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Oh, Canada by Matthew Oliphant (CC BY-ND 2.0)

Beyond a Netflix Tax: Why Melanie Joly’s Comments Suggest Regulation of Internet Services Are Coming

The prospect of new digital taxes and regulation to fund the creation of Canadian content continues to attract attention with cultural groups leading the charge. For example, the Canadian Independent Music Association recently called for the regulation of digital services and ISPs including mandated contributions to support the development of Canadian content, while ADISQ has previously lobbied for a similar policy approach.

With mounting coverage of the issue, Canadian Heritage Minister Melanie Joly appeared last weekend on CTV’s Question Period, spending most of the nine minutes dodging questions from host Evan Solomon. Joly started by clearly stating that “there will be no new Netflix tax”, but spent the rest of the interview making the case for one. The discussion featured speaking points that seemed to contradict the no Netflix tax approach, emphasizing that everything is on the policy table and that the government is looking at all scenarios. Solomon noted the inconsistency of the comments and Joly struggled to respond.

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October 21, 2016 0 comments News
Culture and heritage ministers from across Canada meet in Victoria by Province of British Columbia (CC BY-NC-ND 2.0)

Why New Digital Taxes Could Play a Starring Role in the Government’s CanCon Policy

Canadian Heritage Minister Mélanie Joly has energetically crossed the country emphasizing the economic benefits of the cultural industries. Yet as the government conducts a national consultation on Canadian content in the digital world, my Globe and Mail tech law column notes that new digital taxes may ultimately play a starring role.

Joly has opened the door to an overhaul of Canadian cultural policy, but the million dollar – or perhaps billion dollar – question is how to pay for it. The industry has resisted policies that might increase foreign-backed productions, arguing that lowering qualifying requirements for the number of Canadians involved will lead to lost jobs and less distinctive content. Their hopes appear to rest primarily with the possibility of a series of new digital taxes. While new taxes are never popular, the possibilities include the proverbial good, bad, and ugly.

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October 13, 2016 9 comments Columns
The Many Ways To Stay Informed... by Richard Miles. (CC BY-NC-ND 2.0)

Why Copyright Reform Won’t Solve the Troubles Faced By the Newspaper Industry

Last week, I appeared before the Standing Committee on Canadian Heritage as part of its study on the future of media. The committee has heard from dozens of witnesses and one of the surprising themes has been the emphasis on copyright reform as a potential solution to the newspaper industry’s woes. My opening remarks, which are posted below, warn against the reforms, including the prospect of new taxes on Internet services or linking as a source of revenue for the industry. Instead, I point to several potential policies including an ad-free online CBC, sales taxes for digital services, and non-profit funding models for investigative journalism.

The Q & A that followed with me focused primarily on copyright law. The copyright discussion stems from the fact that several earlier witnesses implausibly claimed that it would help solve the problems facing news organizations. For example, Bob Cox of the Canadian Newspaper Association told the committee:

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October 11, 2016 5 comments News
Access & Privacy Conference 2013 by forester401 (CC BY-NC-SA 2.0)

Canada’s Privacy Failure: My Appearance Before the Standing Committee on Access to Information, Privacy & Ethics

I appeared last week before the Standing Committee on Access to Information, Privacy & Ethics as part of the committee’s review of the Privacy Act. My opening remarks highlighted several longstanding concerns with the legislation and then turned to three broader issues: Bill C-51′s information sharing provisions, transparency reporting, and the revival of lawful access issues.

My full prepared opening remarks are posted below:

Appearance before the House of Commons Standing Committee on Access to Information, Privacy & Ethics, September 29, 2016

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October 6, 2016 0 comments News
Privacy by Blue Coat Photos (CC BY-SA 2.0)

Lawful Access is Back: How the Government Quietly Revived Canada’s Most Controversial Privacy Issue

The controversial issue of lawful access rules, which address questions of police use of Internet subscriber information and interception capabilities at Canadian telecom companies, has long been played down by Canadian governments. When policy proposals first emerged in the early 2000s, the Liberal government focused on the anti-terrorism and anti-spam benefits. Subsequent Conservative proposals promoted the ability to combat child pornography, and most recently, cyber-bullying.

Yet when the Conservatives passed lawful access legislation in late 2014, it seemed that more than a decade of debate had delivered a typical Canadian compromise. The new legislation eliminated liability concerns for Internet providers who voluntarily disclose basic subscriber information and created a series of new police powers to require preservation and access to digital data.

Notwithstanding the legislative resolution and renewed legal certainty, my new tech law column at the Globe and Mail notes that Public Safety Minister Ralph Goodale has quietly revived the lawful access debate with a public consultation that raises the prospect of new rules that would effectively scrap the 2014 compromise. Ironically, the focus this time is the public demand for amendments to Bill C-51, the Conservatives’ anti-terrorism law that sparked widespread criticism and calls for reform during last year’s election campaign.

In other words, the Canadian privacy balance is being placed at risk by a policy initiative that purports to fix privacy. Read the full column here.

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October 5, 2016 4 comments Columns