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Shaw Go Wifi by Mack Male (CC BY-SA 2.0) https://flic.kr/p/hbkTu1

No Mandated Netflix Cancon Payments: Shaw Argues Success Lies in More Regulatory Flexibility in BTLR Submission

Yesterday’s post on the still-secret broadcast and telecommunications review submissions obtained under Access to Information focused on Bell, which proposed extensive new regulations for Netflix that would result in hundreds of millions in payments that could spark a trade battle with the United States. The major Canadian communications companies are not united on this issue, however.  While there are similarities on wireless (most oppose mandated MVNOs), the broadcast perspectives differ significantly. This post reveals some of the details in Shaw’s submission to the BTLR, also obtained under ATIP.

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May 29, 2019 5 comments News
BELL CANADA 2016 by Jose de Francisco https://flic.kr/p/GJHtQW (CC BY-SA 2.0)

Self-Serving in the Extreme: Bell’s Broadcast and Telecom Submission to the BTLR Revealed

The government’s expert panel on broadcast and telecommunications law reform is expected to release its preliminary report on the results of its public consultation next month. The panel has remarkably kept the submissions to the consultation secret, rejecting an open and transparent policy making process that the government insists is essential to good policy development. I filed an Access to Information Act request for some of the more notable submissions (some have been made available and are posted online by the FRPC). An interim release of that request just arrived in my inbox and I’ll have a couple of posts on point over the next few days.

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May 28, 2019 21 comments News
Canada's Digital Charter, https://www.ic.gc.ca/eic/site/062.nsf/eng/h_00109.html#s1

The LawBytes Podcast, Episode 13: Digital Charter or Chart: A Conversation With Teresa Scassa on the Canada 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 University of Ottawa, where she holds the Canada Research Chair in Information Law and Policy.

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May 27, 2019 2 comments Podcasts
Press Conference: Meet the Co-Chairs by World Economic Forum (CC BY-NC-SA 2.0) https://flic.kr/p/JqKwT9

The Foundation of Canada’s Digital Charter: Privacy Law Reform Focused on a Data-Driven Economy

Prime Minister Justin Trudeau announced plans last week for a new Canadian digital charter featuring penalties for social media companies that fail to combat online extremism. While the just-released proposed charter does indeed envision increased regulation of the tech sector, my Globe and Mail op-ed argues its foundation is not content-regulation but rather stronger rules on how companies use data. Leading the way is a promised overhaul of Canadian privacy law to ensure it is better suited to the challenges posed by a data-driven economy.

The proposed privacy law reforms seek to strike the balance between supporting an innovation-led economic agenda heavily reliant on access to data with mounting public concern over the use of that data without appropriate safeguards or consent. If enacted – the digital charter includes a detailed background paper on privacy law reforms that suggests legislative action will only come after the fall election – the changes would constitute the most significant privacy law amendments in decades.

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May 22, 2019 4 comments Columns
Books and books by Steven Talunay https://flic.kr/p/c79wdN (CC BY-NC-ND 2.0)

The LawBytes Podcast, Episode 12: The Past, Present and Future of Free and 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. Following in the footsteps of the Legal Information Institute at Cornell University, AustLII helped reshape legal publishing in Australia and played a pivotal role in bringing other countries’ legal materials online. The episode continues with a conversation with Xavier Beauchamp-Tremblay, the current CEO of CanLII, the Canadian Legal Information Institute, about the Canadian past, present and future of free and open access to law.

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May 21, 2019 0 comments Podcasts