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Mark_Zuckerberg_F8_2018_Keynote, Anthony Quintano from Honolulu, HI, United States [CC BY 2.0 (https://creativecommons.org/licenses/by/2.0)] https://commons.wikimedia.org/wiki/File:Mark_Zuckerberg_F8_2018_Keynote_(41118883004).jpg

Does Canadian Privacy Law Matter if it Can’t be Enforced?

It has long been an article of faith among privacy watchers that Canada features better privacy protection than the United States. While the U.S. relies on binding enforcement of privacy policies alongside limited sector-specific rules for children and video rentals, Canada’s private sector privacy law (PIPEDA or the Personal Information Protection and Electronic Documents Act), which applies broadly to all commercial activities, has received the European Union’s stamp of approval, and has a privacy commissioner charged with investigating complaints.

Despite its strength on paper, my Globe and Mail op-ed notes the Canadian approach emphasizes rules over enforcement, which runs the risk of leaving the public woefully unprotected. PIPEDA establishes requirements to obtain consent for the collection, use and disclosure of personal information, but leaves the Privacy Commissioner of Canada with limited tools to actually enforce the law. In fact, the not-so-secret shortcoming of Canadian law is that the federal commissioner cannot order anyone to do much of anything. Instead, the office is limited to issuing non-binding findings and racing to the federal court if an organization refuses to comply with its recommendations.

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May 2, 2019 7 comments Columns
Rear View of Man Working in Office by Pixabay https://www.pexels.com/photo/rear-view-of-man-working-in-office-256401/ Creative Commons Zero (CC0)

Myths and Reality About Canadian Copyright Law, Fair Dealing and Educational Copying

Seeking to debunk many of the misleading claims on the state of Canadian copyright, fair dealing and education, I’m grateful that InfoJustice.org has published my post on the myths and realities of the current situation. The post relies on actual data presented at the recent copyright review to demonstrate how the Canadian market has experienced increased spending on licensing, e-book licensing has been a central part of the education licensing strategy, and educational institutions are paying for licences even when they retain collective licences.

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May 1, 2019 0 comments News
Monica Auer, In Committee from the Senate of Canada: Modernizing Canada's Film Industry, CPAC, http://www.cpac.ca/en/programs/in-committee-from-the-senate-of-canada/episodes/65290478

The LawBytes Podcast, Episode 9: The CRTC Watcher – A Conversation with FRPC’s 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 view. Monica Auer, the Executive Director of the Forum for Research and Policy in Communications, joins the podcast this week to talk about insider access, slow reimbursement of costs for public interest groups, the number of CRTC meetings, and the Commission’s seeming indifference to commissioning original research. The interview is interspersed with comments from current CRTC Ian Scott taken from one of his first public speeches after being named chair in 2017.

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April 30, 2019 0 comments Podcasts
Rise of the fashion trolls by OpenSource.com https://flic.kr/p/977ke2 (CC BY-SA 2.0)

The LawBytes Podcast, 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 keynote, which used real data to dispel the misleading claims about the impact of Canada’s copyright 2012 reforms.

The podcast can be downloaded here and is embedded below.  Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.

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April 22, 2019 0 comments Podcasts
Screenshot from Wikipedia’s #FairCopyrightOz campaign, CC BY-SA 3.0 https://creativecommons.org/2017/05/23/wikipedia-says-time-fair-use-australia/

My ADA Keynote: What the Canadian Experience Teaches About the Future of Copyright Reform

In late March of this year, I travelled to Canberra, Australia to deliver 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. This year’s event included innovative film makers, the President of the Australian Society of Authors, European Parliament MEP Julia Reda, as well as leading academics, trade negotiators, government policy experts, and many others.

My talk focused on the Canadian copyright experience, using real data to dispel the misleading claims about the impact of Canada’s 2012 reforms. A video of the keynote has been posted to YouTube and is embedded below.

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April 17, 2019 0 comments News