My look back at 2024 concludes with a review of my most popular Substacks of the year. Unlike last year, where was considerable overlap between my most popular blog posts and Substacks, this year the list quite different. The Substack list features a significant emphasis on antisemitism in Canada in the wake of the October 2023 terror attacks, which occupy the top three posts and five of the top ten.
News
The Year in Review: Top Ten Posts
Last week’s Law Bytes podcast featured a look at the year in review in digital law and policy. Before wrapping up for the year, the next three posts over the holidays will highlight the most popular posts, podcast episodes, and Substacks of the past year. Today’s post starts with the top posts, which starts with a major copyright ruling involving fair dealing and digital locks. The remaining posts include four posts on the Online Harms Act and two on Bill S-210, alongside posts on the implementation of Bills C-11, C-18, and the recent decision to ban TikTok from operating in Canada.
Government Finally Splits the Online Harms Bill: Never Too Late To Do The Right Thing…Or Is It?
Justice Minister Arif Virani yesterday finally bowed to public pressure by agreeing to split Bill C-63, the Online Harms bill. The move brings to an end the ill-conceived attempt to wedge together Internet platform responsibility with Criminal Code provisions and the potential weaponization of the Canada Human Rights Act that had rightly sparked concerns from a wide range of groups. I wrote about the need to drop those provisions two days after the bill was introduced last February. By the time the fall had rolled around, it was hard to find anyone who supported the bill in its current form.
Canadian Media Companies Target OpenAI in Copyright Lawsuit But Weak Claims Suggest Settlement the Real Goal
Canada’s largest media companies, including the Globe and Mail, Toronto Star, Postmedia, CBC, and Canadian Press, came together last week to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. The lawsuit is the first high profile Canadian claim lodged against the enormously popular AI service, though there have been similar suits filed elsewhere, notably including a New York Times lawsuit launched last year. While the lawsuit itself isn’t a huge surprise, the relatively weak, narrow scope of the claims discussed below are. Unlike comparable lawsuits, the Canadian media companies claim is largely limited to data scraping, which may be the weakest copyright claim. Moreover, the companies say they have no actual knowledge of when, where, or how their data was accessed, an acknowledgement that doesn’t inspire confidence when there is evidence available if you know where to look.
So why file this lawsuit? The claim is sprinkled with the most obvious reason: the Canadian media companies want a settlement that involves OpenAI paying licence fees for the inclusion of their content in its large language models and the lawsuit is designed to kickstart negotiations. The companies aren’t hiding the ball as there are repeated references along the lines of “at all times, Open AI was and is well aware of its obligations to obtain a valid licence to use the Works. It has already entered into licensing agreements with several content creators, including other news media organizations.” The takeaway is that Canadian media companies want to licence their stuff too, much like the licensing agreements with global media companies such as News Corp, Financial Times, Hearst, Axel Springer, Le Monde, and the Associated Press.
When Antisemitism Isn’t Taboo: Reflecting on the Response to Nazi-Era Hate on the Streets of Montreal
Last week, as Concordia students staged a “strike” to protest the ongoing Israel-Hamas war in Gaza, video captured someone giving a Nazi salute to nearby Jewish students while repeatedly declaring the “final solution is coming your way.” Antisemitism has become far too common, but this incident, which had unmistakable Holocaust echoes, still had the capacity to shock. Soon after, the culprit was identified as Mia Abdulhadi, the co-owner of two Second Cup coffee cafe franchises improbably located in the Montreal Jewish General hospital.
The Concordia events later gave way to violent riots in Montreal, but this particular case has been hard to shake. Part of it stems from the affirmation of the campus antisemitism concerns that have been voiced for many months by Jewish students and faculty. Despite the denials, the reality is that the line between legitimate protest and the use of reprehensible antisemitic slurs was blurred long ago. University presidents have acknowledged as much, yet largely failed to respond. The net effect – as evidenced last week – is that the Jewish community has faced intolerable discrimination on campus and is too often left to fear for its own safety.
Recent Posts
The Law Bytes Podcast, Episode 235: Teresa Scassa on the Alberta Clearview AI Ruling That Could Have a Big Impact on Privacy and Generative AI 
What Is With This Government and Privacy?: Political Party Privacy Safeguards Removed in “Affordability Measures” Bill 
More Than Just Phone Book Data: Why the Government is Dangerously Misleading on its Warrantless Demands for Internet Subscriber Information 
Privacy At Risk: Government Buries Lawful Access Provisions in New Border Bill 
The Law Bytes Podcast, Episode 234: “Solutions Aren’t Going to be Found Through Nostalgia”: Mark Musselman on the CRTC Hearings on Canadian Content Rules
