Archive for March, 2023

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The Law Bytes Podcast, Episode 159: Fenwick McKelvey on the Rapid Spread of Government TikTok Bans

TikTok may be enormously popular, but according to the growing number of government, there are concerns regarding links between the app and the Chinese government. That has led to a rapid spread bans of the TikTok app on government devices not only at the federal level, but at provincial and municipal governments and even at universities for university-owned devices. But is TikTok unique in this regard? How to reconcile the government’s insistence that TikTok contribute to Cancon in Bill C-11 with it banning the app due to security risks? Are the privacy concerns more about TikTok or the government’s inaction on privacy reform?

Fenwick McKelvey is an Associate Professor in Information and Communication Technology Policy in the Department of Communication Studies at Concordia University and the co-director of the Applied AI Institute. He returns to the Law Bytes podcast to talk about the TikTok bans, the state of Canadian policy in addressing the concerns, and why we may be heading for more geo-political battles over digital policy.

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March 13, 2023 — 6 comments — Podcasts
Office of the Prime Minister, Adam Scotti (PMO). https://pm.gc.ca/en/photos/2016/11/19/prime-minister-justin-trudeau-attends-apec-leaders-meeting-lima-peru The reproduction is not represented as an official version of the materials reproduced, nor as having been made, in affiliation with or with the endorsement of the Office of the Prime Minister

The Consequence of Mandated Payments for Links: Facebook Confirms It Will Drop News Sharing in Canada Under Bill C-18

Google has been in the spotlight for the past few weeks with reports that it has been testing removal news links from search results. The move sparked outrage from MPs, who grilled executives earlier today at Canadian Heritage committee. But now it appears Google has company: the Globe and Mail reports that Facebook has confirmed that it will remove news sharing from its platforms if Bill C-18 passes in its current form. The decision, which would affect Meta platforms Facebook and Instagram, should not come as a surprise since it warned that it was considering the possibility last fall. In fact, the case for Facebook blocking news sharing is even stronger than Google given that news constitutes only three percent of news feeds on the platform and the experience in Australia was that its removal had little impact on user engagement. 

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March 10, 2023 — 21 comments — News
Too much noise by duncan cumming https://flic.kr/p/FozpZZ (CC BY-NC 2.0)

Cutting Through the Noise of the Bill C-11 Debate: Regulating User Content Remains a Reality

The debate on Senate amendments to Bill C-11 continued in the House of Commons yesterday, with hours devoted to MPs from all parties claiming misinformation by their counterparts. There were no shortage of head-shaking moments: MPs that still don’t know that CraveTV is not a foreign streaming service, references to Beachcombers as illustrations of Cancon, comparisons to China that go beyond the reality of the bill, calls for mandated cultural contributions from TikTok even as the government bans the app, and far too much self-congratulation from MPs claiming to have done great work on the bill when the Senate review demonstrated its inadequacy. But buried amongst those comments were several notable moments that illustrated the reality and risks of Bill C-11.

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March 10, 2023 — 11 comments — News
Tax Day New York. April 17, 2012 by Michael Fleshman https://flic.kr/p/bAS7SC (CC BY-SA 2.0)

Hey Minister Rodriguez: Canadian Digital Creators Are Not Loopholes

The battle over Bill C-11 is nearing its conclusion as the government introduced a motion in the House of Commons yesterday that rejects the Senate’s amendment that would ensure that platforms such as Youtube would be caught by the legislation consistent with the government’s stated objective, but that user content would not. As I discussed yesterday, the decision leaves no doubt about the government’s true intent with Bill C-11: retain the power and flexibility to regulate user content. In fact, I noted that Canadian Heritage Minister Pablo Rodriguez wasn’t trying to disguise that objective since the justification for rejecting the change boiled down to the government wanting the power to direct the CRTC on user content today and the power to exert further regulation tomorrow.

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March 9, 2023 — 10 comments — News
Reject. by Lucas Moratelli https://flic.kr/p/bvfc3T https://flic.kr/p/bvfc3T

Government Rejection of Key Senate Bill C-11 Amendment Reveals Its True Intent: Retain Power to Regulate User Content

For more than a year, Canadian Heritage Minister Pablo Rodriguez has clung to the Bill C-11 mantra of “platforms in, users out”. When presented with clear evidence from thousands of digital creators, the former chair of the CRTC, and numerous experts that that wasn’t true, the Senate passed compromise language to ensure that platforms such as Youtube would be caught by the legislation consistent with the government’s stated objective, but that user content would not. Last night, Rodriguez rejected the compromise amendment, turning his back on digital creators and a Senate process lauded as one of the most comprehensive ever. In doing so, he has left no doubt about the government’s true intent with Bill C-11: retain power and flexibility to regulate user content.

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March 8, 2023 — 23 comments — News
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