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There Are Many Serious Concerns About Facebook. Why the Australia News Fight Isn’t One of Them

Earlier this week, Facebook announced that it plans to stop allowing publishers and users to share news on both Facebook and Instagram in Australia. The decision came after months of public debate and private negotiations on potential payments from the social media giant to news organizations. When the Internet platforms and the news organizations led by Rupert Murdoch’s News Corp (by the far the largest media organization in Australia) were unable to arrive at a deal, the Australian government and its regulator announced that it would legislate a solution by requiring Google and Facebook to pay publishers for content posted by its users on its site. The Facebook decision to block news sharing on its platforms has been described as a “threat” to the government and democracy, leading to supportive op-eds calling on the Australian government to push back against the company. Canadian Heritage Minister Steven Guilbeault has denounced the move, stating “the Canadian government stands with our Australian partners and denounces any form of threats.”

There are many serious concerns about Facebook: it is in federal court in a battle over whether it violated Canadian privacy law, its response to potentially misleading political advertising has been inadequate, it has moved too slowly in removing posts that urge violence, it faces antitrust investigations, it has paid billions in penalties for its conduct, and many simply fear it is too powerful. But it is in the right in this battle over news in Australia and the Canadian government would be wrong to emulate the Australian approach.

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September 4, 2020 8 comments News
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The LawBytes Podcast, Episode 65: My Ian Kerr Memorial Lecture – Privacy and Zambonis in the Age of COVID-19

One year ago this week, Ian Kerr, a friend, colleague, teacher, and prescient scholar in the world of law, technology, and ethics, passed away. Ian’s loss sparked an outpouring of stories of a truly exceptional person whose friendship, mentorship, and “en-Kerr-agement”, left a remarkable legacy with so many citing his impact as a defining moment in their lives and careers. Given the impact Ian had on the privacy world, the IAPP launched an annual lecture in his honour at the IAPP Canada Privacy Symposium. While this year’s symposium was cancelled, the Kerr Memorial Lecture went ahead with an online streamed lecture.

I was honoured to deliver the inaugural lecture, titled Privacy and Zambonis in the Age of COVID-19. This week’s podcast features that lecture, which I think is most notable for exploring how Ian’s scholarship remains so fresh and relevant today with much to teach about the challenges of privacy in our current world.

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August 24, 2020 Comments are Disabled Podcasts
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The LawBytes Podcast, Episode 64: “You’re Seeing the Breakup of the Web” – Anupam Chander on the Battle over TikTok

TikTok has found itself at the centre of a global geo-political fight between the United States and China. U.S. President Donald Trump, citing privacy, censorship, and national security concerns, first declared his plan to ban the app from the country and later followed up with an Executive Order prohibiting commercial activities with TikTok after a 45 day implementation period. What does the battle over TikTok and other Chinese-owned apps mean for their users and for the future of an open and accessible Internet? Anupam Chander, a law professor at Georgetown University and leading expert on the global regulation of new technologies, joins the podcast to explain the recent developments, unpack the legal issues, and assess the broader geo-political implications.

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August 17, 2020 3 comments Podcasts
The LawBytes Podcast, Episode 63: Ontario Privacy Commissioner Patricia Kosseim on the COVID Alert App

The LawBytes Podcast, Episode 63: Ontario Privacy Commissioner Patricia Kosseim on the COVID Alert App

The Canadian government released its COVID Alert, its COVID-19 exposure notification app, earlier this month starting first with a roll-out in Ontario. I’ve written how I’ve made the decision to install it, noting that the voluntary app does not collect personal information nor provide the government (or anyone else) with location information. The app underwent two privacy reviews, engaging both the federal privacy commissioner and the Ontario information and privacy commissioner.

Patricia Kosseim, the newly appointed Ontario privacy commissioner, had only been on the job for a few hours before she was dealing with the app that was bound to attract public attention. Commissioner Kosseim joins me on the podcast to discuss the app, her review, the interaction between different governments and commissioners, and why she installed the app the day it was released.

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August 10, 2020 1 comment Podcasts
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The LawBytes Podcast, Episode 62: Colin Bennett on What the Schrems II Decision Means for Global Data Transfers and Canadian Privacy Law

The Schrems II decision, a recent European Court of Justice ruling that declares the Privacy Shield program that facilitates data transfers between the EU and the United States invalid, has major implications for modern commercial data related activities such as cross-border data transfers. The decision will reverberate in countries around the world, including Canada. For example, Canadian privacy law was found many years ago to meet the EU’s adequacy standard, but the Schrems II may call that into question.

Colin Bennett is a political science professor at the University of Victoria and one of Canada’s leading privacy experts. He has written multiple books on privacy and surveillance and focuses on the development and implementation of privacy protection policies at the domestic and international levels. He joins the podcast to discuss the Schrems II decision and what it means for global data transfers and the future of Canada’s privacy law framework.

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August 4, 2020 5 comments Podcasts