Over the past month, I’ve had the opportunity to appear before two House of Commons committees – International Trade and Industry, Science and Technology – to discuss the digital law and policy implications of the Canada-U.S.-Mexico Trade Agreement. My opening remarks were nearly identical and focused on four issues: copyright term extension, the cultural exemption, privacy and data protection, and Internet platform liability. The Standing Committee on International Trade yesterday released its report on Bill C-4, the bill implementing CUSMA, with no changes, meaning that lobbying pressure to immediately extend the term of copyright was rejected.
News
“We Don’t Have Any Specific Analysis”: CUSMA Negotiators Surprising Admission On Key Privacy Issues
Earlier this week, the Standing Committee on Industry, Science and Technology began hearings on Bill C-4, the bill designed to implement the Canada-U.S.-Mexico Trade Agreement. I appeared before the committee to discuss digital issues (more on the appearance in an upcoming post), but just prior to my panel, the team of lead negotiators from Global Affairs took questions from Members of Parliament.
The questioning opened with a stunning exchange between Conservative MP Michelle Rempel Garner and chief negotiator Steve Verheul on the privacy analysis (or lack thereof) conducted by Canadian officials:
Broadcast Panel Chair Says Canada Already Licenses News Organizations So Why Not Internet Companies?
Janet Yale, the chair of the Broadcasting and Telecommunications Legislative Review Panel, appeared earlier this week before the Standing Committee on Canadian Heritage to provide an update on the report. Her opening remarks directly addressed concerns regarding the regulation of news, claiming that there has been some confusion on the issue. Yet far from clearing up any “confusion”, Yale proceeded to inaccurately describe the state of news regulation in Canada and advocate for an expansive regulatory framework for Internet-based news aggregators:
Who Runs Canadian Telecom Policy Anyway?: Why the Telus Threats at the CRTC Will Backfire
The big headline story from the first week of the CRTC hearing into the wireless market was undoubtedly Telus CEO Darren Entwistle closing hours of testimony with a threat to slash investment and jobs if the Commission follows through with a mandated MVNO model. Entwistle told the CRTC:
There’s been a lot of conjecture related to disinvestment or reduced investment. It’s been a high topic related to what will happen as it pertains to MVNOs being introduced or another 25 percent price reduction being enforced, having already bettered the existing one that’s in place. And there are some views that this is just theatre perpetrated by the incumbents, in that if mandated MVNOs come to fruition or there’s an enforced second tier 25 percent reduction we will go on with status quo investing.
So one of the additional things I would like to file with you in confidence that I brought here today is a Board resolution at TELUS signed by all of our Board directors instructing management to pursue an investment reduction plan and a job reduction plan and a philanthropic giving reduction plan should these eventualities present themselves. And we’re discussing numbers where the reduction, and we’ll go public with it, but I’ll file with you the Board resolution, in the vicinity of a billion dollars of reduced investment over the next 5‑year. The reduced employment is in the zip code of 5,000 jobs over the next 5‑years.
In other words, in a bid to demonstrate that this was not theatre, Entwistle engaged in theatrics by pointing to a resolution from a board of which he is a member that supports his case.
The Broadcast Panel Report and Canadian Stories: Take the Cancon Quiz
The Motion Picture Association – Canada this week promoted the Canadian link to Sonic the Hedgehog movie, the top grossing movie in the world at the moment. Much of the movie was filmed in British Columbia, generating millions in production spending and creating nearly 1,500 jobs. Normally, this would be viewed as a good news story and indicative of the global competitiveness of film and production in Canada. Yet the Broadcast and Telecommunications Legislative Review Panel report downplays the importance of this production, crafting policy recommendations that emphasizes the importance of supporting Canadian stories as a critical aspect of its approach.
Indeed, the willingness to violate net neutrality norms, impose discoverability requirements, and establish a global levy system for websites and services around the world is primarily based on the argument that Canadian policy must work to promote the production of Canadian content. This policy goal is framed as the need for Canada “to continue to assert its cultural sovereignty and Canadians can continue to express their identity and culture through content.”
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