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Why the Coming Battle Over Canadian Privacy Reform Starts at Home

Canadian privacy law is now widely regarded as outdated and ill-equipped to address the emerging challenges that arise from the massive collection and use of personal information. Canada’s private sector privacy law was drafted in the 1990s, well before the advent of a data-driven economy and the need for reform has grown increasingly urgent as Canadian law falls behind comparable rules around the world.

Guided by Canada’s Digital Charter, a roadmap for reform released last spring, Minister of Innovation, Science and Industry Navdeep Bains has promised to lead on privacy reform. While many may expect opposition to tougher privacy rules to come from large Internet companies such as Facebook, my Globe and Mail op-ed notes that a recent report from the Business Council of Canada suggests that a bigger barrier may come from some of Canada’s largest companies, including big banks, airlines, retailers, insurance providers, and telecom giants.

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March 18, 2020 2 comments Columns
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The LawBytes Podcast, Episode 43: Heather Joseph on the Coronavirus and the Urgent Need for Open Access to Research Publications

Over the past several weeks, our world has been upended by Coronavirus or COVID-19 pandemic. Given the head-spinning changes taking place in our society, there is a widely recognized need for immediate open access to the latest research and medical developments. Yet despite the fact that the public often funds research in the area, the conventional publishing model often places that information behind paywalls or subscription fees. Heather Joseph, the Executive Director of SPARC, joins me on the podcast this week to discuss the response from publishers, funders and other stakeholders to the urgent need for access to COVID-19 research and what the response tells us about the issue of open access to scholarly research more broadly.

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March 16, 2020 1 comment Podcasts
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Industry Committee Recommends Adding Digital Lock Exception to USMCA Copyright Provisions

The Standing Committee on Industry, Science and Technology has released its recommendations for changes to Bill C-4, the bill designed to implement the Canada-US-Mexico Trade Agreement. I appeared before the committee and used this week’s Lawbytes podcast to highlight some of the discussion. The committee had a limited time to study the bill, but arrived at some important recommendations on the copyright and digital policy provisions.

First, it recommended adding a new exception to Canada’s digital lock rules to address concerns in the agriculture sector about the right to repair their equipment. The issue has been gaining momentum around the world as many identify the over-broad restrictions often associated with anti-circumvention laws. The recommendation:

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March 12, 2020 3 comments News
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The Cancon Conundrum: Why Policies to Promote “Canadian Stories” Need an Overhaul

Cultural policy in Canada can be contentious, but there is one issue – support for Canadian content or Cancon – that unsurprisingly enjoys near unanimous backing. Given the economic benefits, federal and provincial policies encourage both domestic and foreign film and television production in Canada, but there is a special place for certified Canadian content, which is typically defended on the basis of the need to support cultural sovereignty by promoting “Canadian stories.”

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March 10, 2020 6 comments Columns
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The LawBytes Podcast, Episode 42: What Does the Canada-US-Mexico Trade Agreement Mean for Digital Policy?

The ratification of the Canada – US- Mexico Trade Agreement has captured considerable attention with several committees studying Bill C-4, the bill aimed at ratifying the deal. Over the past month, I’ve had the opportunity to appear before two of those committees – the House of Commons Standing Committee on International Trade and on Industry, Science and Technology – where I discussed the digital law and policy implications the agreement. This week’s podcast features excerpts from those appearances, including my opening statement and the ensuing discussion with several MPs on copyright term extension, cultural policy, and privacy.

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March 9, 2020 2 comments Podcasts