Law Bytes

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 trust deficit? Erin Millar wears several hats including as the CEO & Co-founder of Indiegraf and the interim board chair of the Canadian Journalism Collective, the collective that was picked by Google to administer the $100 million distribution. She joins the Law Bytes podcast in a personal capacity to talk about the latest Bill C-18 developments and what measures might help address trust in Canadian media.

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 between unlawful and so-called awful but lawful content, the role and responsibility of pornography platforms, and alternatives to the S-210 reliance on blocking and age verification technologies. That gap in the debate has now been filled by Professor Elaine Craig of the Schulich School of Law at Dalhousie University in her new book, Mainstreaming Porn. Professor Craig joins the Law Bytes podcast to discuss the book, the massive influence of porn platforms, the problems with Bill S-210, and the legal mechanisms she thinks would best address the issue . 

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 Canada’s leading digital rights organizations. He joins the Law Bytes podcast to break down where things stand and what other digital policies may command attention.

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 University of Rio de Janeiro (UERJ) and PUC-Rio, where he specializes in Law and Technology. He is the co-founder and Director of  Institute for Technology and Society of Rio de Janeiro (ITS Rio). He joins me on the podcast to discuss the case and its implications.

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 Norman Paterson School of International Affairs. She joins me on the podcast to discuss the current digital trade policy tensions, what our agreements say about complaints and retaliation, as well as explain why a U.S. response on at least the DST seems likely.

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 10 years at the CRTC, including four as Vice Chair of Telecommunications. Peter been one of the most prominent voices on the state of the news sector in Canada and he joins the Law Bytes podcast to discuss recent developments alongside proposed reforms that might do a better job of addressing mounting concerns over the independence of the press.

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 Spotify and PRS for Music, the co-host the Bubble Trouble podcast and a regular contributor to BBC, Financial Times, and The Economist. He joins the Law Bytes podcast to provide new data on what the CRTC’s numbers mean and why the decision could ultimately move the Canadian market backwards rather than forward.

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 state of privacy, AI, online harms, and digital tax as found in Bills C-27, C-63, C-69, S-210 and C-27.

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 a landmark decision on the issue which concludes that digital locks should not trump fair dealing. CIPPIC, the University of Ottawa’s public interest technology law clinic, raised the key arguments on the issue in an intervention in the case led by James Plotkin, a partner with the law firm Gowlings, and David Fewer, CIPPIC’s Director and General Counsel. They join the Law Bytes podcast to talk about the ruling and to clear up some of the misinformation that has been circulating since its release.

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 Policy at Industry Canada and played a role in the development of both the Broadcasting Act and Telecommunications Act. He provided consulting services to Netflix until 2020 and has since been an active participant in the debate on Internet policy. He joins the Law Bytes podcast to talk about the CRTC ruling, the state of TV and film production in Canada, and what may lie ahead for the streamers, creators, and consumers.

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 bill. It features my mock opening statement alongside responses to some of the actual questions raised by MPs on issues such as privacy, website blocking, and poorly defined terms in the bill.

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 tracked not only the committee hearings but also dug into the consultation process surrounding the bill. Clement is a Professor Emeritus in the Faculty of Information at the University of Toronto, where he coordinates the Information Policy Research Program and co-founded the Identity Privacy and Security Institute (IPSI). He joins the Law Bytes podcast to talk about AI regulation in Canada, concerns with the bill, and offers insights into the legislative and consultative process.

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. Professor Soberman’s research is focused on understanding how the operation of markets is affected by the exchange of information between organizations and customers, relationships within the distribution channel and the introduction of innovations to markets.

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, British Columbia. He writes about constitutional and human rights, as well as topics in law and technology. He joins the Law Bytes podcast to provide a comparison between the Canadian and US developments, a deep dive into alleged harms and legal arguments behind the claims, and an assessment of the likelihood of success.

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 help produce every episode, and to the listeners who regularly provide great feedback.  The podcast this week goes back to where it started with a look at Canadian privacy through the eyes of Europe. It flew under the radar screen for many, but earlier this year the EU concluded that Canada’s privacy law still provides an adequate level of protection for personal information. The decision comes as a bit of surprise to many given that Bill C-27 is currently at clause-by-clause review and there has been years of criticism that the law is outdated.  To help understand the importance of the EU adequacy finding and its application to Canada, Colin Bennett, one of the world’s leading authorities on privacy and privacy governance, joins the podcast.