Sovereignty, whether digital sovereignty, data sovereignty, or AI sovereignty, has been the hot-button issue in Canada for months. Governments have shifted policies in hopes of addressing the issue, the public has expressed interest in Canadian alternatives, and the business community has rushed to meet that interest. But what does it actually take to create a true, sovereign alternative? We now have a live experiment with Gander, a new social network that looks a bit like X or BlueSky, but with data sovereignty. The company has worked to ensure that data remains in Canadian control and developed identity systems that may offer a preview of what’s to come if the social media ban takes hold. Leading the way has been Ben Waldman, Gander’s co-founder and CEO. He joins the Law Bytes podcast this week to talk about Gander’s origin story and to walk through the real-world challenges of creating a sovereign social network.
Latest Posts
Canada’s Campus Antisemitism Crisis: National Survey Finds Antisemitism Nearly Everywhere and University Responses Nowhere
For the better part of two years, I have written about antisemitism on Canadian university campuses from the vantage point of personal experience: a post I never thought I would need to write on the right of Jewish students to feel safe on campus, the normalization of antisemitism at encampments including at my own university, the trepidation that accompanied a new academic year, and the chilling effect on expression that I described to the Standing Committee on Canadian Heritage. Those accounts, alongside those of many students who shared their experiences, were often downplayed by some as exaggerated or unrepresentative. Yet this week, the release of the Canadian Heritage-backed Campus Antisemitism and Student Experiences (CASE) report, conducted through the Office of the former Special Envoy on Preserving Holocaust Remembrance and Combatting Antisemitism and produced by the Association for Canadian Studies and the Metropolis Institute, puts that claim to rest. The report, for which I served as a member of the advisory board, provides the most comprehensive national data to date on the experiences of Jewish students at Canadian post-secondary institutions. The report makes for difficult reading as it confirms that Canada is facing an antisemitism crisis on campus, with the overwhelming majority of the Jewish students surveyed stating that they had experienced or witnessed at least one instance of antisemitism over the prior year.
Why the Answers to Hateful Content Online are Hiding in the Platforms’ Own Rules
The Canadian government has a two-pronged legal strategy to counter rising hate: New Criminal Code provisions to address offline harms, such as intimidation or protests outside schools and places of worship, and the digital safety bill introduced in June, which targets online harms. A new legal duty to act responsibly, which would require internet platforms to publish digital safety plans, provide greater transparency on their efforts to counter harms, and occasionally remove content, serves as the foundation for fighting back against the spread online of illegal content such as non-consensual distribution of intimate images, cyberbullying, terrorist content, and content that incites violence or hatred.
These are worthwhile measures. But for those concerned with antisemitism, Islamophobia, or other forms of hate, my Globe and Mail op-ed notes that stricter rules against illegal content are basic table stakes. The bigger challenge is the far larger category of content best described as “awful but lawful”: the tropes, conspiracy theories, and coded dehumanization that cause serious harm but remain constitutionally protected expression. A law mandating this material’s removal would invite an immediate Charter challenge. Instead, we need to figure out how to address harms without overstepping constitutional safeguards for freedom of expression.
From CCH to ChatGPT: How Canadian Copyright Law Played the Key Role in Deciding a Leading AI Training Data Case in India
The Delhi High Court has released what may be one of the most consequential copyright decisions yet on artificial intelligence, ruling in ANI Media Pvt. Ltd. v. OpenAI that OpenAI’s use of copyrighted news articles to train the models behind ChatGPT is prima facie fair dealing. The 135-page decision of Justice Amit Bansal, released last week, dismissed an Indian news agency’s application for an interim injunction, and while it is expressly not a final ruling on the merits, it features valuable analysis of the copyright implications of machine research, market harm and the public interest. The case is particularly notable from a Canadian perspective since it is the 2004 landmark CCH Supreme Court of Canada copyright case that provides the decision’s fair dealing foundation.
Starting Over: Court Filing Confirms the CRTC’s Streamer Contribution Decisions Are Dead With a Full Online Streaming Act Reset to Come
When the government announced plans last month to kill the CRTC’s Online Streaming Act ruling, it left a critical question unanswered: was the target only the Commission’s decision to increase streamer contributions to 15 percent, or did the reversal extend to the original base contribution decision requiring foreign streamers to contribute five percent of their Canadian revenues? A new court filing confirms it is both. In a letter to the Federal Court of Appeal dated July 17, 2026, first reported by the Wire Report, Department of Justice Senior General Counsel Michael Morris advised the court that “the Government’s intention is to eliminate the base contribution requirement on streaming services and to provide government funding to replace those contributions.” The entire contribution framework the CRTC has built since 2024 is therefore dead, with taxpayers covering the costs while the government develops a replacement.
Recent Posts
The Law Bytes Podcast, Episode 278: Ben Waldman on Gander Social and the Challenges of Building a Sovereign Social Network 
Canada’s Campus Antisemitism Crisis: National Survey Finds Antisemitism Nearly Everywhere and University Responses Nowhere 
Why the Answers to Hateful Content Online are Hiding in the Platforms’ Own Rules 
From CCH to ChatGPT: How Canadian Copyright Law Played the Key Role in Deciding a Leading AI Training Data Case in India 
Starting Over: Court Filing Confirms the CRTC’s Streamer Contribution Decisions Are Dead With a Full Online Streaming Act Reset to Come
