Podcasts

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The Law Bytes Podcast, Episode 196: Vibert Jack on the Supreme Court’s Landmark Bykovets Internet Privacy Ruling

The federal government has struggled to update Canadian privacy laws over the past decade, leaving the Supreme Court as perhaps the leading source of privacy protection. In 2014, the court issued the Spencer decision, which affirmed a reasonable expectation of privacy in basic subscriber information and earlier this month it released the Bykovets decision, which extends the reasonable expectation of privacy to IP addresses.

 Vibert Jack is the litigation director of the BC Civil Liberties Association, which successfully intervened in the case. He joins the Law Bytes podcast to examine the case, including the evolution of Canadian law, the court’s analysis, and the implications of Bykovets for Internet privacy in Canada.

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March 18, 2024 5 comments Podcasts
Internet Safety by Alan Levine https://flic.kr/p/aupWJP (CC BY 2.0)

The Law Bytes Podcast, Episode 195: Vivek Krishnamurthy on What You Need to Know About the Online Harms Act

The Online Harms Act is the culmination of years of public debate over whether – or how – the government should establish a regulatory framework for Internet platforms in dealing with online harms. Bill C-63 is already attracting considerable controversy, particularly over proposed changes to the Criminal Code and the Human Rights Act. To help unpack the bill, Vivek Krishnamurthy, an Associate Professor at the University of Colorado Law School, joins this week’s Law Bytes podcast. Vivek is a former colleague and Director of the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic and he served as a Commissioner on the Canadian Commission on Democratic Expression and was a member of the government’s Expert Panel on Online Harms.

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March 11, 2024 11 comments Podcasts
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The Law Bytes Podcast, Episode 194: CCH Turns 20 – Scott Jolliffe Goes Behind the Scenes of the Landmark Copyright Case That Ushered in Users’ Rights

Twenty years ago today the Supreme Court of Canada released CCH Canadian v. Law Society of Upper Canada, a decision that stands as perhaps the most consequential in Canadian copyright law history as it would firmly establish fair dealing as a users right and serve as the foundation for copyright law in Canada for decades to come. Leading off the hearing several months earlier for the Law Society was Scott Joliffe, an IP litigator with the law firm Gowlings. Joliffe was charged with arguing the fair dealing aspects of the case, but it was only at last moment that users right entered the picture. To mark its 20th anniversary, Joliffe joins the Law Bytes podcast to talk about the CCH case, his strategy and insights from the hearing, and his thoughts on its impact many years later.

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March 4, 2024 7 comments Podcasts
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The Law Bytes Podcast, Episode 193: The Online Harms Act is Nearly Here – A Backgrounder and Preview

The government plans to introduce the Online Harms Act later today, bringing forward long-delayed legislation that will include new responsibilities and liabilities for Internet platforms alongside an extensive complaints and enforcement governance structure. What is likely to be Bill C-63 will focus on protecting children online and will be the most contentious of the government’s Internet regulation bills given the challenge of balancing safeguards with freedom of expression.

This week’s Law Bytes podcast features a combined backgrounder and preview of the bill as I walk through the years of failed consultations, expert panels, changing ministers, and challenges in bringing it forward, highlight the key issues at stake, and contrast the online harms bill with Bill S-210, which seems destined to share the spotlight.

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February 26, 2024 9 comments Podcasts
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The Law Bytes Podcast, Episode 192: Kate Robertson on the Privacy, Expression and Affordability Risks in Bill C-26

Bill C-26, alternately described as a cyber-security, critical infrastructure or telecom bill, remains largely below the radar screen despite its serious implications for privacy, expression, and affordable network access. The bill is currently being studied at a House of Commons committee that seems more interested in partisan political gamesmanship rather than substantive hearings. Kate Robertson is lawyer and senior research associate at the Citizen Lab in the Munk School at the University of Toronto who is a former criminal counsel and the co-author of one of the most extensive Bill C-26 committee submissions. She appeared last week at the committee studying the bill, but with limited opportunity to engage on the issues, she joins the Law Bytes podcast to talk about the bill, the concerns it raises, and some of the potential fixes.

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February 12, 2024 3 comments Podcasts