The long legislative road of Bill C-11 comes to an end later today as nearly 2 1/2 years after the original Bill C-10 was first tabled in the House of Commons by then-Heritage Minister Steven Guilbeault, the Senate will vote to approve the bill. I’ve been asked repeatedly this week about what now lies ahead, but I think it is worth one more look back. I have long believed that politics invariably involves compromise as governments look to maximize the political benefit and limit the political risk from any given policy. The emphasis on compromise is why stakeholders rarely walk away entirely happy on most issues that feature a diversity of views, whether it is copyright, privacy, or Internet regulation. Yet with Bill C-11, compromise from the government never came.
News
Government Gets the Law Wrong as it Finally Makes the Case Why it is Rejecting the Bill C-11 User Content Regulation Fix
With Bill C-11 in the final stretch – Senate approval could come this week – the government finally provided a more detailed explanation for rejecting the Senate’s user content regulation fix. Indeed, after weeks of false or empty justifications for the rejection, Senator Marc Gold, the government’s representative in the Senate, at long last tried to make the case for rejecting the amendment. Leaving aside the fact that if there were problems with the amendment, it was open to the government – and is still open to the Senate – to fix any perceived problems by amending the amendment, the reality is that Senator Gold’s explanation gets the law wrong. It is sad that as the bill nears passage, the government doesn’t seem to understand or misleads on the impact of its own legislation. I realize that another long post isn’t going to change that, but the thousands of Canadian creators who spoke out on their concerns deserve better.
Why the Government Should Hit the Regenerate Button on its AI Bill
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.
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.
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Meta to Test Blocking News Sharing on Facebook and Instagram in Canada in Response to Bill C-18’s Mandated Payments for Links 
Globe Publisher Calls Bill C-18 a “Threat to the Independence of Media” As Government Senate Representative Smears Bill Critics 
Extend the Deadline: My Submission to the CRTC on its Deeply Flawed Bill C-11 Consultations 
The Law Bytes Podcast, Episode 168: Privacy Commissioner of Canada Philippe Dufresne on How to Fix Bill C-27 
CRTC Chair Vicky Eatrides Faces Her First Big Test: Is the Commission Serious About Public Participation on Bill C-11?
