own Words - What the Canadian Heritage Committee Heard About Bill C-11 Harms

The debate over Bill C-11 – the Online Streaming Act – seems likely to come to an end this week, at least in the House of Commons. Last week, the government introduced a motion to put an end to committee debate and set tight timelines for any further review or discussion. Before it becomes forgotten, this week’s Law Bytes podcast is devoted to the House committee hearings on the bill with clips from a wide range of digital creators, interest groups, and independent experts on the potential Bill

Jun 13, 2022 • 27:09

Episode 130: In Their Own Words - What the Canadian Heritage Committee Heard About Bill C-11 Harms

The debate over Bill C-11 – the Online Streaming Act – seems likely to come to an end this week, at least in the House of Commons. Last week, the government introduced a motion to put an end to committee debate and set tight timelines for any further review or discussion. Before it becomes forgotten, this week’s Law Bytes podcast is devoted to the House committee hearings on the bill with clips from a wide range of digital creators, interest groups, and independent experts on the potential Bill

Jun 13, 2022 • 27:09

Episode 129: Farhan Mohamed and Jeff Elgie on Why Canadian Independent News Publishers Want the Government to Fix the Online News Act

In the two months since the Online News Act was introduced it has received limited coverage and sparked little debate. Last week, Bill C-18 began to attract attention as over 125 small and medium sized Canadian publishers began to sound the alarm, calling on the government to fix the bill by addressing concerns around fairness and transparency. Jeff Elgie of Village Media are two of Canada’s most successful and innovative local digital publishers, operating in dozens of communities across Canada

Jun 6, 2022 • 56:38

Episode 129: Farhan Mohamed and Jeff Elgie on Why Canadian Independent News Publishers Want the Government to Fix the Online News Act

In the two months since the Online News Act was introduced it has received limited coverage and sparked little debate. Last week, Bill C-18 began to attract attention as over 125 small and medium sized Canadian publishers began to sound the alarm, calling on the government to fix the bill by addressing concerns around fairness and transparency. Jeff Elgie of Village Media are two of Canada’s most successful and innovative local digital publishers, operating in dozens of communities across Canada

Jun 6, 2022 • 56:38

Episode 128: Morghan Fortier on Why Canada's Most Successful Youtube Streaming Company Is Worried About Bill C-11

Last week, the Standing Committee on Canadian Heritage started its hearings on the Online Streaming Act with the first of four day-long sessions it has planned for witnesses. Morghan Fortier, the co-founder and CEO of Skyship Entertainment, stole the show that day with insights that demand to be heard. Her company may not be a household name, but it’s Canada’s leading Youtube streaming service with millions of subscribers worldwide and billions of views. She joins the Law Bytes podcast to talk a

May 30, 2022 • 48:25

Episode 128: Morghan Fortier on Why Canada's Most Successful Youtube Streaming Company Is Worried About Bill C-11

Last week, the Standing Committee on Canadian Heritage started its hearings on the Online Streaming Act with the first of four day-long sessions it has planned for witnesses. Morghan Fortier, the co-founder and CEO of Skyship Entertainment, stole the show that day with insights that demand to be heard. Her company may not be a household name, but it’s Canada’s leading Youtube streaming service with millions of subscribers worldwide and billions of views. She joins the Law Bytes podcast to talk a

May 30, 2022 • 48:25

Episode 127: Lucie Guibault on Canada's Approach to Copyright Term Extension

Last week, the government took another step toward copyright term extension in Canada, inserting extension provisions within Finance Minister Chrystia Freeland’s Budget Implementation Act bill.  Despite recommendations from its own copyright review, students, teachers, librarians, and copyright experts to include a registration requirement for the additional 20 years of protection, the government chose to extend term without including protection to mitigate against the harms. Lucie Guibault is a

May 2, 2022 • 26:41

Episode 127: Lucie Guibault on Canada's Approach to Copyright Term Extension

Last week, the government took another step toward copyright term extension in Canada, inserting extension provisions within Finance Minister Chrystia Freeland’s Budget Implementation Act bill.  Despite recommendations from its own copyright review, students, teachers, librarians, and copyright experts to include a registration requirement for the additional 20 years of protection, the government chose to extend term without including protection to mitigate against the harms. Lucie Guibault is a

May 2, 2022 • 26:41

Episode 126: Why Canada's Online Harms Consultation Was a Transparency and Policy Failure

This week’s Law Bytes podcast departs from the typical approach as this past week was anything but typical. As readers of this blog will know, last week I obtained access to hundreds of previously secret submissions to the government’s online harms consultation. Those submissions cast the process in a new light. This week’s Law Bytes podcast explains why the online harms consultation was a transparency and policy failure, walking through what has happened, what we know now,  and how this fits wi

Apr 25, 2022 • 17:17

Episode 126: Why Canada's Online Harms Consultation Was a Transparency and Policy Failure

This week’s Law Bytes podcast departs from the typical approach as this past week was anything but typical. As readers of this blog will know, last week I obtained access to hundreds of previously secret submissions to the government’s online harms consultation. Those submissions cast the process in a new light. This week’s Law Bytes podcast explains why the online harms consultation was a transparency and policy failure, walking through what has happened, what we know now,  and how this fits wi

Apr 25, 2022 • 17:17

Episode 125: Sue Gardner on Journalism, the Internet Platforms, and the Online News Act

Last week, Canadian Heritage Minister Pablo Rodriguez introduced Bill C-18 – the Online News Act – the second of three planned Internet regulation bills. There is much to unpack about the provisions in the bill including the enormous power granted to the CRTC, the extensive scope of the bill that could cover tweets or LinkedIn posts, the provision that encourages the Internet platforms to dictate how Canadian media organizations spend the money at issue, and the principle that news organizations

Apr 11, 2022 • 55:04

Episode 125: Sue Gardner on Journalism, the Internet Platforms, and the Online News Act

Last week, Canadian Heritage Minister Pablo Rodriguez introduced Bill C-18 – the Online News Act – the second of three planned Internet regulation bills. There is much to unpack about the provisions in the bill including the enormous power granted to the CRTC, the extensive scope of the bill that could cover tweets or LinkedIn posts, the provision that encourages the Internet platforms to dictate how Canadian media organizations spend the money at issue, and the principle that news organizations

Apr 11, 2022 • 55:04

Episode 124: David Fraser on Negotiating a CLOUD Act Agreement Between Canada and the United States

The CLOUD Act, which allows US law enforcement to use a warrant or subpoena to compel U.S.-based technology companies to provide data stored on servers regardless of where the data is located, was first introduced in the United States in 2018. Canada and the US recently announced plans to negotiate a Cloud Act agreement which would ease cross-border disclosures of data between the two countries. David Fraser is a lawyer with McInnes Cooper in Halifax and one of Canada’s leading privacy experts.

Apr 4, 2022 • 31:38

Episode 124: David Fraser on Negotiating a CLOUD Act Agreement Between Canada and the United States

The CLOUD Act, which allows US law enforcement to use a warrant or subpoena to compel U.S.-based technology companies to provide data stored on servers regardless of where the data is located, was first introduced in the United States in 2018. Canada and the US recently announced plans to negotiate a Cloud Act agreement which would ease cross-border disclosures of data between the two countries. David Fraser is a lawyer with McInnes Cooper in Halifax and one of Canada’s leading privacy experts.

Apr 4, 2022 • 31:38

Episode 123: Darcy Michael on Why Bill C-11 Hurts Canada's Digital First Creators

Since the introduction of Bill C-11, Canadian Heritage Minister Pablo Rodriguez has insisted that he heard the concerns about regulating user generated content and he “fixed it.” Yet the reality is that anyone that takes the time to the read the bill knows that simply isn’t the case. The concerns with the government’s approach have started to attract the attention of Canadian digital-first creators, who fear the plans could lead to lost revenues and reduced promotion worldwide of what has become

Mar 28, 2022 • 26:26

Episode 123: Darcy Michael on Why Bill C-11 Hurts Canada's Digital First Creators

Since the introduction of Bill C-11, Canadian Heritage Minister Pablo Rodriguez has insisted that he heard the concerns about regulating user generated content and he “fixed it.” Yet the reality is that anyone that takes the time to the read the bill knows that simply isn’t the case. The concerns with the government’s approach have started to attract the attention of Canadian digital-first creators, who fear the plans could lead to lost revenues and reduced promotion worldwide of what has become

Mar 28, 2022 • 26:26

Episode 122: Monica Song on Banning Russia Today From the Canadian Television System

The Russian invasion of Ukraine has sparked international condemnation and a race to levy sanctions and undo longstanding connections to the country. Responses have included demands that Russia Today, a television network backed by the Russian government, be removed from cable and satellite systems. Companies such as Bell, Rogers, Telus and Shaw have dropped the service, but the desire for a longer-term regulatory solution has brought the issue to the CRTC. Working with a strict two week deadlin

Mar 21, 2022 • 46:05

Episode 122: Monica Song on Banning Russia Today From the Canadian Television System

The Russian invasion of Ukraine has sparked international condemnation and a race to levy sanctions and undo longstanding connections to the country. Responses have included demands that Russia Today, a television network backed by the Russian government, be removed from cable and satellite systems. Companies such as Bell, Rogers, Telus and Shaw have dropped the service, but the desire for a longer-term regulatory solution has brought the issue to the CRTC. Working with a strict two week deadlin

Mar 21, 2022 • 46:05

Episode 121: The Law Is No Longer Fit For Purpose - My Appearance Before the ETHI Committee on Canadian Privacy and Mobility Data

The House of Commons Standing Committee on Access to Information, Privacy and Ethics spent much of February conducting a study on the collection and use of mobility data by the Government of Canada. The study stems from reports that the Public Health Agency of Canada worked with Telus and BlueDot, an AI firm, to identify COVID-19 trends based on mobility data with questions about whether there was appropriate disclosures, transparency and consent from the millions of Canadians whose data may hav

Mar 14, 2022 • 40:30

Episode 121: The Law Is No Longer Fit For Purpose - My Appearance Before the ETHI Committee on Canadian Privacy and Mobility Data

The House of Commons Standing Committee on Access to Information, Privacy and Ethics spent much of February conducting a study on the collection and use of mobility data by the Government of Canada. The study stems from reports that the Public Health Agency of Canada worked with Telus and BlueDot, an AI firm, to identify COVID-19 trends based on mobility data with questions about whether there was appropriate disclosures, transparency and consent from the millions of Canadians whose data may hav

Mar 14, 2022 • 40:30

Episode 120: Vass Bednar, Ana Qarri and Robin Shaban on Fixing Canada's Competition Law Problem

The proposed Rogers – Shaw merger has placed Canada’s competition law and policy back into the spotlight as consumers frustrated by high wireless prices and a market that many believe already suffers from insufficient competition face the prospect of even less competition should the deal be approved. Last week, the House of Commons Standing Committee on Industry and Technology agreed, issuing a recommendation that “the Committee believes the merger should not proceed” and identifying the need fo

Mar 7, 2022 • 43:30

Episode 120: Vass Bednar, Ana Qarri and Robin Shaban on Fixing Canada's Competition Law Problem

The proposed Rogers – Shaw merger has placed Canada’s competition law and policy back into the spotlight as consumers frustrated by high wireless prices and a market that many believe already suffers from insufficient competition face the prospect of even less competition should the deal be approved. Last week, the House of Commons Standing Committee on Industry and Technology agreed, issuing a recommendation that “the Committee believes the merger should not proceed” and identifying the need fo

Mar 7, 2022 • 43:30

Episode 119: Canada's Zombie Policy Proposal - Christopher Parsons on the Never-Ending Debate Over Lawful Access

The political and policy battles over lawful access have been going on for decades, cutting across multiple governments both Liberal and Conservative. The so-called zombie policy proposal resurfaced again last summer as then Canadian Heritage Minister Steven Guilbeault included elements of lawful access within his online harms consultation. The government plans to revisit its plans for online harms, but the lawful access issue is sure to return. Dr. Christopher Parsons is a Senior Research Assoc

Feb 28, 2022 • 42:07

Episode 119: Canada's Zombie Policy Proposal - Christopher Parsons on the Never-Ending Debate Over Lawful Access

The political and policy battles over lawful access have been going on for decades, cutting across multiple governments both Liberal and Conservative. The so-called zombie policy proposal resurfaced again last summer as then Canadian Heritage Minister Steven Guilbeault included elements of lawful access within his online harms consultation. Dr. Christopher Parsons is a Senior Research Associate at the Munk School’s Citizen Lab at the University of Toronto, where his research focuses on third-par

Feb 28, 2022 • 42:07

Episode 118: Leah West on the Canadian Government's Invocation of the Emergencies Act

After several weeks of protests, occupation, and border crossing blocking, the Canadian government took the unprecedented step last week of invoking the Emergencies Act. The situation is rapidly evolving and still being debated in the House of Commons. Dr. Leah West is an Assistant Professor of International Affairs at the Norman Paterson School of International Affairs at Carleton University and one of Canada’s leading experts on national security law. She joins the Law Bytes podcast to discuss

Feb 21, 2022 • 36:40

Episode 118: Leah West on the Canadian Government's Invocation of the Emergencies Act

After several weeks of protests, occupation, and border crossing blocking, the Canadian government took the unprecedented step last week of invoking the Emergencies Act. The situation is rapidly evolving and still being debated in the House of Commons. Dr. Leah West is an Assistant Professor of International Affairs at the Norman Paterson School of International Affairs at Carleton University and one of Canada’s leading experts on national security law. She joins the Law Bytes podcast to discuss

Feb 21, 2022 • 36:40

Episode 117: Fight for the Future's Sarah Roth-Gaudette on Web 3 Regulation and Alternatives to Big Tech

The interest in regulation and Web 3.0, the umbrella term for all matters crypto, continues to grow in countries around the world. In Canada, a new private member’s bill encourages the government to establish a regulatory framework to support innovation even as concerns mount over the use of cryptocurrency to by-pass conventional payments regulations. In the United States, there have been multiple Congressional hearings and proposals for legislative action. Fight for the Future was one of many

Feb 14, 2022 • 31:05

Episode 117: Fight for the Future's Sarah Roth-Gaudette on Web 3 Regulation and Alternatives to Big Tech

The interest in regulation and Web 3.0, the umbrella term for all matters crypto, continues to grow in countries around the world. In Canada, a new private member’s bill encourages the government to establish a regulatory framework to support innovation even as concerns mount over the use of cryptocurrency to by-pass conventional payments regulations. In the United States, there have been multiple Congressional hearings and proposals for legislative action. Fight for the Future was one of many

Feb 14, 2022 • 31:05

Episode 116: Is This Podcast a Program Subject to CRTC Regulation Under Bill C-11?

The government’s Internet regulation plans were back on the agenda last week as a “what we heard report” was released on online harms and Bill C-11 – the sequel to last year’s controversial Bill C-10 – was introduced by Canadian Heritage Minister Pablo Rodriguez. The Law Bytes podcast will devote several episodes to the bill in the coming months. For this week, however, rather than inviting a guest to discuss a bill that people are still assessing, I appear solo and walk through the bill’s provi

Feb 7, 2022 • 36:12

Episode 116: Is This Podcast a Program Subject to CRTC Regulation Under Bill C-11?

The government’s Internet regulation plans were back on the agenda last week as a “what we heard report” was released on online harms and Bill C-11 – the sequel to last year’s controversial Bill C-10 – was introduced by Canadian Heritage Minister Pablo Rodriguez. The Law Bytes podcast will devote several episodes to the bill in the coming months. For this week, however, rather than inviting a guest to discuss a bill that people are still assessing, I appear solo and walk through the bill’s provi

Feb 7, 2022 • 36:12

Episode 115: Reuven Avi-Yonah on the Past, Present and Future of Digital Services Taxes

There has been mounting concern over the past few years over whether some of the world’s largest companies – primarily big tech – pay their fair share of taxes. This issue has arisen in countries around the world leading to new digital services taxes that primarily target the U.S. tech giants and which in turn often leads to the U.S. threatening to retaliate in response. Canada now finds itself embroiled in these battles as Finance Minister Chrystia Freeland has proposed a retroactive digital se

Jan 31, 2022 • 25:14

Episode 115: Reuven Avi-Yonah on the Past, Present and Future of Digital Services Taxes

There has been mounting concern over the past few years over whether some of the world’s largest companies – primarily big tech – pay their fair share of taxes. This issue has arisen in countries around the world leading to new digital services taxes that primarily target the U.S. tech giants and which in turn often leads to the U.S. threatening to retaliate in response. Canada now finds itself embroiled in these battles as Finance Minister Chrystia Freeland has proposed a retroactive digital se

Jan 31, 2022 • 25:14

Episode 114: The Citizen Lab's Ron Deibert on Protecting Society from Surveillance Software

The Citizen Lab at the University of Toronto, led by Professor Ron Deibert, has a well-earned reputation for uncovering surveillance technologies and security vulnerabilities with research and reports that attract immediate attention worldwide. Professor Deibert has won an incredible array of awards and accolades for his remarkable work, including the Order of Ontario and the EFF’s Pioneer Award. In 2020, he delivered the Massey Lectures, based on his book for the lectures, Reset:  Reclaiming th

Jan 24, 2022 • 35:09

Episode 114: The Citizen Lab's Ron Deibert on Protecting Society from Surveillance Software

The Citizen Lab at the University of Toronto, led by Professor Ron Deibert, has a well-earned reputation for uncovering surveillance technologies and security vulnerabilities with research and reports that attract immediate attention worldwide. Professor Deibert has won an incredible array of awards and accolades for his remarkable work, including the Order of Ontario and the EFF’s Pioneer Award. In 2020, he delivered the Massey Lectures, based on his book for the lectures, Reset:  Reclaiming th

Jan 24, 2022 • 35:09

Episode 113: The Year in Canadian Digital Law and Policy

The past year has been an incredibly active one for Canadian digital law and policy with legislative battles over Bill C-10, controversial consultations on online harms and copyright, important Supreme Court decisions, new digital taxes, and an emerging trade battle with the United States. For this final Law Bytes podcast of 2021, I go solo without a guest to talk about the most significant trends and developments in Canadian digital policy from the past year and to think a bit about what may

Dec 20, 2021 • 30:34

Episode 112: Aaron Perzanowski on the Right to Repair

The right to repair, whether consumer electronics, farm machinery or even health and medical equipment, is an issue that affects everyone. Given the implications for consumer and property rights, the sustainability of the agricultural sector, and protecting the environment, ensuring a right to repair would seem like an obvious political winner. Yet the issue has lagged, not the least of which because of restrictive copyright laws that can limit the ability to repair personal property. Aaron Perz

Dec 13, 2021 • 41:18

Episode 112: Aaron Perzanowski on the Right to Repair

The right to repair, whether consumer electronics, farm machinery or even health and medical equipment, is an issue that affects everyone. Given the implications for consumer and property rights, the sustainability of the agricultural sector, and protecting the environment, ensuring a right to repair would seem like an obvious political winner. Yet the issue has lagged, not the least of which because of restrictive copyright laws that can limit the ability to repair personal property. Aaron Perz

Dec 13, 2021 • 41:18

Episode 111: The Story Behind JusTech - How Three University of Ottawa Law Students Created a Technology Compliance Solution for Privacy Breach Rules

Privacy breaches have become increasingly commonplace as businesses of all sizes grapple with how to  keep customer information secure and what to do when things go wrong. The issue is particularly challenging for small and medium sized business, who are forced to navigate a regulatory framework that isn’t easy and can be extremely expensive. Enter JusTech, a project launched by Ritesh Kotak, Ayushi Dave, and Ryan Mosoff, three University of Ottawa law students who leveraged legal innovation hac

Dec 6, 2021 • 26:29

Episode 111: The Story Behind JusTech - How Three University of Ottawa Law Students Created a Technology Compliance Solution for Privacy Breach Rules

Privacy breaches have become increasingly commonplace as businesses of all sizes grapple with how to  keep customer information secure and what to do when things go wrong. The issue is particularly challenging for small and medium sized business, who are forced to navigate a regulatory framework that isn’t easy and can be extremely expensive. Enter JusTech, a project launched by Ritesh Kotak, Ayushi Dave, and Ryan Mosoff, three University of Ottawa law students who leveraged legal innovation hac

Dec 6, 2021 • 26:29

Episode 110: Waiting to Connect - Karen Barnes and Catherine Middleton on the CCA's Report on Internet Access in Canadian Rural, Remote and Indigenous Communities

Canada’s strategy to ensure that everyone from coast to coast to coast has access to affordable high speed Internet services is widely viewed as a failure and the source of ongoing frustration for many, particularly those in rural, remote and indigenous communities. Those communities often face the prospect of no broadband access or at best expensive, unreliable services. The Council of Canadian Academies recently convened an expert panel on High-Throughput Networks for Rural and Remote Communit

Nov 29, 2021 • 41:02

Episode 110: Waiting to Connect - Karen Barnes and Catherine Middleton on the CCA's Report on Internet Access in Canadian Rural, Remote and Indigenous Communities

Canada’s strategy to ensure that everyone from coast to coast to coast has access to affordable high speed Internet services is widely viewed as a failure and the source of ongoing frustration for many, particularly those in rural, remote and indigenous communities. Those communities often face the prospect of no broadband access or at best expensive, unreliable services. The Council of Canadian Academies recently convened an expert panel on High-Throughput Networks for Rural and Remote Communit

Nov 29, 2021 • 41:02

Episode 109: Striking the Balance on Misinformation and Freedom of Expression - My Examination of Canadian Policy Solutions

The Canadian Parliament is set to resume this week and it’s a safe bet that Internet regulation will be part of the legislative agenda in the coming months. One of the toughest policy issues involve misinformation, which can be difficult to define and potentially to regulate. The Canadian Commission on Democratic Expression was established in spring 2020 with a three-year mandate to better understand, anticipate, and respond to the effects of new digital technologies on public life and Canadian

Nov 22, 2021 • 32:37

Episode 109: Striking the Balance on Misinformation and Freedom of Expression - My Examination of Canadian Policy Solutions

The Canadian Parliament is set to resume this week and it’s a safe bet that Internet regulation will be part of the legislative agenda in the coming months. One of the toughest policy issues involve misinformation, which can be difficult to define and potentially to regulate. The Canadian Commission on Democratic Expression was established in spring 2020 with a three-year mandate to better understand, anticipate, and respond to the effects of new digital technologies on public life and Canadian

Nov 22, 2021 • 32:37

Episode 106: Former Canadian Heritage Committee Chair Scott Simms Goes Behind the Scenes of the Bill C-10 Hearing

Scott Simms, a Liberal MP from Newfoundland for 17 years, was long recognized as a leading voice on Parliament Hill on cultural and digital policy. Simms recently served as the chair of the Standing Committee on Canadian Heritage, which conducted the review of Bill C-10 and which placed him at the heart of one of the year’s more controversial pieces of proposed legislation. Simms was not re-elected this past fall and is now well positioned to reflect on policy making in Canada and the issues tha

Nov 16, 2021 • 47:14

Episode 106: Former Canadian Heritage Committee Chair Scott Simms Goes Behind the Scenes of the Bill C-10 Hearing

Scott Simms, a Liberal MP from Newfoundland for 17 years, was long recognized as a leading voice on Parliament Hill on cultural and digital policy. Simms recently served as the chair of the Standing Committee on Canadian Heritage, which conducted the review of Bill C-10 and which placed him at the heart of one of the year’s more controversial pieces of proposed legislation. Simms was not re-elected this past fall and is now well positioned to reflect on policy making in Canada and the issues tha

Nov 16, 2021 • 47:14

Episode 107: Addison Cameron-Huff on the State of Crypto and Blockchain Regulation in Canada

From Bitcoin to NFTs, interest in crypto and the blockchain has never been greater. Millions of people around the world invest in various crypto currencies, exchanges seem to pop-up daily, and for better or worse the pace of innovation and new services is reminiscent of the early of the days of the Internet. As the industry races ahead, where does the law fit in? Can the law fit in? Addison Cameron-Huff is a Toronto-based blockchain and cryptocurrency lawyer. A former president of Decentral, a l

Nov 16, 2021 • 41:15

Episode 107: Addison Cameron-Huff on the State of Crypto and Blockchain Regulation in Canada

From Bitcoin to NFTs, interest in crypto and the blockchain has never been greater. Millions of people around the world invest in various crypto currencies, exchanges seem to pop-up daily, and for better or worse the pace of innovation and new services is reminiscent of the early of the days of the Internet. As the industry races ahead, where does the law fit in? Can the law fit in? Addison Cameron-Huff is a Toronto-based blockchain and cryptocurrency lawyer. A former president of Decentral, a l

Nov 16, 2021 • 41:15

Episode 108: Scott Benzie on How Bill C-10 Ignored Canada's Thriving Digital First Creators

The Canadian digital first creator economy isn’t something that politicians or policy makers seem to know much about, but they are quick to propose legislative reforms that directly implicate it, most recently in the form of Bill C-10. Yet the sector is thriving, with Canadian stars earning millions of dollars and attracting global audiences that often exceed Canada’s conventional film and television sector. Scott Benzie, the CEO of Buffer Festival, started in traditional media but now advocates

Nov 16, 2021 • 34:46

Episode 108: Scott Benzie on How Bill C-10 Ignored Canada's Thriving Digital First Creators

The Canadian digital first creator economy isn’t something that politicians or policy makers seem to know much about, but they are quick to propose legislative reforms that directly implicate it, most recently in the form of Bill C-10. Yet the sector is thriving, with Canadian stars earning millions of dollars and attracting global audiences that often exceed Canada’s conventional film and television sector. Scott Benzie, the CEO of Buffer Festival, started in traditional media but now advocates

Nov 16, 2021 • 34:46

Episode 105: NDP MP Charlie Angus on Canada's Failed Digital Policy and His Hopes for the Next Parliamentary Session

NDP MP Charlie Angus has been a consistent – and persistent – voice on digital policies since his election to the House of Commons in 2004. He was one of the first MPs to seriously consider user rights within Canadian copyright law, a vocal supporter of net neutrality and more affordable wireless services, and a leading advocate for privacy protection and social media regulation. Last week, Angus called a press conference to unveil his 6 point plan for digital policy, which emphasized accountabi

Oct 29, 2021 • 31:28

Episode 105: NDP MP Charlie Angus on Canada's Failed Digital Policy and His Hopes for the Next Parliamentary Session

NDP MP Charlie Angus has been a consistent – and persistent – voice on digital policies since his election to the House of Commons in 2004. He was one of the first MPs to seriously consider user rights within Canadian copyright law, a vocal supporter of net neutrality and more affordable wireless services, and a leading advocate for privacy protection and social media regulation. Last week, Angus called a press conference to unveil his 6 point plan for digital policy, which emphasized accountabi

Oct 29, 2021 • 31:28

Episode 104: Taylor Owen on What the Latest Facebook Revelations Mean for Canada's Online Harms Legislative Plans

Facebook has once again found itself in the political spotlight as Frances Haugen, a former data scientist and product manager with the company turned whistleblower, provided the source documents for an explosive investigative series in the Wall Street Journal followed by an appearance before a U.S. Senate committee. The Facebook Files series comes just as Canada is moving toward its own legislative response to Internet concerns, with an online harms consultation  that provides a roadmap for fut

Oct 28, 2021 • 35:09

Episode 104: Taylor Owen on What the Latest Facebook Revelations Mean for Canada's Online Harms Legislative Plans

Facebook has once again found itself in the political spotlight as Frances Haugen, a former data scientist and product manager with the company turned whistleblower, provided the source documents for an explosive investigative series in the Wall Street Journal followed by an appearance before a U.S. Senate committee. The Facebook Files series comes just as Canada is moving toward its own legislative response to Internet concerns, with an online harms consultation  that provides a roadmap for fut

Oct 28, 2021 • 35:09

Episode 89: A Special Episode on Debating Bill C-10 at the Canadian Heritage Committee

With yesterday’s Standing Committee on Canadian Heritage meeting with experts on Bill C-10 and its implications for freedom of expression, this is a special Law Bytes episode featuring my opening statement and engagement with Members of Parliament. The discussion canvassed a wide range of issues including how regulating user generated content makes Canada an outlier worldwide, the impact on net neutrality, and why discoverability requirements constitute speech regulation. There is a second post

Oct 28, 2021 • 34:15

Episode 89: A Special Episode on Debating Bill C-10 at the Canadian Heritage Committee

With yesterday’s Standing Committee on Canadian Heritage meeting with experts on Bill C-10 and its implications for freedom of expression, this is a special Law Bytes episode featuring my opening statement and engagement with Members of Parliament. The discussion canvassed a wide range of issues including how regulating user generated content makes Canada an outlier worldwide, the impact on net neutrality, and why discoverability requirements constitute speech regulation. There is a second post

Oct 28, 2021 • 34:15

Episode 83: Inside in the Industry Committee Hearing on the Proposed Rogers-Shaw Merger

When the proposed Rogers – Shaw merger was announced last month, it immediately became a flashpoint for Canada’s ongoing debate over wireless competition and pricing. The Standing Committee on Industry, Science and Technology moved quickly to put the proposed merger under the microscope with hearings that have included Rogers and Shaw along with academics, competitors, and regulators. I was invited to appear before the committee and provide my take on the implications of the merger. This week’s

Oct 28, 2021 • 21:45

Episode 83: Inside in the Industry Committee Hearing on the Proposed Rogers-Shaw Merger

When the proposed Rogers – Shaw merger was announced last month, it immediately became a flashpoint for Canada’s ongoing debate over wireless competition and pricing. The Standing Committee on Industry, Science and Technology moved quickly to put the proposed merger under the microscope with hearings that have included Rogers and Shaw along with academics, competitors, and regulators. I was invited to appear before the committee and provide my take on the implications of the merger. This week’s

Oct 28, 2021 • 21:45

Episode 82: Jonathan Curtis on the CRTC's Push to Block Botnets

The Canadian technology community has a long history of working together with government and regulators to counter online harms such botnets, spam, and malicious hacking. It therefore came as a surprise when the CRTC launched a consultation on addressing botnets that raised the possibility of the regulator stepping in with new blocking mandates. The consultation just completed its first round of comments and in addition to industry experts, there were others that opportunistically looked at the

Oct 28, 2021 • 35:30

Episode 82: Jonathan Curtis on the CRTC's Push to Block Botnets

The Canadian technology community has a long history of working together with government and regulators to counter online harms such botnets, spam, and malicious hacking. It therefore came as a surprise when the CRTC launched a consultation on addressing botnets that raised the possibility of the regulator stepping in with new blocking mandates. The consultation just completed its first round of comments and in addition to industry experts, there were others that opportunistically looked at the

Oct 28, 2021 • 35:30

Episode 81: Why Isn't Canada Supporting a Proposal to Help Developing Countries Gain Access to COVID-19 Vaccines?

As countries around the globe work to get their citizen vaccinated against COVID-19, a battle over intellectual property rules has emerged at the World Trade Organization. Last year, Canada passed legislation designed to ensure that patents would not pose a barrier to securing supplies of a vaccine or treatment. A year later, developing countries around the world have looked to the WTO to develop similar standards through a waiver process that would speed up access to, and production of, vaccine

Oct 28, 2021 • 22:32

Episode 81: Why Isn't Canada Supporting a Proposal to Help Developing Countries Gain Access to COVID-19 Vaccines?

As countries around the globe work to get their citizen vaccinated against COVID-19, a battle over intellectual property rules has emerged at the World Trade Organization. Last year, Canada passed legislation designed to ensure that patents would not pose a barrier to securing supplies of a vaccine or treatment. A year later, developing countries around the world have looked to the WTO to develop similar standards through a waiver process that would speed up access to, and production of, vaccine

Oct 28, 2021 • 22:32

Episode 80: A Roundtable on the Canadian Challenges of Delivering Universal, Affordable Internet Access

A Canadian coalition of consumer advocates, civil society and social justice groups, policy experts, activists and independent ISPs will come together in a national Day of Action on Tuesday to demand the immediate implementation of federal measures to deliver affordable internet and wireless services in Canada and to put an end to constantly increasing bills. This week’s Law Bytes podcast brings together three people that bring unique perspectives to the issue: Madeleine Redfern, the former may

Oct 28, 2021 • 40:13

Episode 80: A Roundtable on the Canadian Challenges of Delivering Universal, Affordable Internet Access

A Canadian coalition of consumer advocates, civil society and social justice groups, policy experts, activists and independent ISPs will come together in a national Day of Action on Tuesday to demand the immediate implementation of federal measures to deliver affordable internet and wireless services in Canada and to put an end to constantly increasing bills. This week’s Law Bytes podcast brings together three people that bring unique perspectives to the issue: Madeleine Redfern, the former may

Oct 28, 2021 • 40:13

Episode 79: David Kaye on the Challenges of Reconciling Freedom of Expression and the Regulation of Online Harms

Canadian Heritage Minister Steven Guilbeault is expected to soon introduce new legislation designed to address online harms through increased regulation. Reports indicate that the bill will target five categories of illegal content: hate speech, terrorist content, content that incites violence, child sexual exploitative content and non-consensual sharing of intimate content. The details will matter, however, as failure to ensure due process for content removal and strict limits on scope will rai

Oct 28, 2021 • 35:51

Episode 79: David Kaye on the Challenges of Reconciling Freedom of Expression and the Regulation of Online Harms

Canadian Heritage Minister Steven Guilbeault is expected to soon introduce new legislation designed to address online harms through increased regulation. Reports indicate that the bill will target five categories of illegal content: hate speech, terrorist content, content that incites violence, child sexual exploitative content and non-consensual sharing of intimate content. The details will matter, however, as failure to ensure due process for content removal and strict limits on scope will rai

Oct 28, 2021 • 35:51

Episode 78: Jennifer Jenkins on What Copyright Term Extension Could Mean for Canada

For years, Canada resisted extending the term of copyright beyond the international standard of life of the author plus 50 years. That appears to have come to an end with the USMCA, which requires an extension. The Canadian government has just launched a public consultation on the issue, identifying several “accompanying measures” to address concerns about the negative impact of term extension. For the many Canadians that participated in the recent copyright review process, the consultation docu

Oct 28, 2021 • 32:47

Episode 78: Jennifer Jenkins on What Copyright Term Extension Could Mean for Canada

For years, Canada resisted extending the term of copyright beyond the international standard of life of the author plus 50 years. That appears to have come to an end with the USMCA, which requires an extension. The Canadian government has just launched a public consultation on the issue, identifying several “accompanying measures” to address concerns about the negative impact of term extension. For the many Canadians that participated in the recent copyright review process, the consultation docu

Oct 28, 2021 • 32:47

Episode 77: The Complexity of Internet Content Regulation - A Conversation with CIPPIC's Vivek Krishnamurthy

Canadian Heritage Minister Steven Guilbeault seems set to table another bill that would establish Internet content regulations, including requirements for Internet platforms to proactively remove many different forms of content, some illegal and others harmful or possibly even “hurtful.” Few would argue with the proposition that some regulation is needed, but venturing into government regulated takedown requirements of otherwise legal content raises complex questions about how to strike the bala

Oct 28, 2021 • 37:47

Episode 77: The Complexity of Internet Content Regulation - A Conversation with CIPPIC's Vivek Krishnamurthy

Canadian Heritage Minister Steven Guilbeault seems set to table another bill that would establish Internet content regulations, including requirements for Internet platforms to proactively remove many different forms of content, some illegal and others harmful or possibly even “hurtful.” Few would argue with the proposition that some regulation is needed, but venturing into government regulated takedown requirements of otherwise legal content raises complex questions about how to strike the bala

Oct 28, 2021 • 37:47

Episode 76: Higher Consumer Costs and Less Choice - My Appearance Before the Heritage Committee on Broadcasting Act Reform

The Standing Committee on Canadian Heritage last week started what it is calling a pre-study on Bill C-10, the Broadcasting Act reform bill. The hearings raises some significant procedural concerns given that the bill has not yet passed second reading so the committee is technically conducting a study about the bill, rather than studying the bill itself. Moreover, committee members have indicated that they have already been invited to provide potential amendment to a bill that hasn’t even made i

Oct 28, 2021 • 16:26

Episode 76: Higher Consumer Costs and Less Choice - My Appearance Before the Heritage Committee on Broadcasting Act Reform

The Standing Committee on Canadian Heritage last week started what it is calling a pre-study on Bill C-10, the Broadcasting Act reform bill. The hearings raises some significant procedural concerns given that the bill has not yet passed second reading so the committee is technically conducting a study about the bill, rather than studying the bill itself. Moreover, committee members have indicated that they have already been invited to provide potential amendment to a bill that hasn’t even made i

Oct 28, 2021 • 16:26

Episode 75: The Digital Taxman Cometh

Digital tax policy has emerged as major issue around the world. Canada is no exception. Late last year, the Canadian government announced plans to act on all three fronts: Bill C-10 seeks to address mandated Cancon payment and Finance Minster Chrystia Freeland has promised digital sales taxes by July and what sounds like a digital services tax in 2022. What is a DST and how might Canada’s digital tax plans play out on the international front?  I spoke with Georgetown University professor Itai Gr

Oct 28, 2021 • 29:59

Episode 75: The Digital Taxman Cometh

Digital tax policy has emerged as major issue around the world. Canada is no exception. Late last year, the Canadian government announced plans to act on all three fronts: Bill C-10 seeks to address mandated Cancon payment and Finance Minster Chrystia Freeland has promised digital sales taxes by July and what sounds like a digital services tax in 2022. What is a DST and how might Canada’s digital tax plans play out on the international front?  I spoke with Georgetown University professor Itai Gr

Oct 28, 2021 • 29:59

Episode 74: Heidi Tworek on the Challenges of Internet Platform Regulation

The Law Bytes podcast took a breather over the holidays and into early January, but there seemingly is no break for digital policy issues. Over the past few weeks, Internet platforms have found themselves squarely in the public eye as company after company – from Shopify to Twitter to Facebook de-platformed former US President Donald Trump in response to the events in Washington earlier this month. Dr. Heidi Tworek of the University of British Columbia is one of Canada’s most prolific thinkers o

Oct 28, 2021 • 28:30

Episode 74: Heidi Tworek on the Challenges of Internet Platform Regulation

The Law Bytes podcast took a breather over the holidays and into early January, but there seemingly is no break for digital policy issues. Over the past few weeks, Internet platforms have found themselves squarely in the public eye as company after company – from Shopify to Twitter to Facebook de-platformed former US President Donald Trump in response to the events in Washington earlier this month. Dr. Heidi Tworek of the University of British Columbia is one of Canada’s most prolific thinkers o

Oct 28, 2021 • 28:30

Episode 73: The Broadcasting Act Blunder - Why Minister Guilbeault is Wrong

Canada is currently considering major reforms to how it regulates Internet services. Canadian Heritage Minister Steven Guilbeault’s Bill C-10 would dramatically reshape the Broadcasting Act by regulating foreign Internet sites and services with the prospect of mandated registration, payments to support Canadian content, confidential data disclosures, and discoverability requirements. The bill would also remove policies supporting Canadian ownership of the broadcasting system and reduce expectati

Oct 28, 2021 • 45:22

Episode 73: The Broadcasting Act Blunder - Why Minister Guilbeault is Wrong

Canada is currently considering major reforms to how it regulates Internet services. Canadian Heritage Minister Steven Guilbeault’s Bill C-10 would dramatically reshape the Broadcasting Act by regulating foreign Internet sites and services with the prospect of mandated registration, payments to support Canadian content, confidential data disclosures, and discoverability requirements. The bill would also remove policies supporting Canadian ownership of the broadcasting system and reduce expectati

Oct 28, 2021 • 45:22

Episode 72: Emily Laidlaw on the Good, the Bad, and the Missed Opportunities Behind Canada's Privacy Reform

Canada’s new privacy bill is only a couple of weeks old but it is already generating debate in the House of Commons and careful study and commentary from the privacy community. As the biggest overhaul of Canada’s privacy rules in two decades, the bill will undoubtedly be the subject of deep analysis and lengthy committee review, likely to start early in 2021. Last week’s Law Bytes podcast featured Navdeep Bains, the Innovation, Science and Industry Minister, who is responsible for the bill. This

Oct 28, 2021 • 33:45

Episode 72: Emily Laidlaw on the Good, the Bad, and the Missed Opportunities Behind Canada's Privacy Reform

Canada’s new privacy bill is only a couple of weeks old but it is already generating debate in the House of Commons and careful study and commentary from the privacy community. As the biggest overhaul of Canada’s privacy rules in two decades, the bill will undoubtedly be the subject of deep analysis and lengthy committee review, likely to start early in 2021. Last week’s Law Bytes podcast featured Navdeep Bains, the Innovation, Science and Industry Minister, who is responsible for the bill. This

Oct 28, 2021 • 33:45

Episode 71: Minister Navdeep Bains on Canada's New Privacy Bill

It has taken many years, but Canada finally appears ready to engage in an overhaul of its outdated private sector privacy law. Earlier this month, the Innovation, Science and Industry Minister Navdeep Bains introduced Bill C-11, which, if enacted, would fundamentally re-write Canada’s privacy rules. The government intends to repeal PIPEDA and replace it with the Consumer Privacy Protection Act, which features a new privacy tribunal, tough penalties for non-compliance, and new provisions on issue

Oct 28, 2021 • 23:37

Episode 71: Minister Navdeep Bains on Canada's New Privacy Bill

It has taken many years, but Canada finally appears ready to engage in an overhaul of its outdated private sector privacy law. Earlier this month, the Innovation, Science and Industry Minister Navdeep Bains introduced Bill C-11, which, if enacted, would fundamentally re-write Canada’s privacy rules. The government intends to repeal PIPEDA and replace it with the Consumer Privacy Protection Act, which features a new privacy tribunal, tough penalties for non-compliance, and new provisions on issue

Oct 28, 2021 • 23:37

Episode 70: "It's Massive Free Distribution" - Village Media's Jeff Elgie on Why His Company Opposes Lobbying Efforts to Establish a Licence for Linking to News Stories

News Media Canada, the lobby group representing the major newspaper publishers in Canada recently launched a new campaign that calls for the creation of a government digital media regulatory agency that would have the power to establish mandated payments by Internet companies merely for linking to news articles. But not everyone in the sector – or even within News Media Canada – agrees with the position. Jeff Elgie is the CEO and majority shareholder of Village Media, a digital-only media organi

Oct 28, 2021 • 39:00

Episode 70: "It's Massive Free Distribution" - Village Media's Jeff Elgie on Why His Company Opposes Lobbying Efforts to Establish a Licence for Linking to News Stories

News Media Canada, the lobby group representing the major newspaper publishers in Canada recently launched a new campaign that calls for the creation of a government digital media regulatory agency that would have the power to establish mandated payments by Internet companies merely for linking to news articles. But not everyone in the sector – or even within News Media Canada – agrees with the position. Jeff Elgie is the CEO and majority shareholder of Village Media, a digital-only media organi

Oct 28, 2021 • 39:00

Episode 69: Bram Abramson on the Government's Plan to Regulate Internet Streaming Services

Last week, Canadian Heritage Minister Steven Guilbeault introduced Bill C-10, legislation that would significantly reform Canada’s Broadcasting Act. A foundational part of what he has called a “get money from web giants” legislative strategy, the bill grants new powers to the CRTC to regulate online streaming services. Bram Abramson is one of Canada’s leading communications law lawyers and managing director of a new digital risk and rights strategy firm called 32M. Bram acted as an outside consu

Oct 28, 2021 • 41:18

Episode 69: Bram Abramson on the Government's Plan to Regulate Internet Streaming Services

Last week, Canadian Heritage Minister Steven Guilbeault introduced Bill C-10, legislation that would significantly reform Canada’s Broadcasting Act. A foundational part of what he has called a “get money from web giants” legislative strategy, the bill grants new powers to the CRTC to regulate online streaming services. Bram Abramson is one of Canada’s leading communications law lawyers and managing director of a new digital risk and rights strategy firm called 32M. Bram acted as an outside consu

Oct 28, 2021 • 41:18

Episode 68: Mike Pal on What the Canadian Experience Teaches About the Intersection Between Election Law and the Internet

The world will be focused on the United States this week as the U.S. Presidential election is slated to take place on Tuesday, November 3rd. The role of social media has been in the spotlight in the US for months with calls for regulation, a range of responses from the major companies, and ongoing concerns about the immediate aftermath of the election and fears that their platforms could be weaponized if the winner is in dispute. Canada had its own national election one year ago and enacted a ra

Oct 28, 2021 • 30:38

Episode 68: Mike Pal on What the Canadian Experience Teaches About the Intersection Between Election Law and the Internet

The world will be focused on the United States this week as the U.S. Presidential election is slated to take place on Tuesday, November 3rd. The role of social media has been in the spotlight in the US for months with calls for regulation, a range of responses from the major companies, and ongoing concerns about the immediate aftermath of the election and fears that their platforms could be weaponized if the winner is in dispute. Canada had its own national election one year ago and enacted a ra

Oct 28, 2021 • 30:38

Episode 67: Tamir Israel on Facial Recognition Technologies at the Border

Facial recognition technologies seem likely to become an increasingly commonplace part of travel with scans for boarding passes, security clearance, customs review, and baggage pickup just some of the spots where your face could become the source of screening. Tamir Israel, staff lawyer at CIPPIC, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic at the University of Ottawa, recently completed a major study on the use of facial recognition technologies at the border. He j

Oct 28, 2021 • 31:15

Episode 67: Tamir Israel on Facial Recognition Technologies at the Border

Facial recognition technologies seem likely to become an increasingly commonplace part of travel with scans for boarding passes, security clearance, customs review, and baggage pickup just some of the spots where your face could become the source of screening. Tamir Israel, staff lawyer at CIPPIC, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic at the University of Ottawa, recently completed a major study on the use of facial recognition technologies at the border. He j

Oct 28, 2021 • 31:15

Episode 66: Ann Cavoukian on Why Canadians Can Trust the COVID Alert App

As the second wave of COVID-19 seems to have arrived in many countries, the importance of measures such as social distancing, masks, testing, and tracing takes on increased importance. In Canada, the COVID Alert App is another important part of that toolkit. The app has been downloaded more than 4.5 million times and has been used to alert users to a potential exposure to the virus nearly 1,700 times. Despite the potential benefits, there remain many skeptics. Ann Cavoukian, a three-time Ontario

Oct 28, 2021 • 22:52

Episode 66: Ann Cavoukian on Why Canadians Can Trust the COVID Alert App

As the second wave of COVID-19 seems to have arrived in many countries, the importance of measures such as social distancing, masks, testing, and tracing takes on increased importance. In Canada, the COVID Alert App is another important part of that toolkit. The app has been downloaded more than 4.5 million times and has been used to alert users to a potential exposure to the virus nearly 1,700 times. Despite the potential benefits, there remain many skeptics. Ann Cavoukian, a three-time Ontario

Oct 28, 2021 • 22:52

Episode 65: My Ian Kerr Memorial Lecture - Privacy and Zambonis in the Age of COVID-19

One year ago this week, Ian Kerr, a friend, colleague, teacher, and prescient scholar in the world of law, technology, and ethics, passed away. Ian’s loss sparked an outpouring of stories of a truly exceptional person whose friendship, mentorship, and “en-Kerr-agement”, left a remarkable legacy with so many citing his impact as a defining moment in their lives and careers. Given the impact Ian had on the privacy world, the IAPP launched an annual lecture in his honour at the IAPP Canada Privacy

Oct 28, 2021 • 37:34

Episode 65: My Ian Kerr Memorial Lecture - Privacy and Zambonis in the Age of COVID-19

One year ago this week, Ian Kerr, a friend, colleague, teacher, and prescient scholar in the world of law, technology, and ethics, passed away. Ian’s loss sparked an outpouring of stories of a truly exceptional person whose friendship, mentorship, and “en-Kerr-agement”, left a remarkable legacy with so many citing his impact as a defining moment in their lives and careers. Given the impact Ian had on the privacy world, the IAPP launched an annual lecture in his honour at the IAPP Canada Privacy

Oct 28, 2021 • 37:34

Episode 64: "You're Seeing the Breakup of the Web" - Anupam Chander on the Battle over TikTok

TikTok has found itself at the centre of a global geo-political fight between the United States and China. U.S. President Donald Trump, citing privacy, censorship, and national security concerns, first declared his plan to ban the app from the country and later followed up with an Executive Order prohibiting commercial activities with TikTok after a 45 day implementation period. What does the battle over TikTok and other Chinese-owned apps mean for their users and for the future of an open and a

Oct 28, 2021 • 31:15

Episode 64: "You're Seeing the Breakup of the Web" - Anupam Chander on the Battle over TikTok

TikTok has found itself at the centre of a global geo-political fight between the United States and China. U.S. President Donald Trump, citing privacy, censorship, and national security concerns, first declared his plan to ban the app from the country and later followed up with an Executive Order prohibiting commercial activities with TikTok after a 45 day implementation period. What does the battle over TikTok and other Chinese-owned apps mean for their users and for the future of an open and a

Oct 28, 2021 • 31:15

Episode 63: Ontario Privacy Commissioner Patricia Kosseim on the COVID Alert App

The Canadian government released its COVID Alert, its COVID-19 exposure notification app, earlier this month starting first with a roll-out in Ontario. I’ve written how I’ve made the decision to install it, noting that the voluntary app does not collect personal information nor provide the government (or anyone else) with location information. The app underwent two privacy reviews, engaging both the federal privacy commissioner and the Ontario information and privacy commissioner. Patricia Kosse

Oct 28, 2021 • 40:09

Episode 63: Ontario Privacy Commissioner Patricia Kosseim on the COVID Alert App

The Canadian government released its COVID Alert, its COVID-19 exposure notification app, earlier this month starting first with a roll-out in Ontario. I’ve written how I’ve made the decision to install it, noting that the voluntary app does not collect personal information nor provide the government (or anyone else) with location information. The app underwent two privacy reviews, engaging both the federal privacy commissioner and the Ontario information and privacy commissioner. Patricia Kosse

Oct 28, 2021 • 40:09

Episode 62: Colin Bennett on What the Schrems II Decision Means for Global Data Transfers and Canadian Privacy Law

The Schrems II decision, a recent European Court of Justice ruling that declares the Privacy Shield program that facilitates data transfers between the EU and the United States invalid, has major implications for modern commercial data related activities such as cross-border data transfers. The decision will reverberate in countries around the world, including Canada. For example, Canadian privacy law was found many years ago to meet the EU’s adequacy standard, but the Schrems II may call that i

Oct 28, 2021 • 31:28

Episode 62: Colin Bennett on What the Schrems II Decision Means for Global Data Transfers and Canadian Privacy Law

The Schrems II decision, a recent European Court of Justice ruling that declares the Privacy Shield program that facilitates data transfers between the EU and the United States invalid, has major implications for modern commercial data related activities such as cross-border data transfers. The decision will reverberate in countries around the world, including Canada. For example, Canadian privacy law was found many years ago to meet the EU’s adequacy standard, but the Schrems II may call that i

Oct 28, 2021 • 31:28

Episode 61: Senator James Cowan on the Extraordinary Battle for a Genetic Anti-Discrimination Law in Canada

As the broad availability of genetic testing has mushroomed over the past two decades, privacy and potential discrimination concerns associated with testing results has increased. Until recently, Canada lagged behind other countries in this regard with no specific national legislation. That changed in 2017 with the enactment of the Genetic Non-Discrimination Act. The Act was quickly challenged on constitutional grounds, but earlier this month a divided Supreme Court of Canada upheld its validity

Oct 28, 2021 • 38:37

Episode 61: Senator James Cowan on the Extraordinary Battle for a Genetic Anti-Discrimination Law in Canada

As the broad availability of genetic testing has mushroomed over the past two decades, privacy and potential discrimination concerns associated with testing results has increased. Until recently, Canada lagged behind other countries in this regard with no specific national legislation. That changed in 2017 with the enactment of the Genetic Non-Discrimination Act. The Act was quickly challenged on constitutional grounds, but earlier this month a divided Supreme Court of Canada upheld its validity

Oct 28, 2021 • 38:37

Episode 60: Alberta Privacy Commissioner Jill Clayton on the ABTraceTogether Contact Tracing App

From the very outset of the COVID-19 outbreak, public health officials have identified the potential of contact tracing applications to both assist in conventional contact tracing activities and to warn individuals that they may have been in close proximity to someone who tested positive for the virus. The apps have unsurprisingly proven controversial, with some doubting their effectiveness and others concerned about the broader privacy and security implications. The Government of Alberta was fi

Oct 28, 2021 • 35:47

Episode 60: Alberta Privacy Commissioner Jill Clayton on the ABTraceTogether Contact Tracing App

From the very outset of the COVID-19 outbreak, public health officials have identified the potential of contact tracing applications to both assist in conventional contact tracing activities and to warn individuals that they may have been in close proximity to someone who tested positive for the virus. The apps have unsurprisingly proven controversial, with some doubting their effectiveness and others concerned about the broader privacy and security implications. The Government of Alberta was fi

Oct 28, 2021 • 35:47

Episode 59: "It's a Racist Policy" - Ben Cashdan on the U.S. Effort to Derail South Africa's Copyright Reform

South Africa spent years embroiled in a high profile effort to update its copyright law responding to concerns from creators, the education community, and the visually impaired that the longstanding laws did not serve the national interest and were harming creativity and access to knowledge. Its Parliament ultimately passed progressive reforms in 2019, but the bill languished on the desk of President Cyril Ramaphosa, who faced enormous trade pressures from the United States and European Union to

Oct 28, 2021 • 28:26

Episode 59: "It's a Racist Policy" - Ben Cashdan on the U.S. Effort to Derail South Africa's Copyright Reform

South Africa spent years embroiled in a high profile effort to update its copyright law responding to concerns from creators, the education community, and the visually impaired that the longstanding laws did not serve the national interest and were harming creativity and access to knowledge. Its Parliament ultimately passed progressive reforms in 2019, but the bill languished on the desk of President Cyril Ramaphosa, who faced enormous trade pressures from the United States and European Union to

Oct 28, 2021 • 28:26

Episode 58: "An Earth Shattering Decision" - Marina Pavlovic on the Supreme Court of Canada's Uber v. Heller Ruling

The Supreme Court of Canada recently released its much anticipated Uber Technologies v. Heller decision, a landmark ruling with significant implications for the validity of online contracts and for employment relations in the gig economy. The court rejected an arbitration clause in an Uber contract with its drivers, finding the clause unconscionable. The decision unsurprisingly quickly caught the attention of many in the legal, technology, business, and consumer advocacy communities. Professor M

Oct 28, 2021 • 34:36

Episode 58: "An Earth Shattering Decision" - Marina Pavlovic on the Supreme Court of Canada's Uber v. Heller Ruling

The Supreme Court of Canada recently released its much anticipated Uber Technologies v. Heller decision, a landmark ruling with significant implications for the validity of online contracts and for employment relations in the gig economy. The court rejected an arbitration clause in an Uber contract with its drivers, finding the clause unconscionable. The decision unsurprisingly quickly caught the attention of many in the legal, technology, business, and consumer advocacy communities. Professor M

Oct 28, 2021 • 34:36

Episode 57: Julia Reda on What Canada Should Learn from the European Battle over a Copyright Link Tax

Canadian Heritage Minister Steven Guilbeault recently suggested that the government’s support for news media should be replaced by copyright rules that would open the door to payments from internet companies such as Google and Facebook. Guilbeault indicated that a legislative package was being prepared for the fall that would include a press publishers’ right is that is commonly referred to as an internet link tax. Julia Reda is a former Member of the European Parliament who for several years wa

Oct 28, 2021 • 44:36

Episode 57: Julia Reda on What Canada Should Learn from the European Battle over a Copyright Link Tax

Canadian Heritage Minister Steven Guilbeault recently suggested that the government’s support for news media should be replaced by copyright rules that would open the door to payments from internet companies such as Google and Facebook. Guilbeault indicated that a legislative package was being prepared for the fall that would include a press publishers’ right is that is commonly referred to as an internet link tax. Julia Reda is a former Member of the European Parliament who for several years wa

Oct 28, 2021 • 44:36

Episode 56: Eloïse Gratton on Quebec's Plan to Overhaul its Privacy Law

The state of Canadian privacy law has been ongoing source of concern with many experts concluding that the law is outdated and no longer fit for purpose. This is particularly true when contrasted with rules in the European Union that feature tough penalties and new privacy rights. It would appear that the province of Quebec has concluded that the waiting has gone on long enough. The provincial government recently introduced Bill 64, which if adopted would overhaul provincial privacy laws and pro

Oct 28, 2021 • 26:15

Episode 56: Eloïse Gratton on Quebec's Plan to Overhaul its Privacy Law

The state of Canadian privacy law has been ongoing source of concern with many experts concluding that the law is outdated and no longer fit for purpose. This is particularly true when contrasted with rules in the European Union that feature tough penalties and new privacy rights. It would appear that the province of Quebec has concluded that the waiting has gone on long enough. The provincial government recently introduced Bill 64, which if adopted would overhaul provincial privacy laws and pro

Oct 28, 2021 • 26:15

Episode 55: Mutale Nkonde on Racial Justice, Bias, and Technology

The world has been focused for the past several weeks on racial justice and the Black Lives Matter movement, with millions around the world taking to the streets to speak out against inequality and racism. Technology and concerns about racism and bias have been part of the discussion, with some of the world’s leading technology companies changing longstanding policies and practices. IBM has put an end all research, development and production of facial recognition technologies, while both Amazon

Oct 28, 2021 • 35:49

Episode 55: Mutale Nkonde on Racial Justice, Bias, and Technology

The world has been focused for the past several weeks on racial justice and the Black Lives Matter movement, with millions around the world taking to the streets to speak out against inequality and racism. Technology and concerns about racism and bias have been part of the discussion, with some of the world’s leading technology companies changing longstanding policies and practices. IBM has put an end all research, development and production of facial recognition technologies, while both Amazon

Oct 28, 2021 • 35:49

Episode 54: Eric Goldman on Internet Platform Liability and the Trump Executive Order

The U.S. approach to Internet platform liability has been characterized as the single most important legal protection for free speech on the Internet. Over the past two decades, every major Internet service has turned to the rules to ensure that liability for third party content posted on their sites rests with the poster, not the site or service. Those rules have proven increasingly controversial, however, with mounting calls for the companies to take on greater responsibility for content poste

Oct 28, 2021 • 36:22

Episode 54: Eric Goldman on Internet Platform Liability and the Trump Executive Order

The U.S. approach to Internet platform liability has been characterized as the single most important legal protection for free speech on the Internet. Over the past two decades, every major Internet service has turned to the rules to ensure that liability for third party content posted on their sites rests with the poster, not the site or service. Those rules have proven increasingly controversial, however, with mounting calls for the companies to take on greater responsibility for content poste

Oct 28, 2021 • 36:22

Episode 53: Welcome Development or Waste of Time? - A Conversation With Facebook Oversight Board Member Nicolas Suzor

Last month, Facebook revealed the names of the first 20 members of the Facebook Oversight Board, a body charged with conducting independent reviews of content removals. The group includes many well-known experts in the fields of human rights, journalism, law, and social media. The announcement received at best a mixed greeting – some welcomed the experiment in content moderation, while others argued that the board “will have no influence over anything that really matters in the world.” Professor

Oct 28, 2021 • 39:42

Episode 53: Welcome Development or Waste of Time? - A Conversation With Facebook Oversight Board Member Nicolas Suzor

Last month, Facebook revealed the names of the first 20 members of the Facebook Oversight Board, a body charged with conducting independent reviews of content removals. The group includes many well-known experts in the fields of human rights, journalism, law, and social media. The announcement received at best a mixed greeting – some welcomed the experiment in content moderation, while others argued that the board “will have no influence over anything that really matters in the world.” Professor

Oct 28, 2021 • 39:42

Episode 52: Fair Dealing for Film Makers - Bob Tarantino on the Copyright Implications of the Room Full of Spoons Case

Dubbed by some as the worst film ever made, The Room has become a cult-like film classic. Written, directed, produced and starring Tommy Wiseau, the movie was the subject of the 2017 film The Disaster Artist and a documentary titled Room Full of Spoons by Canadian documentary filmmakers who wanted to tell the story of the film and its popularity. The documentary has been the subject of years of litigation with Wiseau at one point obtaining an injunction to stop its release. The Ontario Superior

Oct 28, 2021 • 28:00

Episode 52: Fair Dealing for Film Makers - Bob Tarantino on the Copyright Implications of the Room Full of Spoons Case

Dubbed by some as the worst film ever made, The Room has become a cult-like film classic. Written, directed, produced and starring Tommy Wiseau, the movie was the subject of the 2017 film The Disaster Artist and a documentary titled Room Full of Spoons by Canadian documentary filmmakers who wanted to tell the story of the film and its popularity. The documentary has been the subject of years of litigation with Wiseau at one point obtaining an injunction to stop its release. The Ontario Superior

Oct 28, 2021 • 28:00

Episode 51: Canada's Urban-Rural Broadband Divide - Josh Tabish on CIRA's Internet Performance Data

The state of Internet access in Canada has been the subject of considerable debate in recent years as consumers and businesses alike assess whether Canada has kept pace with the need for universal access to fast, affordable broadband. What is now beyond debate is that there are still hundreds of thousands of Canadians without access to broadband services from local providers and that for those that have access, actual speeds may be lower than advertised and below the targets set by the CRTC, Can

Oct 28, 2021 • 33:01

Episode 51: Canada's Urban-Rural Broadband Divide - Josh Tabish on CIRA's Internet Performance Data

The state of Internet access in Canada has been the subject of considerable debate in recent years as consumers and businesses alike assess whether Canada has kept pace with the need for universal access to fast, affordable broadband. What is now beyond debate is that there are still hundreds of thousands of Canadians without access to broadband services from local providers and that for those that have access, actual speeds may be lower than advertised and below the targets set by the CRTC, Can

Oct 28, 2021 • 33:01

Episode 50: Ariel Katz on the Long-Awaited York University v. Access Copyright Ruling

The Federal Court of Appeal delivered its long-awaited copyright ruling in the York University v. Access Copyright case last month. This latest decision effectively confirms that educational institutions can opt-out of the Access Copyright licence since it is not mandatory and that any claims of infringement will be left to copyright owners to address, not Access Copyright. The decision is a big win for York University and the education community though they were not left completely happy with t

Oct 28, 2021 • 34:59

Episode 50: Ariel Katz on the Long-Awaited York University v. Access Copyright Ruling

The Federal Court of Appeal delivered its long-awaited copyright ruling in the York University v. Access Copyright case last month. This latest decision effectively confirms that educational institutions can opt-out of the Access Copyright licence since it is not mandatory and that any claims of infringement will be left to copyright owners to address, not Access Copyright. The decision is a big win for York University and the education community though they were not left completely happy with t

Oct 28, 2021 • 34:59

Episode 49: Lilian Edwards on the Legal, Ethical and Technology Debate over Coronavirus Contact Tracing Apps

As governments grapple with challenging questions about when and how to relax the current Coronavirus restrictions and give the green light to re-opening businesses, schools, and community spaces, there has been increasing emphasis on the potential for technology to assist with critical activities such as contact tracing. Canada has moved more cautiously on this issue, but the introduction of contact tracing apps seem likely. What will the apps look like and what legal framework is needed to saf

Oct 28, 2021 • 34:05

Episode 49: Lilian Edwards on the Legal, Ethical and Technology Debate over Coronavirus Contact Tracing Apps

As governments grapple with challenging questions about when and how to relax the current Coronavirus restrictions and give the green light to re-opening businesses, schools, and community spaces, there has been increasing emphasis on the potential for technology to assist with critical activities such as contact tracing. Canada has moved more cautiously on this issue, but the introduction of contact tracing apps seem likely. What will the apps look like and what legal framework is needed to saf

Oct 28, 2021 • 34:05

Episode 48: Sam Trosow and Lisa Macklem on Copyright and Fair Dealing During a Pandemic

Fair dealing – the Canadian version of fair use – has been recognized by the Supreme Court of Canada as a users’ right. The need for a large and liberal interpretation to the right is a cornerstone of Canadian copyright law. With millions of Canadian students at home due to the Coronavirus pandemic, the importance of fair dealing has grown as teachers seek to provide access to teaching materials and ensure they remain compliant with the law. Sam Trosow and Lisa Macklem of Western University rece

Oct 28, 2021 • 33:20

Episode 48: Sam Trosow and Lisa Macklem on Copyright and Fair Dealing During a Pandemic

Fair dealing – the Canadian version of fair use – has been recognized by the Supreme Court of Canada as a users’ right. The need for a large and liberal interpretation to the right is a cornerstone of Canadian copyright law. With millions of Canadian students at home due to the Coronavirus pandemic, the importance of fair dealing has grown as teachers seek to provide access to teaching materials and ensure they remain compliant with the law. Sam Trosow and Lisa Macklem of Western University rece

Oct 28, 2021 • 33:20

Episode 47: Brewster Kahle, Chris Freeland and Kyle Courtney on the Internet Archive National Emergency Library

Communities around the world raced to respond to the coronavirus pandemic last month by shutting down as businesses, schools, and libraries were rendered unavailable seemingly in an instant. One of the effects of the shutdown was that hundreds of millions of books were immediately made inaccessible to students, teachers, and the wider community.  The Internet Archive responded with the National Emergency Library, a tweaked version of its Controlled Digital Lending program that brings scanned ver

Oct 28, 2021 • 35:47

Episode 47: Brewster Kahle, Chris Freeland and Kyle Courtney on the Internet Archive National Emergency Library

Communities around the world raced to respond to the coronavirus pandemic last month by shutting down as businesses, schools, and libraries were rendered unavailable seemingly in an instant. One of the effects of the shutdown was that hundreds of millions of books were immediately made inaccessible to students, teachers, and the wider community.  The Internet Archive responded with the National Emergency Library, a tweaked version of its Controlled Digital Lending program that brings scanned ver

Oct 28, 2021 • 35:47

Episode 46: Matthew Herder on the Canadian Effort to Break Down Patent Barriers to Accessing Coronavirus Medicines

Bill C-13, the COVID-19 Emergency Response Act, was the Canadian government’s legislative response to the Coronavirus pandemic. In addition a host of economic measures, the bill included some unexpected patent law provisions designed to speed access to essential medicines, devices or treatments. Matthew Herder, the director of the Health Law Institute at Dalhousie University, joins the podcast discuss the new Canadian rules, the use of compulsory licensing to enhance access to medicines, and oth

Oct 28, 2021 • 33:41

Episode 46: Matthew Herder on the Canadian Effort to Break Down Patent Barriers to Accessing Coronavirus Medicines

Bill C-13, the COVID-19 Emergency Response Act, was the Canadian government’s legislative response to the Coronavirus pandemic. In addition a host of economic measures, the bill included some unexpected patent law provisions designed to speed access to essential medicines, devices or treatments. Matthew Herder, the director of the Health Law Institute at Dalhousie University, joins the podcast discuss the new Canadian rules, the use of compulsory licensing to enhance access to medicines, and oth

Oct 28, 2021 • 33:41

Episode 45: David Porter on the Benefits of Open Educational Resources as Millions Shift to Online Learning

Millions of Canadians are at home, schools are closed, and Canada is undergoing an unprecedented shift to distance or online learning. Adapting course materials to the online learning environment can create significant new challenges for teachers and students alike. Open educational resources (OERs) provides a model for convenient, cost-effective access with no copyright barriers to worry about, expensive texts to purchase, or restrictions on adaptation, customization or re-use. David Porter, wh

Oct 28, 2021 • 23:51

Episode 45: David Porter on the Benefits of Open Educational Resources as Millions Shift to Online Learning

Millions of Canadians are at home, schools are closed, and Canada is undergoing an unprecedented shift to distance or online learning. Adapting course materials to the online learning environment can create significant new challenges for teachers and students alike. Open educational resources (OERs) provides a model for convenient, cost-effective access with no copyright barriers to worry about, expensive texts to purchase, or restrictions on adaptation, customization or re-use. David Porter, wh

Oct 28, 2021 • 23:51

Episode 44: Michael Birnhack on Israeli Use of Cellphone Tracking to Combat the Spread of Coronavirus

With experts warning that the Coronavirus pandemic may last well into next year, the urgency of limiting the spread of the virus is sure to increase. Cellphone and social media data will increasingly be viewed as a valuable source of information for public health authorities, as they seek to identify outbreaks in communities more quickly, rapidly warn people that they may have been exposed to the virus, or enforce quarantining orders. Israel has implemented a system that involves the collection

Oct 28, 2021 • 24:56

Episode 44: Michael Birnhack on Israeli Use of Cellphone Tracking to Combat the Spread of Coronavirus

With experts warning that the Coronavirus pandemic may last well into next year, the urgency of limiting the spread of the virus is sure to increase. Cellphone and social media data will increasingly be viewed as a valuable source of information for public health authorities, as they seek to identify outbreaks in communities more quickly, rapidly warn people that they may have been exposed to the virus, or enforce quarantining orders. Israel has implemented a system that involves the collection

Oct 28, 2021 • 24:56

Episode 43: Heather Joseph on the Coronavirus and the Urgent Need for Open Access to Research Publications

Over the past several weeks, our world has been upended by Coronavirus or COVID-19 pandemic. Given the head-spinning changes taking place in our society, there is a widely recognized need for immediate open access to the latest research and medical developments. Yet despite the fact that the public often funds research in the area, the conventional publishing model often places that information behind paywalls or subscription fees. Heather Joseph, the Executive Director of SPARC, joins me on the

Oct 28, 2021 • 26:03

Episode 43: Heather Joseph on the Coronavirus and the Urgent Need for Open Access to Research Publications

Over the past several weeks, our world has been upended by Coronavirus or COVID-19 pandemic. Given the head-spinning changes taking place in our society, there is a widely recognized need for immediate open access to the latest research and medical developments. Yet despite the fact that the public often funds research in the area, the conventional publishing model often places that information behind paywalls or subscription fees. Heather Joseph, the Executive Director of SPARC, joins me on the

Oct 28, 2021 • 26:03

Episode 42: What Does the Canada-US-Mexico Trade Agreement Mean for Digital Policy?

The ratification of the Canada – US- Mexico Trade Agreement has captured considerable attention with several committees studying Bill C-4, the bill aimed at ratifying the deal. Over the past month, I’ve had the opportunity to appear before two of those committees – the House of Commons Standing Committee on International Trade and on Industry, Science and Technology – where I discussed the digital law and policy implications the agreement. This week’s podcast features excerpts from those appeara

Oct 28, 2021 • 26:36

Episode 42: What Does the Canada-US-Mexico Trade Agreement Mean for Digital Policy?

The ratification of the Canada – US- Mexico Trade Agreement has captured considerable attention with several committees studying Bill C-4, the bill aimed at ratifying the deal. Over the past month, I’ve had the opportunity to appear before two of those committees – the House of Commons Standing Committee on International Trade and on Industry, Science and Technology – where I discussed the digital law and policy implications the agreement. This week’s podcast features excerpts from those appeara

Oct 28, 2021 • 26:36

Episode 41: Nasma Ahmed With a Call for a Ban on Facial Recognition Technologies

Facial recognition technologies have attracted mounting attention in recent weeks led by a New York Times report on Clearview AI, soon followed by revelations of police use of the service in multiple Canadian cities. In fact, just after recording the interview for this podcast, there were revelations that the Clearview AI service has been used in Canada by an even wider array of police forces, retailers, insurance investigators, and others than previously imagined. In some instances, those organ

Oct 28, 2021 • 31:00

Episode 41: Nasma Ahmed With a Call for a Ban on Facial Recognition Technologies

Facial recognition technologies have attracted mounting attention in recent weeks led by a New York Times report on Clearview AI, soon followed by revelations of police use of the service in multiple Canadian cities. In fact, just after recording the interview for this podcast, there were revelations that the Clearview AI service has been used in Canada by an even wider array of police forces, retailers, insurance investigators, and others than previously imagined. In some instances, those organ

Oct 28, 2021 • 31:00

Episode 40: “Copyright Term Extension is a Tax on Consumers” - Paul Heald on What Extending Copyright Term Could Mean for Canada

Copyright term extension has emerged as a major policy issue in Canada in recent months. Canada’s general copyright term is life of the author plus 50 years and successive governments have rejected lobbying pressure to extend by an additional 20 years. That changed with the new NAFTA, which includes a life plus 70 years requirement. Canada negotiated a 30 month transition period with no need to extend the copyright term during that time. The Canadian copyright review recommended that any extensi

Oct 28, 2021 • 38:53

Episode 40: “Copyright Term Extension is a Tax on Consumers” - Paul Heald on What Extending Copyright Term Could Mean for Canada

Copyright term extension has emerged as a major policy issue in Canada in recent months. Canada’s general copyright term is life of the author plus 50 years and successive governments have rejected lobbying pressure to extend by an additional 20 years. That changed with the new NAFTA, which includes a life plus 70 years requirement. Canada negotiated a 30 month transition period with no need to extend the copyright term during that time. The Canadian copyright review recommended that any extensi

Oct 28, 2021 • 38:53

Episode 39: “The Day I Can Offer Service, Prices Come Down” - Elliot Noss on MVNOs and the CRTC Hearing on Wireless Services

The long awaited CRTC review into wireless services kicks off this week with virtually every key stakeholder – the big carriers, regional carriers, independent carriers, consumer groups, and many others – making their way to Gatineau to set out their vision for the future of wireless services in Canada. Elliot Noss, the CEO of Tucows, owns Ting, an MVNO that has carved out a niche in the U.S. market, but does not offer service in Canada as the big carriers won’t play ball. Elliot joins the podca

Oct 28, 2021 • 35:31

Episode 39: “The Day I Can Offer Service, Prices Come Down” - Elliot Noss on MVNOs and the CRTC Hearing on Wireless Services

The long awaited CRTC review into wireless services kicks off this week with virtually every key stakeholder – the big carriers, regional carriers, independent carriers, consumer groups, and many others – making their way to Gatineau to set out their vision for the future of wireless services in Canada. Elliot Noss, the CEO of Tucows, owns Ting, an MVNO that has carved out a niche in the U.S. market, but does not offer service in Canada as the big carriers won’t play ball. Elliot joins the podca

Oct 28, 2021 • 35:31

Episode 38: Debating the Broadcast Panel Report - A Conversation with BTLR Panel Chair Janet Yale

The release of the much-anticipated Broadcast and Telecommunications Legislative Review Panel report late last month sparked a torrent of discussion and debate. The 235 page report – often referred to as the BTLR or Yale Report – features 97 recommendations that covers telecom, broadcast, the future of the CBC, online harms, digital taxation, and a myriad of other issues. Janet Yale, the panel chair, joins the podcast this week to talk about the report. Our wide ranging conversation touches on t

Oct 28, 2021 • 53:19

Episode 38: Debating the Broadcast Panel Report - A Conversation with BTLR Panel Chair Janet Yale

The release of the much-anticipated Broadcast and Telecommunications Legislative Review Panel report late last month sparked a torrent of discussion and debate. The 235 page report – often referred to as the BTLR or Yale Report – features 97 recommendations that covers telecom, broadcast, the future of the CBC, online harms, digital taxation, and a myriad of other issues. Janet Yale, the panel chair, joins the podcast this week to talk about the report. Our wide ranging conversation touches on t

Oct 28, 2021 • 53:19

Episode 37: The Future of Privacy in Canada - A Conversation with Privacy Commissioner of Canada Daniel Therrien

The Lawbytes podcast resumes for another season with a special episode on privacy as I’m joined on the podcast by Daniel Therrien, the Privacy Commissioner of Canada. Commissioner Therrien recently used Data Privacy Day to deliver a speech at the University of Ottawa focused on privacy reforms and a new consultation on AI and privacy. He joined me on the podcast to talk about his term as commissioner, the major challenges he’s faced, the state of Canadian privacy law, and the prospect for reform

Oct 28, 2021 • 51:47

Episode 37: The Future of Privacy in Canada - A Conversation with Privacy Commissioner of Canada Daniel Therrien

The Lawbytes podcast resumes for another season with a special episode on privacy as I’m joined on the podcast by Daniel Therrien, the Privacy Commissioner of Canada. Commissioner Therrien recently used Data Privacy Day to deliver a speech at the University of Ottawa focused on privacy reforms and a new consultation on AI and privacy. He joined me on the podcast to talk about his term as commissioner, the major challenges he’s faced, the state of Canadian privacy law, and the prospect for reform

Oct 28, 2021 • 51:47

The LawBytes Podcast, Episode 36: The Year in Canadian Digital Law and Policy

The past year has been an incredibly active one for Canadian digital law and policy with important Supreme Court cases, legislative proposals, committee reports, expert panels, and political promises to reform existing laws and regulation. For this final Lawbytes podcast of 2019, I go solo without a guest to talk about the most significant trends and developments in Canadian digital policy from the past year and think a bit about what may lie ahead next year. I focus on five issues: the “euro-fi

Oct 28, 2021 • 34:18

The LawBytes Podcast, Episode 36: The Year in Canadian Digital Law and Policy

The past year has been an incredibly active one for Canadian digital law and policy with important Supreme Court cases, legislative proposals, committee reports, expert panels, and political promises to reform existing laws and regulation. For this final Lawbytes podcast of 2019, I go solo without a guest to talk about the most significant trends and developments in Canadian digital policy from the past year and think a bit about what may lie ahead next year. I focus on five issues: the “euro-fi

Oct 28, 2021 • 34:18

Episode 35: Allen Mendelsohn on Canada's Copyright Site Blocking Saga

Site blocking has been on the policy and regulatory radar screen for several years in Canada, starting with the Bell-led Fairplay proposal to the CRTC and demands for site blocking as part of the copyright review. With both the CRTC and elected officials rejecting site blocking proposals, rights holders have turned to the courts. Last month, a Federal Court of Canada judge issued a major website blocking decision granting a request from Bell, Rogers, and Groupe TVA to block access to a series of

Oct 24, 2021 • 36:17

Episode 35: Allen Mendelsohn on Canada's Copyright Site Blocking Saga

Site blocking has been on the policy and regulatory radar screen for several years in Canada, starting with the Bell-led Fairplay proposal to the CRTC and demands for site blocking as part of the copyright review. With both the CRTC and elected officials rejecting site blocking proposals, rights holders have turned to the courts. Last month, a Federal Court of Canada judge issued a major website blocking decision granting a request from Bell, Rogers, and Groupe TVA to block access to a series of

Oct 24, 2021 • 36:17

Episode 34: The Fight to Save the Dot-Org

The dot-org domain extension was established as one of the first top-level domains in 1985 alongside dot-com, dot-net and a handful of others. In 2002, administration over the domain was awarded to the Public Interest Registry (PIR), a non-profit established by the Internet Society (ISOC), to run the extension. PIR recently announced that it was being purchased by Ethos Capital, a private equity firm that includes a former CEO of ICANN among its founders. With a rumoured purchase price of over $

Oct 22, 2021 • 30:56

Episode 34: The Fight to Save the Dot-Org

The dot-org domain extension was established as one of the first top-level domains in 1985 alongside dot-com, dot-net and a handful of others. In 2002, administration over the domain was awarded to the Public Interest Registry (PIR), a non-profit established by the Internet Society (ISOC), to run the extension. PIR recently announced that it was being purchased by Ethos Capital, a private equity firm that includes a former CEO of ICANN among its founders. With a rumoured purchase price of over $

Oct 22, 2021 • 30:56

Episode 33: “Canadian Patenting is Not Going to Drive Anything” - Aidan Hollis on New Research on Patents and Innovation

One of Canada’s longstanding digital and economic policy concerns has involved innovation, with fears that the Canadian economy is failing to keep pace with other, more innovative economies. Some point to intellectual property as a critical part of policy equation, arguing that stronger IP laws would help incentivize greater innovation. Economists Nancy Gallini and Aidan Hollis recently released an interesting report for the Institute for Research on Public Policy examining the role of patents a

Oct 22, 2021 • 29:29

Episode 33: “Canadian Patenting is Not Going to Drive Anything” - Aidan Hollis on New Research on Patents and Innovation

One of Canada’s longstanding digital and economic policy concerns has involved innovation, with fears that the Canadian economy is failing to keep pace with other, more innovative economies. Some point to intellectual property as a critical part of policy equation, arguing that stronger IP laws would help incentivize greater innovation. Economists Nancy Gallini and Aidan Hollis recently released an interesting report for the Institute for Research on Public Policy examining the role of patents a

Oct 22, 2021 • 29:29

Episode 32: Reflections from the Open Source Member of Parliament - A Conversation with Ex-MP David Graham

David Graham was not your typical Member of Parliament. A Liberal MP from the Quebec riding of Laurentides-Labelle, Graham brought a background in open source issues to Parliament Hill. Over his four years as an MP, Graham was seemingly everywhere when it came to digital policy. Whether in the House of Commons talking net neutrality, the Industry committee copyright review or the Ethics committee work on privacy, Graham emerged as the rare MP equally at home in the technology and policy worlds.

Oct 22, 2021 • 41:05

Episode 32: Reflections from the Open Source Member of Parliament - A Conversation with Ex-MP David Graham

David Graham was not your typical Member of Parliament. A Liberal MP from the Quebec riding of Laurentides-Labelle, Graham brought a background in open source issues to Parliament Hill. Over his four years as an MP, Graham was seemingly everywhere when it came to digital policy. Whether in the House of Commons talking net neutrality, the Industry committee copyright review or the Ethics committee work on privacy, Graham emerged as the rare MP equally at home in the technology and policy worlds.

Oct 22, 2021 • 41:05

Episode 31: Is Canadian Media in a Financial Crisis? - Marc Edge With a Different Take on What the Data Says

Is the Canadian media in a state of financial crisis? Stories on newspaper closures and journalist layoffs have become frustratingly commonplace in recent years, leading to increasingly vocal calls for policy reforms or public funding measures. But Marc Edge, a longtime journalist, editor, and professor at universities around the world, has studied the state of the industry for years and offers a different take. While he is quick to point out the crisis of journalism given cutbacks, he argues th

Oct 22, 2021 • 24:40

Episode 31: Is Canadian Media in a Financial Crisis? - Marc Edge With a Different Take on What the Data Says

Is the Canadian media in a state of financial crisis? Stories on newspaper closures and journalist layoffs have become frustratingly commonplace in recent years, leading to increasingly vocal calls for policy reforms or public funding measures. But Marc Edge, a longtime journalist, editor, and professor at universities around the world, has studied the state of the industry for years and offers a different take. While he is quick to point out the crisis of journalism given cutbacks, he argues th

Oct 22, 2021 • 24:40

Episode 30: "It's Only Going to Get More Important" - Amanda Wakaruk and Jeremy deBeer on Crown Copyright in Canada

The Canadian copyright review conducted earlier this year heard evidence on a remarkably broad range of issues. One issue that seemed to take committee members by surprise was crown copyright, which captured considerable attention and became the subject of two supplemental opinions from the Conservative and NDP members as well as the basis for a private members bill from NDP MP Brian Masse. Why all the interest in crown copyright? This week’s Lawbytes podcast digs into crown copyright with two g

Oct 22, 2021 • 44:51

Episode 30: "It's Only Going to Get More Important" - Amanda Wakaruk and Jeremy deBeer on Crown Copyright in Canada

The Canadian copyright review conducted earlier this year heard evidence on a remarkably broad range of issues. One issue that seemed to take committee members by surprise was crown copyright, which captured considerable attention and became the subject of two supplemental opinions from the Conservative and NDP members as well as the basis for a private members bill from NDP MP Brian Masse. Why all the interest in crown copyright? This week’s Lawbytes podcast digs into crown copyright with two g

Oct 22, 2021 • 44:51

Episode 29: Partisan Posts, Social Media, and Misinformation - Taylor Owen on What Actually Happened Online in the 2019 Election

Coming into the 2019 federal election, there were widespread concerns regarding disinformation campaigns, foreign interference, social media advertising and manipulation, and fake news. The federal government enacted legislation designed to foster greater transparency on political advertising, but on the heels of elections elsewhere, the prospect of online harms to the electoral process appeared very real. Taylor Owen of McGill University set out to find out what was actually taking place online

Oct 22, 2021 • 40:55

Episode 29: Partisan Posts, Social Media, and Misinformation - Taylor Owen on What Actually Happened Online in the 2019 Election

Coming into the 2019 federal election, there were widespread concerns regarding disinformation campaigns, foreign interference, social media advertising and manipulation, and fake news. The federal government enacted legislation designed to foster greater transparency on political advertising, but on the heels of elections elsewhere, the prospect of online harms to the electoral process appeared very real. Taylor Owen of McGill University set out to find out what was actually taking place online

Oct 22, 2021 • 40:55

Episode 28: The Past, Present and Future of Open Access - A Conversation with Leslie Chan

This week is open access week, an opportunity to celebrate and raise awareness of the emergence and continued growth of open access. Countries have been taking increasingly strong steps toward making their research openly available, with mandates that require researchers who accept public grants to make their published research results freely available online within a reasonable time period. Leslie Chan, a professor at the University of Toronto Scarborough and one of the earliest global leaders

Oct 22, 2021 • 34:55

Episode 28: The Past, Present and Future of Open Access - A Conversation with Leslie Chan

This week is open access week, an opportunity to celebrate and raise awareness of the emergence and continued growth of open access. Countries have been taking increasingly strong steps toward making their research openly available, with mandates that require researchers who accept public grants to make their published research results freely available online within a reasonable time period. Leslie Chan, a professor at the University of Toronto Scarborough and one of the earliest global leaders

Oct 22, 2021 • 34:55

Episode 27: Digital Policy and Election 2019: Laura Tribe of OpenMedia on Where the Parties Stand

Digital issues were expected to garner attention in the 2019 Canadian federal election campaign. Over the course of the past few weeks, all the main political parties have had something to say about the high cost of cellphone prices in Canada and the prospect of implementing new taxes on tech companies. Laura Tribe, the Executive Director of OpenMedia, joined the podcast to talk about election 2019 and digital policies in a conversation that focused on wireless services and Internet taxes as wel

Oct 22, 2021 • 36:40

Episode 27: Digital Policy and Election 2019: Laura Tribe of OpenMedia on Where the Parties Stand

Digital issues were expected to garner attention in the 2019 Canadian federal election campaign. Over the course of the past few weeks, all the main political parties have had something to say about the high cost of cellphone prices in Canada and the prospect of implementing new taxes on tech companies. Laura Tribe, the Executive Director of OpenMedia, joined the podcast to talk about election 2019 and digital policies in a conversation that focused on wireless services and Internet taxes as wel

Oct 22, 2021 • 36:40

Episode 26: There Is No Crisis - Dwayne Winseck on the State of Canadian Communications, Media and Cultural Policy

The future of Canadian communications law has emerged as political hot potato in recent weeks with political parties engaged in finger pointing over who is acting – or failing to act – on issues closely aligned to cultural policy. Just prior to the election call, Dwayne Winseck, a professor at Carleton who has been one of Canada’s most prominent experts on communications and cultural policy, joined the podcast to provide his take on the initial report from the Broadcasting and Telecommunications

Oct 22, 2021 • 32:13

Episode 26: There Is No Crisis - Dwayne Winseck on the State of Canadian Communications, Media and Cultural Policy

The future of Canadian communications law has emerged as political hot potato in recent weeks with political parties engaged in finger pointing over who is acting – or failing to act – on issues closely aligned to cultural policy. Just prior to the election call, Dwayne Winseck, a professor at Carleton who has been one of Canada’s most prominent experts on communications and cultural policy, joined the podcast to provide his take on the initial report from the Broadcasting and Telecommunications

Oct 22, 2021 • 32:13

Ep. 25: The CRTC Decision on Competitive Internet Pricing: A Conversation with George Burger

Last month, Canada’s telecom regulator, the CRTC, issued its final decision in a lengthy battle over the rates that independent Internet providers pay for wholesale access to the broadband networks run by big incumbents such as Bell and Rogers. The Commission slashed previous rates and made its decision retroactive, an approach that sparked anger and lawsuits from the incumbents who are now in Canadian courts seeking to overturn the ruling and stop it from taking effect. Meanwhile, several Canad

Oct 22, 2021 • 40:04

Ep. 25: The CRTC Decision on Competitive Internet Pricing: A Conversation with George Burger

Last month, Canada’s telecom regulator, the CRTC, issued its final decision in a lengthy battle over the rates that independent Internet providers pay for wholesale access to the broadband networks run by big incumbents such as Bell and Rogers. The Commission slashed previous rates and made its decision retroactive, an approach that sparked anger and lawsuits from the incumbents who are now in Canadian courts seeking to overturn the ruling and stop it from taking effect. Meanwhile, several Canad

Oct 22, 2021 • 40:04

Episode 24: A Tribute to Ian Kerr

The first episode of the new season of the Lawbytes podcast is dedicated to my good friend and colleague Ian Kerr, a giant in the law and technology field, who passed away on August 27th after battling complications arising from cancer. Ian’s generosity, warmth, and good humour touched the lives of thousands of people. Whether national privacy commissioners or first-year law students, he made time for everyone, offering encouragement, insight, and a deeply held view that everyone had an opportun

Oct 22, 2021 • 42:44

Episode 24: A Tribute to Ian Kerr

The first episode of the new season of the Lawbytes podcast is dedicated to my good friend and colleague Ian Kerr, a giant in the law and technology field, who passed away on August 27th after battling complications arising from cancer. Ian’s generosity, warmth, and good humour touched the lives of thousands of people. Whether national privacy commissioners or first-year law students, he made time for everyone, offering encouragement, insight, and a deeply held view that everyone had an opportun

Oct 22, 2021 • 42:44

Episode 23: The WIPO BRIP Database - Rick Shera on the MEGA Experience and the Dangers of False IP Claims

The last episode of Season One of the Lawbytes podcast (new episodes will resume in September) returns to WIPO, the World Intellectual Property Organization and its proposed BRIP database. The BRIP database, which stands for Building Respect for Intellectual Property, will be a database of allegedly infringing websites. While some of the details remain sketchy, the basics are that BRIP will be a database of allegedly infringing websites that could be used by advertisers to stop advertising on th

Oct 22, 2021 • 28:04

Episode 23: The WIPO BRIP Database - Rick Shera on the MEGA Experience and the Dangers of False IP Claims

The last episode of Season One of the Lawbytes podcast (new episodes will resume in September) returns to WIPO, the World Intellectual Property Organization and its proposed BRIP database. The BRIP database, which stands for Building Respect for Intellectual Property, will be a database of allegedly infringing websites. While some of the details remain sketchy, the basics are that BRIP will be a database of allegedly infringing websites that could be used by advertisers to stop advertising on th

Oct 22, 2021 • 28:04

Episode 22: Navigating Intermediary Liability for the Internet - A Conversation with Daphne Keller

The question of what responsibility should lie with Internet platforms for the content they host that is posted by their users has been the subject of debate around in the world as politicians, regulators, and the broader public seek to navigate policy choices to combat harmful speech that have implications for freedom of expression, online harms, competition, and innovation. To help sort through the policy options, Daphne Keller, the Director of Intermediary Liability at Stanford’s Center for I

Oct 22, 2021 • 34:30

Episode 22: Navigating Intermediary Liability for the Internet - A Conversation with Daphne Keller

The question of what responsibility should lie with Internet platforms for the content they host that is posted by their users has been the subject of debate around in the world as politicians, regulators, and the broader public seek to navigate policy choices to combat harmful speech that have implications for freedom of expression, online harms, competition, and innovation. To help sort through the policy options, Daphne Keller, the Director of Intermediary Liability at Stanford’s Center for I

Oct 22, 2021 • 34:30

Episode 21: Why Canada Has Some of the Worlds Highest Wireless Data Prices

Canada has a well-earned reputation for some of the highest wireless prices in the world with numerous comparative studies finding that consumers pay relatively high prices for low amounts of data. There are obviously many factors behind pricing, but for many consumers the top line issue is how much does the wireless service cost and how much data do I get? Rewheel Research, a Finland based consultancy, has been at the forefront of pricing comparisons with extensive analysis of  mobile data pric

Oct 22, 2021 • 38:51

Episode 21: Why Canada Has Some of the Worlds Highest Wireless Data Prices

Canada has a well-earned reputation for some of the highest wireless prices in the world with numerous comparative studies finding that consumers pay relatively high prices for low amounts of data. There are obviously many factors behind pricing, but for many consumers the top line issue is how much does the wireless service cost and how much data do I get? Rewheel Research, a Finland based consultancy, has been at the forefront of pricing comparisons with extensive analysis of  mobile data pric

Oct 22, 2021 • 38:51

Episode 20: Why Canadian Universities Should Get Out of the Patent Game - Richard Gold on Canada’s Failed Research Commercialization Strategy

Technology transfer in the university context has emerged as significant policy issue with governments seeking to maximize the benefits of public investment in research at Canadian universities. For example, the Ford government in Ontario recently launched an expert panel on intellectual property squarely focused on the issue that speaks to maximizing commercialization opportunities with an emphasis on intellectual property. But what if maximizing commercialization opportunities does not mean pr

Oct 22, 2021 • 36:34

Episode 20: Why Canadian Universities Should Get Out of the Patent Game - Richard Gold on Canada’s Failed Research Commercialization Strategy

Technology transfer in the university context has emerged as significant policy issue with governments seeking to maximize the benefits of public investment in research at Canadian universities. For example, the Ford government in Ontario recently launched an expert panel on intellectual property squarely focused on the issue that speaks to maximizing commercialization opportunities with an emphasis on intellectual property. But what if maximizing commercialization opportunities does not mean pr

Oct 22, 2021 • 36:34

Episode 19: Canada's Quiet Success Story: Irene Berkowitz on the Canadian YouTube Creative Sector

Canadian Heritage Minister Pablo Rodriguez recently appeared to pre-empt the government’s broadcast and telecommunications legislative review panel in his response to the panel’s interim report. Rodriguez indicated that the government will move to mandate new contributions and Cancon requirements for online services regardless of what the panel recommends. New creators leveraging online platforms don’t typically participate in government consultations, but that doesn’t mean their voice and exper

Oct 22, 2021 • 29:13

Episode 19: Canada's Quiet Success Story: Irene Berkowitz on the Canadian YouTube Creative Sector

Canadian Heritage Minister Pablo Rodriguez recently appeared to pre-empt the government’s broadcast and telecommunications legislative review panel in his response to the panel’s interim report. Rodriguez indicated that the government will move to mandate new contributions and Cancon requirements for online services regardless of what the panel recommends. New creators leveraging online platforms don’t typically participate in government consultations, but that doesn’t mean their voice and exper

Oct 22, 2021 • 29:13

Episode 18: Open to Open Banking?: My Appearance Before the Senate Committee on Banking, Trade and Commerce

Open banking, which is designed to allow customers to easily share data held by their banks with third parties, has been attracting considerable attention in recent months. The Standing Senate Committee on Banking, Trade and Commerce conducted a study on open banking this spring with a report released in late June. I was invited to appear before the committee to discuss regulatory concerns, particularly with respect to privacy and data protection. Given that it is a holiday week in Canada for Ca

Oct 21, 2021 • 35:44

Episode 18: Open to Open Banking?: My Appearance Before the Senate Committee on Banking, Trade and Commerce

Open banking, which is designed to allow customers to easily share data held by their banks with third parties, has been attracting considerable attention in recent months. The Standing Senate Committee on Banking, Trade and Commerce conducted a study on open banking this spring with a report released in late June. I was invited to appear before the committee to discuss regulatory concerns, particularly with respect to privacy and data protection. Given that it is a holiday week in Canada for Ca

Oct 21, 2021 • 35:44

The LawBytes Podcast, Episode 17: What To Do About Huawei? - Christopher Parsons Unpacks One of Canada's Most Challenging Policy Issues

What to do about Huawei? The Chinese telecom giant has emerged as one of Canada’s most challenging policy issues, raising concerns involving competition, communications, security, and trade not to mention kidnappings and arrests of corporate personnel. The government has repeatedly promised to articulate a policy on the use of Huawei equipment in Canada’s next generation wireless networks only to regularly delay doing so. Dr. Christopher Parsons, a senior research associate at the Citizen Lab, t

Oct 21, 2021 • 36:40

The LawBytes Podcast, Episode 17: What To Do About Huawei? - Christopher Parsons Unpacks One of Canada's Most Challenging Policy Issues

What to do about Huawei? The Chinese telecom giant has emerged as one of Canada’s most challenging policy issues, raising concerns involving competition, communications, security, and trade not to mention kidnappings and arrests of corporate personnel. The government has repeatedly promised to articulate a policy on the use of Huawei equipment in Canada’s next generation wireless networks only to regularly delay doing so. Dr. Christopher Parsons, a senior research associate at the Citizen Lab, t

Oct 21, 2021 • 36:40

Episode 16: The Copyright Review Report: Carys Craig on the Roadmap for the Future of Canadian Copyright Law

In December 2017, the Canadian government launched its much-anticipated and much-lobbied review of Canadian copyright law, tasking the Standing Committee on Industry, Science and Technology to lead the way. After months of study and hundreds of witnesses and briefs, the committee released its authoritative report with 36 recommendations earlier this month. Carys Craig, a law professor at Osgoode Hall Law School and one of Canada’s leading copyright law experts, joins the podcast to help sort thr

Oct 21, 2021 • 38:08

Episode 16: The Copyright Review Report: Carys Craig on the Roadmap for the Future of Canadian Copyright Law

In December 2017, the Canadian government launched its much-anticipated and much-lobbied review of Canadian copyright law, tasking the Standing Committee on Industry, Science and Technology to lead the way. After months of study and hundreds of witnesses and briefs, the committee released its authoritative report with 36 recommendations earlier this month. Carys Craig, a law professor at Osgoode Hall Law School and one of Canada’s leading copyright law experts, joins the podcast to help sort thr

Oct 21, 2021 • 38:08

Episode 15: Cows, Cars, and Copyright: A Conversation With Myra Tawfik on the IP Concerns With Implementing Canada-US-Mexico Trade Deal

The new NAFTA – dubbed the USMCA or CUSMA depending on where you live – took a significant step forward recently with the introduction of Canadian legislation designed to ratify the treaty. The economic implications of the agreement are enormous, particularly with respect to digital issues and intellectual property. Myra Tawfik, a law professor at the University of Windsor and Senior Fellow with CIGI, joins the podcast this week to discuss Canada’s longstanding history of facing external pressur

Oct 21, 2021 • 35:45

Episode 15: Cows, Cars, and Copyright: A Conversation With Myra Tawfik on the IP Concerns With Implementing Canada-US-Mexico Trade Deal

The new NAFTA – dubbed the USMCA or CUSMA depending on where you live – took a significant step forward recently with the introduction of Canadian legislation designed to ratify the treaty. The economic implications of the agreement are enormous, particularly with respect to digital issues and intellectual property. Myra Tawfik, a law professor at the University of Windsor and Senior Fellow with CIGI, joins the podcast this week to discuss Canada’s longstanding history of facing external pressur

Oct 21, 2021 • 35:45

Episode 14: Big Data, Privacy and Democracy: A Conversation With Nathaniel Erskine-Smith on the International Grand Committee

The debate over big data, privacy and its implications for democracy came to Ottawa last week as the International Grand Committee brought together the world’s biggest technology companies, politicians from around the world, and leading thinkers. Liberal MP Nathaniel Erskine-Smith, the Vice-Chair of the Standing Committee on Access to Information, Privacy, and Ethics joins the podcast this week to reflect on the three days of hearings, the prospect for global reforms, and what comes next for the

Oct 21, 2021 • 40:19

Episode 14: Big Data, Privacy and Democracy: A Conversation With Nathaniel Erskine-Smith on the International Grand Committee

The debate over big data, privacy and its implications for democracy came to Ottawa last week as the International Grand Committee brought together the world’s biggest technology companies, politicians from around the world, and leading thinkers. Liberal MP Nathaniel Erskine-Smith, the Vice-Chair of the Standing Committee on Access to Information, Privacy, and Ethics joins the podcast this week to reflect on the three days of hearings, the prospect for global reforms, and what comes next for the

Oct 21, 2021 • 40:19

Episode 13: Digital Charter or Chart: A Conversation With Teresa Scassa on Canada’s New Digital Charter

Years of public consultation on Canadian digital policy hit an important milestone last week as Innovation, Science and Economic Development Minister Navdeep Bains released the government’s Digital Charter. Canada’s Digital Charter touches on a wide range of issues, covering everything from universal Internet access to privacy law reform. To help sort through the digital charter and its implications, I’m joined on the podcast this week by Professor Teresa Scassa, a law professor at the Universit

Oct 21, 2021 • 38:51

Episode 13: Digital Charter or Chart: A Conversation With Teresa Scassa on Canada’s New Digital Charter

Years of public consultation on Canadian digital policy hit an important milestone last week as Innovation, Science and Economic Development Minister Navdeep Bains released the government’s Digital Charter. Canada’s Digital Charter touches on a wide range of issues, covering everything from universal Internet access to privacy law reform. To help sort through the digital charter and its implications, I’m joined on the podcast this week by Professor Teresa Scassa, a law professor at the Universit

Oct 21, 2021 • 38:51

Episode 12: The Past, Present and Future of Open Access to Law

The free and open access to law movement is devoted to providing free and open online access to legal information. This includes case law, legislation, treaties, law reform proposals and legal scholarship. This week’s Lawbytes podcast highlights perspectives on free and open access to law from Australia and Canada. During a recent trip to Australia, I spoke with Professor Graham Greenleaf, one of the pioneers of the movement, who co-founded AustLII, the Australasian Legal Information Institute.

Oct 21, 2021 • 44:24

Episode 12: The Past, Present and Future of Open Access to Law

The free and open access to law movement is devoted to providing free and open online access to legal information. This includes case law, legislation, treaties, law reform proposals and legal scholarship. This week’s Lawbytes podcast highlights perspectives on free and open access to law from Australia and Canada. During a recent trip to Australia, I spoke with Professor Graham Greenleaf, one of the pioneers of the movement, who co-founded AustLII, the Australasian Legal Information Institute.

Oct 21, 2021 • 44:24

Episode 11: Reinterpreting Canadian Privacy Law - David Fraser On Cross-Border Data Transfers, the Right to De-Index, and the Facebook Investigation

Daniel Therrien, the Privacy Commissioner in Canada, is in the courts battling Google over a right to de-index. He’s calling for order making after Facebook declined to abide by his recommendations. And he’s embarked on a dramatic re-interpretation of the law premised on incorporating new consent requirements into cross-border data transfers. David Fraser, one of Canada’s leading privacy experts, joins the podcast to provide an update on the recent Canadian privacy law developments and their imp

Oct 21, 2021 • 35:54

Episode 11: Reinterpreting Canadian Privacy Law - David Fraser On Cross-Border Data Transfers, the Right to De-Index, and the Facebook Investigation

Daniel Therrien, the Privacy Commissioner in Canada, is in the courts battling Google over a right to de-index. He’s calling for order making after Facebook declined to abide by his recommendations. And he’s embarked on a dramatic re-interpretation of the law premised on incorporating new consent requirements into cross-border data transfers. David Fraser, one of Canada’s leading privacy experts, joins the podcast to provide an update on the recent Canadian privacy law developments and their imp

Oct 21, 2021 • 35:54

Episode 10: Lowdown on Lawsuits - James Plotkin on Copyright Threats, Notices, and Lawsuits

Copyright threats and lawsuits against individuals have been around in Canada since 2004, when they were rejected by the federal court. Those threats receded for about a decade, but now they’re back. Copyright notices, litigation threats, settlement demands, and actual lawsuits have re-emerged at the very time that the music and movie industries are experiencing record music streaming revenues in Canada and massive popularity of online video services. James Plotkin, a lawyer with Caza Saikaley i

Oct 20, 2021 • 39:10

Episode 10: Lowdown on Lawsuits - James Plotkin on Copyright Threats, Notices, and Lawsuits

Copyright threats and lawsuits against individuals have been around in Canada since 2004, when they were rejected by the federal court. Those threats receded for about a decade, but now they’re back. Copyright notices, litigation threats, settlement demands, and actual lawsuits have re-emerged at the very time that the music and movie industries are experiencing record music streaming revenues in Canada and massive popularity of online video services. James Plotkin, a lawyer with Caza Saikaley i

Oct 20, 2021 • 39:10

Episode 9: The CRTC Watcher - A Conversation with FRPCs Monica Auer

Many Canadians follow telecommunications and broadcast issues at the CRTC from a distance – the cost of wireless services, the speed of their Internet access, the availability of broadcasting choice. Others engage more closely on issues such as net neutrality, Cancon regulation, or Netflix taxes. But there is one Canadian who doesn’t just follow the CRTC.  She watches it through the use of access to information laws that present a perspective on the CRTC that would otherwise remain hidden from v

Oct 20, 2021 • 36:37

Episode 9: The CRTC Watcher - A Conversation with FRPCs Monica Auer

Many Canadians follow telecommunications and broadcast issues at the CRTC from a distance – the cost of wireless services, the speed of their Internet access, the availability of broadcasting choice. Others engage more closely on issues such as net neutrality, Cancon regulation, or Netflix taxes. But there is one Canadian who doesn’t just follow the CRTC.  She watches it through the use of access to information laws that present a perspective on the CRTC that would otherwise remain hidden from v

Oct 20, 2021 • 36:37

Episode 8: LawBytes Lecture - What the Canadian Experience Teaches About the Future of Copyright Reform

Earlier this spring, I delivered a keynote address at the Australian Digital Alliance’s 2019 Copyright Forum. The ADA is a leading voice on copyright issues in Australia and its annual Copyright Forum brings together government, creators, education, libraries, and the broader public to explore copyright issues. Coming off a holiday weekend with many celebrating Easter or Passover, this week’s Lawbytes podcast takes a different approach with a Lawbytes lecture, an audio recording of the ADA keyno

Oct 20, 2021 • 49:26

Episode 8: LawBytes Lecture - What the Canadian Experience Teaches About the Future of Copyright Reform

Earlier this spring, I delivered a keynote address at the Australian Digital Alliance’s 2019 Copyright Forum. The ADA is a leading voice on copyright issues in Australia and its annual Copyright Forum brings together government, creators, education, libraries, and the broader public to explore copyright issues. Coming off a holiday weekend with many celebrating Easter or Passover, this week’s Lawbytes podcast takes a different approach with a Lawbytes lecture, an audio recording of the ADA keyno

Oct 20, 2021 • 49:26

Episode 7: What if Copyright Law took Authors Rights Seriously? A Conversation with Professor Rebecca Giblin

What if copyright law took authors rights seriously?  Many groups claim to do so, but Professor Rebecca Giblin, one of the world’s leading experts on creator copyright, isn’t convinced. Professor Giblin argues that creators are often placed at the centre of the debate only to be largely ignored by other stakeholders. Professor Giblin joins this week’s Lawbytes podcast to talk about her Author’s Interest Project, the latest data, and why Canadian artist Bryan Adams may be on to something when it

Oct 20, 2021 • 36:42

Episode 7: What if Copyright Law took Authors Rights Seriously? A Conversation with Professor Rebecca Giblin

What if copyright law took authors rights seriously?  Many groups claim to do so, but Professor Rebecca Giblin, one of the world’s leading experts on creator copyright, isn’t convinced. Professor Giblin argues that creators are often placed at the centre of the debate only to be largely ignored by other stakeholders. Professor Giblin joins this week’s Lawbytes podcast to talk about her Author’s Interest Project, the latest data, and why Canadian artist Bryan Adams may be on to something when it

Oct 20, 2021 • 36:42

Episode 6: “A Dangerous Game to Play:” A Former CRTC Vice-Chair Speaks Out on the Commission Plan to Regulate and Tax the Internet

For the better part of two decades, Canadian cultural groups have been pressing Canada’s telecom and broadcast regulator, the CRTC, to regulate and tax the Internet. The CRTC and successive governments consistently rejected the Internet regulation drumbeat, citing obvious differences with broadcast, competing public policy objectives such as affordable access, and the benefits of competition. That changed last year when the CRTC released Harnessing Change: The Future of Programming Distribution

Oct 20, 2021 • 28:58

Episode 6: “A Dangerous Game to Play:” A Former CRTC Vice-Chair Speaks Out on the Commission Plan to Regulate and Tax the Internet

For the better part of two decades, Canadian cultural groups have been pressing Canada’s telecom and broadcast regulator, the CRTC, to regulate and tax the Internet. The CRTC and successive governments consistently rejected the Internet regulation drumbeat, citing obvious differences with broadcast, competing public policy objectives such as affordable access, and the benefits of competition. That changed last year when the CRTC released Harnessing Change: The Future of Programming Distribution

Oct 20, 2021 • 28:58

Episode 5: A Huge Threat to How the Internet Functions Now

Most treaties are negotiated behind closed doors with no text made available until after a deal has been reached. Yet there is a treaty with enormous implications for the Internet, copyright, and broadcasting that has been hidden in plain sight for the better part of two decades. This week, the World Intellectual Property Organization resumes discussions in Geneva on a proposed Broadcasting Treaty. To introduce WIPO, the proposed treaty, and its implications, Jamie Love of Knowledge Ecology Inte

Oct 20, 2021 • 31:09

Episode 5: A Huge Threat to How the Internet Functions Now

Most treaties are negotiated behind closed doors with no text made available until after a deal has been reached. Yet there is a treaty with enormous implications for the Internet, copyright, and broadcasting that has been hidden in plain sight for the better part of two decades. This week, the World Intellectual Property Organization resumes discussions in Geneva on a proposed Broadcasting Treaty. To introduce WIPO, the proposed treaty, and its implications, Jamie Love of Knowledge Ecology Inte

Oct 20, 2021 • 31:09

Episode 4: Going Inside Canada's Copyright Review

The House of Commons Standing Committee on Industry, Science and Technology has spent the past year reviewing the state of Canadian copyright law. The review, which is scheduled to result in a report with recommendations for potential reforms, featured hundreds of witnesses representing a wide range of views. To introduce some of the issues and provide some insight into how the review process functions, this week’s LawBytes podcast relies on the audio recording of my committee appearance in Dece

Oct 20, 2021 • 27:51

Episode 4: Going Inside Canada's Copyright Review

The House of Commons Standing Committee on Industry, Science and Technology has spent the past year reviewing the state of Canadian copyright law. The review, which is scheduled to result in a report with recommendations for potential reforms, featured hundreds of witnesses representing a wide range of views. To introduce some of the issues and provide some insight into how the review process functions, this week’s LawBytes podcast relies on the audio recording of my committee appearance in Dece

Oct 20, 2021 • 27:51

Episode 3: The Least They Can Get Away With

Earlier this month, Innovation, Science and Economic Development Minister Navdeep Bains took his most significant policy step to date to put his stamp on the Canadian telecom sector by issuing a proposed policy direction to the CRTC based on competition, affordability, consumer interests, and innovation. To help sort through the policy direction, the state of the Canadian telecom market, the role of independent companies that rely on regulated wholesale access, and lingering frustration with the

Oct 20, 2021 • 32:07

Episode 3: The Least They Can Get Away With

Earlier this month, Innovation, Science and Economic Development Minister Navdeep Bains took his most significant policy step to date to put his stamp on the Canadian telecom sector by issuing a proposed policy direction to the CRTC based on competition, affordability, consumer interests, and innovation. To help sort through the policy direction, the state of the Canadian telecom market, the role of independent companies that rely on regulated wholesale access, and lingering frustration with the

Oct 20, 2021 • 32:07

Episode 2: It’s Time to Modernize the Laws

The first full length episode of the new LawBytes podcast features a conversation with UK Information Commissioner Elizabeth Denham, who leads the high profile investigation into Facebook and Cambridge Analytica. Denham, who previously served as Assistant Commissioner with the federal privacy office and as the British Columbia Information and Privacy Commissioner, reflected on her years in Canada, particularly the Canadian Facebook investigation and concerns with the Google Buzz service. Denham

Oct 20, 2021 • 26:24

Episode 2: It’s Time to Modernize the Laws

The first full length episode of the new LawBytes podcast features a conversation with UK Information Commissioner Elizabeth Denham, who leads the high profile investigation into Facebook and Cambridge Analytica. Denham, who previously served as Assistant Commissioner with the federal privacy office and as the British Columbia Information and Privacy Commissioner, reflected on her years in Canada, particularly the Canadian Facebook investigation and concerns with the Google Buzz service. Denham

Oct 20, 2021 • 26:24

Episode 1: Welcome to LawBytes

In recent years the intersection between law, technology, and policy has exploded as digital policy has become a mainstream concern in Canada and around the world. I am very excited to announce the launch of LawBytes: A Podcast with Michael Geist. This podcast will explore digital policies in conversations with people studying the legal and policy challenges, setting the rules, or who are experts in the field. It will provide a Canadian perspective, but since the internet is global, examining in

Oct 20, 2021 • 2:24

Episode 1: Welcome to LawBytes

In recent years the intersection between law, technology, and policy has exploded as digital policy has become a mainstream concern in Canada and around the world. I am very excited to announce the launch of LawBytes: A Podcast with Michael Geist. This podcast will explore digital policies in conversations with people studying the legal and policy challenges, setting the rules, or who are experts in the field. It will provide a Canadian perspective, but since the internet is global, examining in

Oct 20, 2021 • 2:24

Episode 98: Kim Nayyer on the Supreme Court of Canada's Landmark Access Copyright v. York University Copyright Ruling

The Supreme Court of Canada recently brought a lengthy legal battle between Access Copyright and York University to an end, issuing a unanimous verdict written by retiring Justice Rosalie Abella that resoundingly rejected the copyright collective’s claims that its tariff is mandatory, finding that it had no standing to file a lawsuit for copyright infringement on behalf of its members, and concluding that a lower court fair dealing analysis that favoured Access Copyright was tainted. The decisio

Oct 19, 2021 • 37:47

Episode 98: Kim Nayyer on the Supreme Court of Canada's Landmark Access Copyright v. York University Copyright Ruling

The Supreme Court of Canada recently brought a lengthy legal battle between Access Copyright and York University to an end, issuing a unanimous verdict written by retiring Justice Rosalie Abella that resoundingly rejected the copyright collective’s claims that its tariff is mandatory, finding that it had no standing to file a lawsuit for copyright infringement on behalf of its members, and concluding that a lower court fair dealing analysis that favoured Access Copyright was tainted. The decisio

Oct 19, 2021 • 37:47

Episode 84: Dwayne Winseck and Ben Klass on Canada's Wireless Woes

Last week was a busy one in the wireless world in Canada. Just as people were debating the proposed Rogers – Shaw merger, the CRTC released its long awaited wireless decision involving the possibility of mandated MVNOs or mobile virtual network operators. While the CRTC notably concluded that Canadian wireless pricing is high relative to other countries and attributed that to insufficient competition, it ultimately was unwilling to fully embrace a broad-based mandated MVNO model. To help break d

Oct 19, 2021 • 38:41

Episode 84: Dwayne Winseck and Ben Klass on Canada's Wireless Woes

Last week was a busy one in the wireless world in Canada. Just as people were debating the proposed Rogers – Shaw merger, the CRTC released its long awaited wireless decision involving the possibility of mandated MVNOs or mobile virtual network operators. While the CRTC notably concluded that Canadian wireless pricing is high relative to other countries and attributed that to insufficient competition, it ultimately was unwilling to fully embrace a broad-based mandated MVNO model. To help break d

Oct 19, 2021 • 38:41

Episode 85: Céline Castets-Renard on Europe's Plan to Regulate Artificial Intelligence

Last week, the European Commission launched what promises to be a global, multi-year debate on the regulation of artificial intelligence. Several years in development, the proposed rules would ban some uses of AI, regulate others, and establish significant penalties for those that fail to abide by the rules. European leaders believe the initiative will place them at the forefront of AI, borrowing from the data protection framework of seeking to export EU solutions to the rest of the world. Célin

Oct 19, 2021 • 31:31

Episode 85: Céline Castets-Renard on Europe's Plan to Regulate Artificial Intelligence

Last week, the European Commission launched what promises to be a global, multi-year debate on the regulation of artificial intelligence. Several years in development, the proposed rules would ban some uses of AI, regulate others, and establish significant penalties for those that fail to abide by the rules. European leaders believe the initiative will place them at the forefront of AI, borrowing from the data protection framework of seeking to export EU solutions to the rest of the world. Célin

Oct 19, 2021 • 31:31

Episode 86: CCLA's Cara Zwibel on the Free Speech Risks of Bill C-10 and the Guilbeault Internet Plan

The public debate on Bill C-10 recently took a dramatic turn after the government unexpectedly removed legal safeguards designed to ensure the CRTC would not regulate user generated content. The resulting backlash has left political columnists comparing Canada to China in censoring the Internet, opposition MPs launching petitions with promises to fight back against the bill, and Canadian Heritage Minister Steven Guilbeault struggling to coherently answer questions about his own bill. Cara Zwibel

Oct 19, 2021 • 27:34

Episode 86: CCLA's Cara Zwibel on the Free Speech Risks of Bill C-10 and the Guilbeault Internet Plan

The public debate on Bill C-10 recently took a dramatic turn after the government unexpectedly removed legal safeguards designed to ensure the CRTC would not regulate user generated content. The resulting backlash has left political columnists comparing Canada to China in censoring the Internet, opposition MPs launching petitions with promises to fight back against the bill, and Canadian Heritage Minister Steven Guilbeault struggling to coherently answer questions about his own bill. Cara Zwibel

Oct 19, 2021 • 27:34

Episode 87: What You Need to Know About Bill C-10

This past week Bill C-10, Internet free speech, and the government’s digital policy agenda went mainstream as a lead topic in government, the media, and among many Canadians. This week’s Law Bytes podcast departs from the standard format as I explain why the bill has suddenly become a hot topic, how the government has been inconsistent and at times incoherent in its attempts to justify the bill, and why the concerns regarding freedom of speech and CRTC over-regulation are absolutely justified. T

Oct 19, 2021 • 23:27

Episode 87: What You Need to Know About Bill C-10

This past week Bill C-10, Internet free speech, and the government’s digital policy agenda went mainstream as a lead topic in government, the media, and among many Canadians. This week’s Law Bytes podcast departs from the standard format as I explain why the bill has suddenly become a hot topic, how the government has been inconsistent and at times incoherent in its attempts to justify the bill, and why the concerns regarding freedom of speech and CRTC over-regulation are absolutely justified. T

Oct 19, 2021 • 23:27

Episode 88: Ellen 'T Hoen on Waiving Patents to Support Global Access to COVID Vaccines

The global struggle for access to COVID-19 vaccines took a dramatic turn recently as the Biden Administration in the United States unexpectedly reversed its longstanding opposition to a patent waiver designed to facilitate access to vaccines in the developing world. The shift seemingly caught many by surprise. Pharmaceutical companies were quick to voice opposition and U.S. allies found themselves being asked to take positions. That was certainly the case in Canada, where the Canadian government

Oct 19, 2021 • 26:21

Episode 88: Ellen 'T Hoen on Waiving Patents to Support Global Access to COVID Vaccines

The global struggle for access to COVID-19 vaccines took a dramatic turn recently as the Biden Administration in the United States unexpectedly reversed its longstanding opposition to a patent waiver designed to facilitate access to vaccines in the developing world. The shift seemingly caught many by surprise. Pharmaceutical companies were quick to voice opposition and U.S. allies found themselves being asked to take positions. That was certainly the case in Canada, where the Canadian government

Oct 19, 2021 • 26:21

Episode 90: Fenwick McKelvey on Bill C-10, Discoverability and the Missing Representation of a New Generation of Canadian Creators

Weeks into a high profile debate over Bill C-10, the issue of discoverability of Canadian content has emerged as a policy tug of war between supporters that want the CRTC to intervene by mandating the discoverability of Canadian content on sites such as Youtube and Tiktok and critics that argue the approach would raise significant freedom of expression and net neutrality concerns. But what exactly is “discoverability” and how would it impact both users and the thousands of Canadian creators that

Oct 19, 2021 • 29:52

Episode 90: Fenwick McKelvey on Bill C-10, Discoverability and the Missing Representation of a New Generation of Canadian Creators

Weeks into a high profile debate over Bill C-10, the issue of discoverability of Canadian content has emerged as a policy tug of war between supporters that want the CRTC to intervene by mandating the discoverability of Canadian content on sites such as Youtube and Tiktok and critics that argue the approach would raise significant freedom of expression and net neutrality concerns. But what exactly is “discoverability” and how would it impact both users and the thousands of Canadian creators that

Oct 19, 2021 • 29:52

Episode 91: "This is No Way to Regulate" - Former CRTC Chair Konrad von Finckenstein Speaks Out on the CRTC and Bill C-10

Communications issues have been in the political spotlight in recent weeks with the controversial CRTC decision to reverse a pricing decision on wholesale broadband that swiftly led to calls for the resignation of Commission Chair Ian Scott as well as the ongoing battle over Bill C-10, which envisions granting extensive new powers to the CRTC. Konrad von Finckenstein is a former chair of the CRTC, having led the Commission during a similarly contentious time during debates over net neutrality. H

Oct 19, 2021 • 32:48

Episode 91: "This is No Way to Regulate" - Former CRTC Chair Konrad von Finckenstein Speaks Out on the CRTC and Bill C-10

Communications issues have been in the political spotlight in recent weeks with the controversial CRTC decision to reverse a pricing decision on wholesale broadband that swiftly led to calls for the resignation of Commission Chair Ian Scott as well as the ongoing battle over Bill C-10, which envisions granting extensive new powers to the CRTC. Konrad von Finckenstein is a former chair of the CRTC, having led the Commission during a similarly contentious time during debates over net neutrality. H

Oct 19, 2021 • 32:48

Episode 92: A Conversation with Senator Paula Simons on Copyright, the Internet and the Future of Media in Canada

Earlier this year, Senator Claude Carignan introduced Bill S-225, a bill that purports to address concerns about the viability of the Canadian media sector by amending the Copyright Act. The Senate has been studying the bill in recent weeks with Senator Paula Simons serving as the bill critic and one of the leads on the issue. Senator Simons was a longtime journalist before being appointed to the Senate and while an ardent supporter of local journalism, she has been critical of the proposed legi

Oct 19, 2021 • 46:05

Episode 92: A Conversation with Senator Paula Simons on Copyright, the Internet and the Future of Media in Canada

Earlier this year, Senator Claude Carignan introduced Bill S-225, a bill that purports to address concerns about the viability of the Canadian media sector by amending the Copyright Act. The Senate has been studying the bill in recent weeks with Senator Paula Simons serving as the bill critic and one of the leads on the issue. Senator Simons was a longtime journalist before being appointed to the Senate and while an ardent supporter of local journalism, she has been critical of the proposed legi

Oct 19, 2021 • 46:05

Episode 93: Lex Gill on the RCMP, Clearview AI and Canada's History of Surveillance

Earlier this month, the Privacy Commissioner of Canada released a scathing report on the RCMP’s use of facial recognition technology, particularly its work with Clearview AI. The report was particularly damaging as the Commissioner found that the RCMP wasn’t truthful when it said it didn’t work with Clearview AI and then gave inaccurate information on the number of uses when it was revealed that it did. In fact, even after these findings, the RCMP still rejected the Privacy Commissioner’s findin

Oct 19, 2021 • 35:32

Episode 93: Lex Gill on the RCMP, Clearview AI and Canada's History of Surveillance

Earlier this month, the Privacy Commissioner of Canada released a scathing report on the RCMP’s use of facial recognition technology, particularly its work with Clearview AI. The report was particularly damaging as the Commissioner found that the RCMP wasn’t truthful when it said it didn’t work with Clearview AI and then gave inaccurate information on the number of uses when it was revealed that it did. In fact, even after these findings, the RCMP still rejected the Privacy Commissioner’s findin

Oct 19, 2021 • 35:32

Episode 94: Former CRTC Vice Chair Peter Menzies Reflects on the Battle over Bill C-10

The Liberal government strategy to push through Bill C-10 bore fruit last week as the controversial Broadcasting Act reform bill, received House of Commons approval at 1:30 am on Tuesday morning. Bill C-10 proceeded to receive first reading in the Senate later that same day and after a series of Senate maneuvers, received second reading from Senator Dennis Dawson the following day. That sparked Senate debate in which everyone seemed to agree that the bill requires significant study and should no

Oct 19, 2021 • 39:38

Episode 94: Former CRTC Vice Chair Peter Menzies Reflects on the Battle over Bill C-10

The Liberal government strategy to push through Bill C-10 bore fruit last week as the controversial Broadcasting Act reform bill, received House of Commons approval at 1:30 am on Tuesday morning. Bill C-10 proceeded to receive first reading in the Senate later that same day and after a series of Senate maneuvers, received second reading from Senator Dennis Dawson the following day. That sparked Senate debate in which everyone seemed to agree that the bill requires significant study and should no

Oct 19, 2021 • 39:38

Episode 95: Mark Phillips on the Federal Court of Canada's Right to be Forgotten Ruling

Several years ago, the Privacy Commissioner of Canada filed a reference with the federal court in a case that was billed as settling the “right to be forgotten” privacy issue. That may have overstated matters, but the case did address a far more basic question on whether the privacy law applies to Google’s search engine service when it indexes webpages and presents search results in response to searches of an individual’s name. Earlier this month, the federal court released its decision, conclud

Oct 19, 2021 • 35:25

Episode 95: Mark Phillips on the Federal Court of Canada's Right to be Forgotten Ruling

Several years ago, the Privacy Commissioner of Canada filed a reference with the federal court in a case that was billed as settling the “right to be forgotten” privacy issue. That may have overstated matters, but the case did address a far more basic question on whether the privacy law applies to Google’s search engine service when it indexes webpages and presents search results in response to searches of an individual’s name. Earlier this month, the federal court released its decision, conclud

Oct 19, 2021 • 35:25

Episode 96: More Harm Than Good - My Appearance Before the Senate Transport Committee on a Copyright Bill to Support Media Organizations

Bill S-225, Senator Claude Carignan’s copyright bill, would create a new compensation scheme for media organizations by establishing a new collective rights system for the use of news articles on digital platforms. It may not become law, but it has sparked considerable discussion within the Senate on the issue of media and Internet platforms. In fact, while the digital policy world was focused on Bill C-10, last month the Senate Standing Committee on Transport and Communications held hearings on

Oct 19, 2021 • 21:13

Episode 96: More Harm Than Good - My Appearance Before the Senate Transport Committee on a Copyright Bill to Support Media Organizations

Bill S-225, Senator Claude Carignan’s copyright bill, would create a new compensation scheme for media organizations by establishing a new collective rights system for the use of news articles on digital platforms. It may not become law, but it has sparked considerable discussion within the Senate on the issue of media and Internet platforms. In fact, while the digital policy world was focused on Bill C-10, last month the Senate Standing Committee on Transport and Communications held hearings on

Oct 19, 2021 • 21:13

Episode 97: John Lawford on Why the CRTC Should Take Action on Inadequate Low-Cost Wireless Plans

The CRTC’s wireless decision earlier this year dubbed the “MVN-no” decision given its very limited opening to mobile virtual network operators in Canada sparked widespread frustration with the Commission. That decision included one less discussed element, however, namely the expectation that the major wireless carriers would introduce low-cost plans to ensure connectivity for low-income Canadians. Those plans were recently introduced, but John Lawford, the Executive Director and General Counsel

Oct 19, 2021 • 26:52

Episode 97: John Lawford on Why the CRTC Should Take Action on Inadequate Low-Cost Wireless Plans

The CRTC’s wireless decision earlier this year dubbed the “MVN-no” decision given its very limited opening to mobile virtual network operators in Canada sparked widespread frustration with the Commission. That decision included one less discussed element, however, namely the expectation that the major wireless carriers would introduce low-cost plans to ensure connectivity for low-income Canadians. Those plans were recently introduced, but John Lawford, the Executive Director and General Counsel

Oct 19, 2021 • 26:52

Episode 103: Privacy Reform Comes to Canada - Chantal Bernier on the Passage of Quebec's Bill 64

Privacy reform in Canada has lagged at the federal level with the efforts to update PIPEDA seemingly going nowhere, but multiple provinces have moved ahead with amending their own laws. Quebec leads the way as late last month it quietly passed Bill 64, a major privacy reform package that reflects – and even goes beyond – many emerging international privacy law standards. Chantal Bernier, the former interim privacy commissioner of Canada, now leads the Dentons law firm’s Canadian Privacy and Cybe

Oct 4, 2021 • 32:15

Episode 103: Privacy Reform Comes to Canada - Chantal Bernier on the Passage of Quebec's Bill 64

Privacy reform in Canada has lagged at the federal level with the efforts to update PIPEDA seemingly going nowhere, but multiple provinces have moved ahead with amending their own laws. Quebec leads the way as late last month it quietly passed Bill 64, a major privacy reform package that reflects – and even goes beyond – many emerging international privacy law standards. Chantal Bernier, the former interim privacy commissioner of Canada, now leads the Dentons law firm’s Canadian Privacy and Cybe

Oct 4, 2021 • 32:15

Episode 102: Colleen Flood on the Legal, Ethical and Policy Implications of Vaccine Passports

Vaccine passports or certificates launched in Ontario last week, a development welcomed by some and strongly opposed by others. The launch raises a myriad of legal, ethical, privacy, and policy issues as jurisdictions around the world grapple with the continued global pandemic and the unusual requirements of demonstrating vaccination in order to enter some public or private spaces. Professor Colleen Flood, a colleague at the University of Ottawa, has been writing and thinking about these issues

Sep 27, 2021 • 33:06

Episode 102: Colleen Flood on the Legal, Ethical and Policy Implications of Vaccine Passports

Vaccine passports or certificates launched in Ontario last week, a development welcomed by some and strongly opposed by others. The launch raises a myriad of legal, ethical, privacy, and policy issues as jurisdictions around the world grapple with the continued global pandemic and the unusual requirements of demonstrating vaccination in order to enter some public or private spaces. Professor Colleen Flood, a colleague at the University of Ottawa, has been writing and thinking about these issues

Sep 27, 2021 • 33:06

Episode 101: OpenMedia's Laura Tribe on Digital Policy and the 2021 Canadian Election

It is election day in Canada following a late summer campaign in which the focus was largely anything but digital issues: COVID, climate change, Afghanistan, and affordability all dominated the daily talking points. The digital policy issues that grabbed attention throughout the spring – Bill C-10, online harms, wireless pricing – were largely absent from the discussion and in some cases even from party platforms. Laura Tribe, the executive director of OpenMedia, joins the Law Bytes podcast to d

Sep 20, 2021 • 43:08

Episode 101: OpenMedia's Laura Tribe on Digital Policy and the 2021 Canadian Election

It is election day in Canada following a late summer campaign in which the focus was largely anything but digital issues: COVID, climate change, Afghanistan, and affordability all dominated the daily talking points. The digital policy issues that grabbed attention throughout the spring – Bill C-10, online harms, wireless pricing – were largely absent from the discussion and in some cases even from party platforms. Laura Tribe, the executive director of OpenMedia, joins the Law Bytes podcast to d

Sep 20, 2021 • 43:08

Episode 100: David Vaver With a Masterclass on Copyright and User Rights

The role of the public and the public interest has factored prominently into many of the Law Bytes podcast conversations. For the 100th episode, Osgoode Hall Law School Professor David Vaver, widely viewed as Canada’s leading IP expert, joins the podcast. The recipient of the Order of Canada, Professor Vaver provided the scholarly grounding for the emergence of user rights in copyright in Canada and around the world. In this episode, he gives a masterclass on the history of copyright, the emerge

Sep 13, 2021 • 1:09:46

Episode 100: David Vaver With a Masterclass on Copyright and User Rights

The role of the public and the public interest has factored prominently into many of the Law Bytes podcast conversations. For the 100th episode, Osgoode Hall Law School Professor David Vaver, widely viewed as Canada’s leading IP expert, joins the podcast. The recipient of the Order of Canada, Professor Vaver provided the scholarly grounding for the emergence of user rights in copyright in Canada and around the world. In this episode, he gives a masterclass on the history of copyright, the emerge

Sep 13, 2021 • 1:09:46

Episode 99: "They Just Seemed Not to Listen to Any of Us" - Cynthia Khoo on the Canadian Government's Online Harms Consultation

Late last month – just weeks prior the national election call – Canadian Heritage Minister Steven Guilbeault released plans for online harms legislation with a process  that was billed as a consultation, but that is probably better characterized as an advisory notice, since there are few questions, options or apparent interest in hearing what Canadians think of the plans. Those plans include the creation of a bureaucratic super-structure that featuring a new Digital Safety Commission, a digital

Aug 23, 2021 • 44:47

Episode 99: "They Just Seemed Not to Listen to Any of Us" - Cynthia Khoo on the Canadian Government's Online Harms Consultation

Late last month – just weeks prior the national election call – Canadian Heritage Minister Steven Guilbeault released plans for online harms legislation with a process  that was billed as a consultation, but that is probably better characterized as an advisory notice, since there are few questions, options or apparent interest in hearing what Canadians think of the plans. Those plans include the creation of a bureaucratic super-structure that featuring a new Digital Safety Commission, a digital

Aug 23, 2021 • 44:47