Digital issues were expected to garner attention in the 2019 Canadian federal election campaign. Over the course of the past few weeks, all the main political parties have had something to say about the high cost of cellphone prices in Canada and the prospect of implementing new taxes on tech companies. Laura Tribe, the Executive Director of OpenMedia, joined the podcast to talk about election 2019 and digital policies in a conversation that focused on wireless services and Internet taxes as well as privacy, intermediary liability, trade, and copyright.
Latest Posts
CBC vs. CPC: Why the CBC’s Attempt to Use Copyright to Stifle Expression Backfired Badly
The CBC’s copyright infringement lawsuit against the Conservative Party over the use of seven short video clips in a campaign ad and several Twitter postings sparked a torrent of criticism as even CBC supporters wondered what executives were thinking. My Globe and Mail op-ed notes that the public broadcaster claimed it was defending the independence of its journalists and journalism, yet the opposite predictably occurred, with many believing that the lawsuit itself demonstrated a political bias.
What Was the CBC Thinking?: A Closer Look at the Video Clips in its Copyright Lawsuit Against the Conservative Party
The CBC decision to sue the Conservative Party for copyright infringement over seven clips that were either used in a campaign ad or posted to Twitter has unsurprisingly garnered considerable attention. While the CBC claims that its lawsuit was designed to defend perceptions of independence of its journalists and journalism, the opposite has predictably occurred with many believing that the lawsuit itself (filed eleven days before the election after the content was removed) demonstrates bias against the Conservative party. Not only does the lawsuit fuel perceptions of bias, but it causes enormous damage to CBC journalists – Rosemary Barton and John Paul Tasker – who are both named as plaintiffs in the lawsuit. The CBC now says it will file an application to remove them from the suit, but it is hard to understand how anyone at the public broadcaster thought it was a good idea to have one of its lead news anchors and a parliamentary reporter sue a political party.
CBC Sues the Conservative Party of Canada for Copyright Infringement Citing Campaign Video, Posting Debate Excerpts on Twitter
The CBC has filed a copyright infringement lawsuit against the Conservative Party over the use of clips on its Not As Advertised website and the use of debate clips on its Twitter feed. The lawsuit, filed yesterday in federal court, claims that a campaign video titled “Look at What We’ve Done” contained multiple excerpts from CBC programming in violation of copyright law. Moreover, the CBC also cites tweets that included short video clips of between 21 seconds and 42 seconds from the English-language leaders’ debate. The CBC argues that posting those clips on Twitter also constitutes copyright infringement.
Why Political Parties + Mass Data Collection + Religious Targeting + No Privacy Laws = Trouble
Earlier this week, I opened my mailbox to find the above pictured campaign flyer from the Conservative Party. The flyer asks “Who Is the Real Friend of Israel and the Jewish Community in Canada” on the outside and tries to make the case for the Conservatives on the inside. The flyer was personally addressed to my family and was apparently sent to many Jewish households (or presumed Jewish households). As I noted in a tweet yesterday, I don’t know how my family made it into the Conservative party list. The party might have visited the house, saw a mezzuzah on the door, and made the connection. Maybe it bought a list with the name from a community organization or publication. Or perhaps it just guessed based on geographic areas or names.
Recent Posts
The Law Bytes Podcast, Episode 233: Abdi Aidid on AI, the Law and the Future of Legal Practice 
When the Drumbeat of Intolerance Becomes Too Loud to Ignore: Reflections on Campus Antisemitism, Academic Freedom and My Global Technology Law Exchange Course 
Solomon’s Choice: Charting the Future of AI Policy in Canada 
The Law Bytes Podcast, Episode 232: What Will Canadian Digital Policy Look Like Under the New Liberal Carney Government? 
The Law Bytes Podcast, Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards
