Last month I posted on the responses to the CRTC’s consultation on the future of Canadian programming, which yielded over 200 submissions that envision extensive Internet regulation and taxation. The CRTC has published a reference document for the second stage of its consultation that runs until January 31, 2018. My full submission for the first stage of the consultation can be found here.
Latest Posts
Canadian Position on Data Localization Rules in Trade Deals Revealed: Protection for Government Data Only
Data localization rules, which require data to be stored locally, have emerged as an increasingly popular legal method for providing some additional assurances about the privacy protection for personal information. Although heavily criticized by those who fear that it harms the free flow of information, requirements that personal information be stored within the local jurisdiction is an unsurprising reaction to concerns about the lost privacy protections if the data is stored elsewhere. Data localization requirements are popping up around the world with European requirements in countries such as Germany, Russia, and Greece; Asian requirements in Taiwan, Vietnam, and Malaysia; Australian requirements for health records, and Latin America requirements in Brazil. Canada has not been immune to the rules either with both British Columbia and Nova Scotia creating localization requirements for government data.
Framing the Copyright Review: Bains and Joly Reference the Public Domain, Flexibility, Open Access and Limits of the Law
The government launched its copyright review earlier this week with a Parliamentary motion to send the review to the Standing Committee on Industry, Science and Technology. I wrote a preview of some of the likely issues, noting the efforts of lobby groups to restrict fair dealing, extend the term of copyright, and target intermediary liability. Yet the letter from Ministers Navdeep Bains and Melanie Joly to committee chair Dan Ruimy, which should be posted online shortly, confirms that the government appreciates the competing perspectives on copyright and the limits of what the law can (or should) do.
Industry Committee Calls for CASL Clarification, Rejects Demands for Anti-Spam Law Overhaul
The Standing Committee on Industry, Science and Technology has released its final report on CASL, Canada’s anti-spam legislation. While some groups pleaded for a legislative overhaul – Scott Smith of the Canadian Chamber of Commerce “urge[d] this committee to take a stand on this legislation and make recommendations for a significant overhaul” – the committee adopted a far more cautious tone, limiting the recommendations on substantive provisions to “clarifications” of the law. The emphasis on clarification (it even appears in the study title) is clearly intentional, stopping short of specifying any precise legislative amendments. I appeared before the committee, arguing that spam and spyware pose real risks and that there is evidence that the law has been effective in reducing spam and improving the effectiveness of electronic marketing.
As the U.S. Retreats, Canada Doubles Down on Net Neutrality: “An Open Internet is Critical to Our Democracy”
As the U.S. Federal Communications Commission prepares to rollback net neutrality protections, the Canadian government has used the controversy to double down on its support for net neutrality safeguards, linking it to democracy, equality, and freedom of expression. I’ve written several posts on how the U.S. decision may impact Canadian Internet users and businesses and noted how Canadian NAFTA negotiators have indicated that they support inclusion of a net neutrality provision within the agreement’s new digital trade chapter.
Recent Posts
Risky Business: The Legal and Privacy Concerns of Mandatory Age Verification Technologies 
Another Canadian Digital Policy Own Goal: Corporate TikTok Ban Leads to Millions in Lost Cultural Group Support 
The Law Bytes Podcast, Episode 239: The Rise and Fall of Canada’s Digital Services Tax 
Canada’s DST Debacle a Case Study of Digital Strategy Trouble 
Canadian Government Caves on Digital Services Tax After Years of Dismissing the Risks of Trade Retaliation
