Podcasts

google-right-to-be-forgotten-banner by EFF, (CC BY 3.0 US) https://www.eff.org/deeplinks/2019/09/european-courts-decision-right-be-forgotten-case-win-free-s

The Law Bytes Podcast, Episode 95: Mark Phillips on the Federal Court of Canada’s Right to be Forgotten Ruling

Several years ago, the Privacy Commissioner of Canada filed a reference with the federal court in a case that was billed as settling the “right to be forgotten” privacy issue. That may have overstated matters, but the case did address a far more basic question on whether the privacy law applies to Google’s search engine service when it indexes webpages and presents search results in response to searches of an individual’s name. Earlier this month, the federal court released its decision, concluding that it does.

Mark Phillips is a Montreal-based lawyer practicing primarily in the areas of privacy, access to information, civil litigation, and administrative law in both Quebec and Ontario. His client – whose identity remains confidential under order of the court – filed the complaint that ultimately led to federal court decision. He joins the Law Bytes podcast to talk about the case, where the right to be forgotten stands under Canadian law, and what might come next.

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July 19, 2021 — 2 comments — Podcasts
The CRTC listened intently to the CFRO presentation. by Robin Puga https://flic.kr/p/8XhHm1 Public domain

The Law Bytes Podcast, Episode 94: Former CRTC Vice Chair Peter Menzies Reflects on the Battle over Bill C-10

The Liberal government strategy to push through Bill C-10 bore fruit last week as the controversial Broadcasting Act reform bill, received House of Commons approval at 1:30 am on Tuesday morning. Bill C-10 proceeded to receive first reading in the Senate later that same day and after a series of Senate maneuvers, received second reading from Senator Dennis Dawson the following day. That sparked Senate debate in which everyone seemed to agree that the bill requires significant study and should not be rubber-stamped. Speeches are likely to continue on this week after which the bill will be sent to committee. Given that the committee does not meet in the summer, an election call in the fall would kill Bill C-10.

Peter Menzies is a former Vice-Chair of the CRTC and one of the most outspoken experts on Bill C-10. He joins the Law Bytes podcast to reflect on the last two months of the Bill C-10 debate, discuss the limits of CRTC regulation, and explore what comes next.

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June 28, 2021 — 3 comments — Podcasts
What are you looking at? by Jonas Bengtsson https://flic.kr/p/3bkGjq (CC BY 2.0)

The Law Bytes Podcast, Episode 93: Lex Gill on the RCMP, Clearview AI and Canada’s History of Surveillance

Earlier this month, the Privacy Commissioner of Canada released a scathing report on the RCMP’s use of facial recognition technology, particularly its work with Clearview AI. The report was particularly damaging as the Commissioner found that the RCMP wasn’t truthful when it said it didn’t work with Clearview AI and then gave inaccurate information on the number of uses when it was revealed that it did. In fact, even after these findings, the RCMP still rejected the Privacy Commissioner’s findings that it violated the Privacy Act.

Lex Gill is a Montreal-based lawyer where she is an affiliate at the Citizen Lab and teaches at McGill University’s Faculty of Law. She has also worked at the Canadian Civil Liberties Association and the Canadian Internet Policy and Public Interest Clinic. She joins the podcast to discuss the Commissioner’s findings and to explain why this is best viewed as part of a long cycle of surveillance that has often targeted social movements or vulnerable populations.

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June 21, 2021 — 2 comments — Podcasts
Konrad Von Finckenstein - CRTC Chairman @ Banff World Media Festival 2011 by Kempton (CC BY-NC-ND 2.0) https://flic.kr/p/9Ticaw

The Law Bytes Podcast, Episode 91: “This is No Way to Regulate” – Former CRTC Chair Konrad von Finckenstein Speaks Out on the CRTC and Bill C-10

Communications issues have been in the political spotlight in recent weeks with the controversial CRTC decision to reverse a pricing decision on wholesale broadband that swiftly led to calls for the resignation of Commission Chair Ian Scott as well as the ongoing battle over Bill C-10, which envisions granting extensive new powers to the CRTC.

Konrad von Finckenstein is a former chair of the CRTC, having led the Commission during a similarly contentious time during debates over net neutrality. He has since been outspoken on communications policy issues, including arguing that Bill C-10 should be scrapped and re-written. He joins the Law Bytes podcast to talk about the CRTC, the recent decisions, and what he thinks a better approach to Internet and broadcast regulation would look like.

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June 7, 2021 — 1 comment — Podcasts
apolitik_algorithm by ApolitikNow (CC BY-NC-ND 2.0) https://flic.kr/p/q9JmSt

The Law Bytes Podcast, Episode 90: Fenwick McKelvey on Bill C-10, Discoverability and the Missing Representation of a New Generation of Canadian Creators

Weeks into a high profile debate over Bill C-10, the issue of discoverability of Canadian content has emerged as a policy tug of war between supporters that want the CRTC to intervene by mandating the discoverability of Canadian content on sites such as Youtube and Tiktok and critics that argue the approach would raise significant freedom of expression and net neutrality concerns.
But what exactly is “discoverability” and how would it impact both users and the thousands of Canadian creators that have already found success on digital platforms?

Fenwick McKelvey is a communications professor at Concordia University who has written more about the discoverability and algorithmic media  than anyone in Canada. He has regularly participated in CRTC hearings and was the co-author of a leading study on the issue commissioned by Canadian Heritage. He joins the Law Bytes podcast to talk about discoverability, his frustrations with its implementation in Bill C-10, and the potential consequences for Canadian creators.

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May 31, 2021 — 3 comments — Podcasts
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