As anyone who has tried ChatGPT will know, at the bottom of each response is an option to ask the AI system to “regenerate response”. Despite increasing pressure on the government to move ahead with Bill C-27’s Artificial Intelligence and Data Act (AIDA), the right response would be to hit the regenerate button and start over. AIDA may be well-meaning and the issue of AI regulation critically important, but the bill is limited in principles and severely lacking in detail, leaving virtually all of the heavy lifting to a regulation-making process that will take years to unfold. While no one should doubt the importance of AI regulation, Canadians deserve better than virtue signalling on the issue with a bill that never received a full public consultation.
Articles by: Michael Geist
Why the Twitter – CBC Labelling Battle is a Distraction From the Real Problems with Government Media Policy and the Public Broadcaster
Twitter and the CBC were in the spotlight yesterday with Twitter’s decision to add a “government funded media” label to the CBC Twitter account. The label is defined by Twitter as a media organization “where the government provides some or all of the outlet’s funding and may have varying degrees of government involvement over editorial content.” CBC responded by tweeting it would pause its Twitter activities because suggesting that its journalism was anything other than impartial and independent was untrue. The government funding for CBC is undeniable, but the inclusion of “government involvement over editorial content” is apt to mislead. The Broadcasting Act provides guidance on the kinds of content to be found on CBC, but there is an important difference between general policy objectives and specific involvement over editorial content. In fact, Twitter has another label for “publicly funded media” accounts that appear to be better suited to the CBC since it covers “media organizations that receive funding from license fees, individual contributions, public financing, and commercial financing” but makes no reference to editorial content.
The Twitter-CBC labelling battle offers more heat than light since it does little to address the underlying problems with media independence in Canada and the CBC (much less the tire fire that is Twitter). Instead, it simply provides fodder for CBC critics to point to the Twitter label and argue for “defunding the CBC” (at least the English language part of it) and CBC defenders to proclaim that they will stand up for the public broadcaster against unfair smears. That debate distracts from serious underlying problems with government media policy and the public broadcaster.
Canada’s Privacy Failure: Federal Court Dismisses Privacy Commissioner’s Complaint Against Facebook Over Cambridge Analytica
The Federal Court of Canada last week dismissed the Privacy Commissioner of Canada’s complaint against Facebook stemming from alleged privacy violations involving Cambridge Analytica. The Privacy Commissioner ruled against Facebook in 2019, but Facebook disagreed with the findings and took the matter to court. Last week, a court sided with the social media giant, concluding that the Privacy Commissioner did not provide sufficient evidence that Facebook failed to obtain meaningful consent when sharing information with third-party applications and rejecting a claim that Facebook did not adequately safeguard user information. The Cambridge Analytica case sparked investigations and complaints worldwide, leading to a $5 billion penalty in the U.S., significant settlements of private lawsuits, fines in the UK, and extensive new rules in the European Union. Yet in Canada, the case against the company has been dismissed, raising troubling questions about how it was handled and the adequacy of Canadian privacy law.
The Law Bytes Podcast, Episode 163: Cohere AI CEO Aidan Gomez on the Emerging Legal and Regulatory Challenges for Artificial Intelligence
ChatGPT burst onto the public scene late last year, giving artificial intelligence its “aha moment” for many people. AI is now seemingly everywhere, attracting enormous attention and excitement alongside concerns, legal threats and talk of regulation. The potential of AI is evident to just about everyone, but the challenges associated with bias, copyright, privacy, misinformation and more can’t be ignored. Cohere AI is a Canadian-based AI firm that is widely viewed as one of Canada’s AI stars for its large language models that enable companies of all sizes to integrate AI technologies. Aidan Gomez, who worked on the “T” in ChatGPT, is the co-founder and CEO of Cohere AI. He joins the Law Bytes podcast to talk about AI and his views on the myriad of emerging legal and regulatory issues.
Bill C-11 Estimates Revealed: Internal Government Documents Show No Impact on Net Employment, Admit Streamers Already Invest Millions in “Unofficial Cancon”
The government’s support for Bill C-11 has often been framed on economic terms with Canadian Heritage Minister Pablo Rodriguez arguing that the bill will “create good jobs for Canadians in the cultural sector”. I’ve long maintained the government’s claims that the bill will generate billions of dollars in new money was massively exaggerated and that a far more likely scenario would be that the bill would simply lead to a reshuffling of existing expenditures.
Using the Access to Information Act, I have now obtained a copy of the government’s internal estimates for the economic and production impact of Bill C-11 (methodology, memorandum, PPT), which confirm many of my suspicions. While the government is pinning its hopes on massive spending from Internet streamers such as Netflix, it admits that even if the bill did not pass it would not affect net new employment in the sector. Moreover, internally the government recognizes the claim that Netflix and foreign streamers don’t contribute to Canadian content is false, as it has identifies a new category of “unofficial Cancon” which would qualify as Cancon under every measure but for the fact that it is owned by companies like Netflix and Disney. And as for the payments from social media companies that the government insists are so essential that it has fought for years to include user content regulation in the bill? The estimated economic benefit represents just one percent of its total projection for Bill C-11 with pure guesswork about what percentage of content on the platforms might require contributions.
Recent Posts
When the Drumbeat of Intolerance Becomes Too Loud to Ignore: Reflections on Campus Antisemitism, Academic Freedom and My Global Technology Law Exchange Course 
Solomon’s Choice: Charting the Future of AI Policy in Canada 
The Law Bytes Podcast, Episode 232: What Will Canadian Digital Policy Look Like Under the New Liberal Carney Government? 
The Law Bytes Podcast, Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards 
The Law Bytes Podcast, Episode 230: Aengus Bridgman on the 2025 Federal Election, Social Media Platforms, and Misinformation
