Archive for February, 2022

Welcome Mat by Bruce Bortin (CC BY-NC 2.0) https://flic.kr/p/dZGkk

The Law Bytes Podcast, Episode 119: Canada’s Zombie Policy Proposal – Christopher Parsons on the Never-Ending Debate Over Lawful Access

The political and policy battles over lawful access have been going on for decades, cutting across multiple governments both Liberal and Conservative. The so-called zombie policy proposal resurfaced again last summer as then Canadian Heritage Minister Steven Guilbeault included elements of lawful access within his online harms consultation. The government plans to revisit its plans for online harms, but the lawful access issue is sure to return.

Dr. Christopher Parsons is a Senior Research Associate at the Munk School’s Citizen Lab at the University of Toronto, where his research focuses on third-party access to telecommunications data, data privacy, data security, and national security. He previously appeared on the podcast to discuss the questions about the use of Huawei equipment in Canada’s telecom networks and returns to talk about the history of the lawful access debate, the implications of warrantless access to subscriber data, and the recent revival of the lawful access issue.

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February 28, 2022 — 1 comment — Podcasts
Program by Marcin Wichary https://flic.kr/p/7hCjkK (CC BY 2.0)

Bill C-11’s Foundational Faults, Part Two: The Regulate-It-All Approach of Treating All Audio-Visual Content as a “Program”

My first post in a series on foundational faults in Bill C-11 focused on the virtually limitless reach of the CRTC’s jurisdictional power over audio-visual services. The starting point in the bill is that all audio-visual services anywhere in the world with some Canadian users or subscribers are subject to the Canadian jurisdiction and it will fall to the Commission to establish thresholds exempting some services from regulation. However, even with some exemptions, the Canadian approach will require registration and data disclosures, likely leading many services to block Canada altogether, reducing choice and increasing consumer cost.

The expansive approach in Bill C-11 isn’t limited to its jurisdictional reach, however. Not only does the law have few limits with respect to which services are regulated, it is similarly over-broad with respect to what is regulated, featuring definitions that loop all audio-visual content into the law by treating all audio-visual content as a “program” subject to potential regulation.

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February 23, 2022 — 6 comments — News
Anti Media Convoy, Feb 5th, 2022 by GoToVan (CC BY 2.0) https://flic.kr/p/2n28mCw

The Law Bytes Podcast, Episode 118: Leah West on the Canadian Government’s Invocation of the Emergencies Act

After several weeks of protests, occupation, and border crossing blocking, the Canadian government took the unprecedented step last week of invoking the Emergencies Act. The situation is rapidly evolving and still being debated in the House of Commons. Dr. Leah West is an Assistant Professor of International Affairs at the Norman Paterson School of International Affairs at Carleton University and one of Canada’s leading experts on national security law. She joins the Law Bytes podcast to discuss rules surrounding the Emergencies Act and the implications of the government’s recent move to invoke it.

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February 21, 2022 — 2 comments — Podcasts
I can't Afford a Lobbyist, Occupy Irvine, CC BY 2.0 , via Wikimedia Commons

Lobby Harder: Canadian Heritage Minister Pablo Rodriguez Issues Industry Call to Action to Support Bill C-11

Canadian Heritage Minister Pablo Rodriguez appeared at the CMPA’s Prime Time conference last week, calling on the film, TV and broadcast sectors to become even more vocal in defending his Bill C-11. The bill, which has been the top lobbying priority of the sector for years, opens the door to regulating user generated content and asserts jurisdiction over all audio-visual services worldwide. There are several elements worth noting in the question-and-answer session with Rodriguez, not the least of which is the insistence on inaccurately claiming the new bill addresses concerns with regulating user generated content. When asked about the issue, Rodriguez responded:

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February 15, 2022 — 4 comments — News
Crypto by Billie Grace Ward https://flic.kr/p/2cEzGGF (CC BY 2.0)

The Law Bytes Podcast, Episode 117: Fight for the Future’s Sarah Roth-Gaudette on Web 3 Regulation and Alternatives to Big Tech

The interest in regulation and Web 3.0, the umbrella term for all matters crypto, continues to grow in countries around the world. In Canada, a new private member’s bill encourages the government to establish a regulatory framework to support innovation even as concerns mount over the use of cryptocurrency to by-pass conventional payments regulations. In the United States, there have been multiple Congressional hearings and proposals for legislative action.

Fight for the Future was one of many leading digital civil liberties groups that included Access now, Article 19, EFF, and Global Voices, that recently came together to issue a public letter in support of alternatives to big tech and to approach legislation related to Web 3 technologies carefully. Sarah Roth-Gaudette, the Executive Director of Fight for the Future, joins the Law Bytes podcast to talk about Web 3, the regulatory initiatives, and the issues that are at stake.

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February 14, 2022 — 2 comments — Podcasts
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