Copyright law and policy was an important part of season one of the Law Bytes podcast with several episodes devoted to Canadian reforms as well as international developments. The Canadian copyright review figured prominently: Episode 4 featured clips from my appearance before the Standing Committee on Industry, Science and Technology including exchanges with MPs, a later episode contained my lecture on what the Canadian experience teaches about the future of copyright reform, and Carys Craig came on the podcast to discuss the Industry committee copyright review report.
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The Law Bytes Podcast, Season One in Review: The Privacy and Security Episodes
Season one of the Law Bytes podcast is in the books with 22 full episodes that covered a wide range of digital policy issues (plus one preview episode). New episodes will resume in the fall, but in the meantime I’ll be revisiting some of the major themes from the first season. Privacy and security issues was a prominent part of the discussion starting with the very first full episode featuring a conversation with UK Information Commissioner Elizabeth Denham. Commissioner Denham reflected on her years in Canada, particularly the Canadian Facebook investigation, concerns with the Google Buzz service, and the need for Canadian legislative reform in order to address today’s privacy challenges.
It’s Back: The Netflix Tax Debate Returns for the 2019 Election
Four years ago, then-prime minister Stephen Harper used the first week of the 2015 federal election campaign to pledge that if re-elected his government would not institute a Netflix tax. My Globe and Mail op-ed notes that the Liberals responded with a no Netflix tax promise of their own, which became government policy when Justin Trudeau was elected a few months later. Yet as Canada heads toward another election this fall, Canadian Heritage Minister Pablo Rodriguez and his party seem ready to place the spotlight on Netflix taxes once again. Only this time, the government will call out opposition parties that do not commit to new Internet taxes.
The LawBytes Podcast, Episode 23: The WIPO BRIP Database – Rick Shera on the MEGA Experience and the Dangers of False IP Claims
The last episode of Season One of the Lawbytes podcast (new episodes will resume in September) returns to WIPO, the World Intellectual Property Organization and its proposed BRIP database. The BRIP database, which stands for Building Respect for Intellectual Property, will be a database of allegedly infringing websites. While some of the details remain sketchy, the basics are that BRIP will be a database of allegedly infringing websites that could be used by advertisers to stop advertising on those sites, payment providers to stop service, or even site blocking initiatives to mandate ISP blocking. Yet the BRIP database currently envisions the possibility of lobby groups such as the movie and music associations inserting sites in the database with no oversight, no review, and not even any transparent standards.
That approach caught the attention of Rick Shera, a lawyer in New Zealand with Lowndes Jordan and one of that country’s leading IP and Internet law experts. Rick posted a Twitter stream on the risks associated with false IP accusations, speaking from the experience of one of his clients. He joins me on the podcast this week to discuss the experience of MEGA and the risks of false IP claims.
Canadian Government Consults on Expanding Pacific Trade Treaty to UK, Taiwan, South Korea, and Thailand
The Canadian government has launched a public consultation on expanding the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, formerly TPP) to other countries, specifically citing the UK, Taiwan, South Korea, and Thailand. The consultation could raise significant concerns as the UK would be the first non-Pacific country in the agreement and Taiwan could spark a response from China. Moreover, opening the agreement to new countries must likely factor in the possibility that the U.S. might want to re-enter the agreement if there is a change in administration in 2020.