Post Tagged with: "cda"

Trump tweet, May 29. 2020 https://twitter.com/realDonaldTrump/status/1266231100780744704?s=20

Why the USMCA Locks in the Internet Platform Liability System in the U.S., Canada and Mexico

U.S. President Donald Trump yesterday signed an executive order targeting Internet platforms after Twitter fact-checked one of his tweets on mail-in voting (the company followed up with a warning on another tweet earlier today involving glorifying violence). The order cannot simply reverse current U.S. law, but it encourages U.S. regulators to rethink how the Internet safe harbour provisions that limit liability for Internet platforms for third party content are implemented.

While the U.S. is obviously free to assess its statutory approach, one issue that received little attention is that the U.S. has effectively locked itself into the safe harbour system through its trade agreement with Canada and Mexico. The inclusion of safe harbour provisions in the agreement were viewed by some as an attempt to force Canada to adopt similar rules, yet the more likely reason for lobbying on the issue was to ensure that the U.S. itself was bound by the rules. Indeed, there were last minute efforts to remove the provision from the final deal, but those were ultimately rejected.

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May 29, 2020 4 comments News
"FREE SPEECH*" by Newtown grafitti (CC BY 2.0) https://flic.kr/p/atCVZq

NAFTA Offers Chance for Much-Needed Internet Safe Harbour Rules in Canada

The NAFTA negotiations resume in Montreal this week with Internet liability emerging as an increasingly contentious issue. I was pleased to be part of a group of 55 Internet law experts and organizations that recently urged negotiators to include Internet safe harbour rules that promote freedom of expression in the agreement. The provision, which is already found in U.S. law, would lower barriers to startup online companies, advance free speech, and protect sites publishing consumer reviews.

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January 25, 2018 Comments are Disabled News
internet is freedom of speech by pgrandicelli BEE FREE (CC BY-NC-SA 2.0) https://flic.kr/p/6F5Cu1

Canada’s Missing Internet Provision: Why NAFTA Offers the Chance to Establish Long Overdue Online Speech Safeguards

During the earliest days of the commercial Internet, the United States enacted the Communications Decency Act, legislation designed to address two concerns with the rapidly growing online world: the availability of obscene materials and the liability of Internet services hosting third party content. While the obscenity provisions in the 1996 law were quickly struck down as unconstitutional by the U.S. Supreme Court, the liability rules emerged as a cornerstone of U.S. Internet policy.

The rules, which many regard as the single most important legal protection for free speech on the Internet, establish a safe harbour that ensures online services are not liable for the content posted by their users. My Globe and Mail op-ed notes that over the past two decades, the CDA Section 203(c) provision has been used by every major Internet service – from Google to Amazon to Airbnb – to ensure that courts, not private companies, determine what is lawful and permitted to remain online.

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December 1, 2017 5 comments Columns

PIPEDA Hearings – Day 08 (CMA, CDA, CPA)

The last hearing before Parliament's holiday recess took place on Wednesday with the Canadian Medical Association, the Canadian Dental Association, and the Canadian Pharmacists Association providing their views on the legislation. Natalie Senst provides the full details:

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December 14, 2006 Comments are Disabled News