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CRTC Approves Google’s $100 Million Online News Act Exemption Deal

The government’s deeply flawed attempt to force tech platforms to pay Canadian news outlets for linking to news is nearing its payout. The CRTC this week formally exempted Google from negotiating individual agreements and facing a potential mandated arbitration system in return for a lump sum $100 million annual payment. The $100 million deal was the government’s last ditch attempt to salvage the Online News Act as its insistence that tech platforms would never walk away from news proved to be disastrously wrong. Within weeks of the former Bill C-18 receiving royal assent in June 2023, Meta blocked news links on its Facebook and Instagram platforms. The block has remained in place for more than a year, causing significant harm to news outlets and sparking a CRTC investigation into whether user attempts to evade the block bring the company within the scope of the law.

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October 31, 2024 1 comment News
Mark Zuckerberg F8 2019 Keynote by Anthony Quintano https://flic.kr/p/2fMDgqa CC BY 2.0

The Law Bytes Podcast, Episode 217: David Fraser on the Privacy Implications of the Federal Court of Appeal’s Facebook Ruling

It has been many years since the Facebook and Cambridge Analytica privacy scandal captured headlines. The services at the heart of the case no longer exist, but the legal case in Canada continues to march on. Last month, the Federal Court of Appeal overturned a lower court decision that had largely sided with Facebook. In its place, it released a new decision that includes and analysis of reasonableness under the Canadian privacy law and engages with the notion of a potential trust but verify standard in some cases when data is transferred to third parties.

 The case may not be over yet, but the latest decision has big implications for privacy in Canada. David Fraser, one of Canada’s leading privacy practitioners with McInnes Cooper and the creator a popular Youtube channel on privacy law, joins the Law Bytes podcast to provide the background on the case, assess the key findings, and consider what may come next.

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October 28, 2024 0 comments Podcasts
Demonstration gegen rechten Terror und Antisemitismus by Rasande Tyskar https://flic.kr/p/2hudtRp CC BY-NC 2.0

When Antisemitism No Longer Shocks

Last week, Green College, an interdisciplinary graduate college on the campus of the University of British Columbia in Vancouver, hosted a medieval workshop titled The Writing of Ancient Christianity in Late Antiquity and the Middle Ages. As the title would suggest, the workshop was highly specialized and of limited interest to anyone outside of the scholarly field. Yet, as my Hub opinion piece notes, the presence of a professor of Jewish Law and Ethics alongside academics from the University of Haifa and Hebrew University in Jerusalem placed a target on the workshop that sparked online harassment of participants as well as vandalism and graffiti that called for the removal of Zionists on the walls of the college.

Few Canadians heard about the incident at UBC. They similarly were likely unaware that last week the University of Windsor’s Board of Governors refused to consider a motion to examine a controversial agreement arising from last summer’s encampment protests on the spurious grounds that the deal falls outside of its purview.

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October 25, 2024 16 comments Columns
WTO OMC by Jeanne Menjoulet https://flic.kr/p/DMkAkj CC BY 2.0

The Law Bytes Podcast, Episode 216: Game Changer or More of the Same? Patrick Leblond on the New Global E-Commerce Agreement

For over 25 years, the World Trade Organization, an intergovernmental organization based in Geneva, Switzerland that regulates and facilitates international trade, has grappled with how to engage with e-commerce. What started as a moratorium on customs duties has expanded into the development of a new agreement that touches on a wide range of issues including privacy, data localization, and electronic contracting. The  new deal has been heralded as groundbreaking, but some aren’t fully convinced that it actually does break new ground.

Patrick Leblond is a University of Ottawa professor in the Graduate School of Public and International Affairs where he specializes in economic governance and policy, with a focus on North America, Europe and, increasingly, China. He joins the Law Bytes podcast to talk about the latest developments and assess the potential impact of the WTO’s new e-commerce agreement.

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October 21, 2024 1 comment Podcasts
Facebook Bill C-18 notice

Is Meta Offside the Online News Act? The CRTC Wants to Know.

Meta has blocked news links on its Facebook and Instagram platforms for more than a year in response to the Online News Act, resulting in significant lost traffic to many Canadian news sites. The company’s position has been pretty clear from the start: the law applies to digital news intermediaries that make “news content produced by news outlets available to persons in Canada.” By blocking news links, the company believes that it falls outside the definition and therefore is not required to register with the CRTC and enter into negotiations for payments to Canadian news outlets. After Canadian Heritage Minister Pascale St-Onge repeatedly urged the CRTC to examine the issue, this week the Commission sent a letter to Meta giving it seven days to comment on “what measures Meta is taking to comply with the Act, and whether news is being made available on Meta’s platforms.”

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October 9, 2024 15 comments News