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I Just Did. by Dennis Sylvester Hurd https://flic.kr/p/2hykFqz Public Domain

The Law Bytes Podcast, Episode 101: OpenMedia’s Laura Tribe on Digital Policy and the 2021 Canadian Election

It is election day in Canada following a late summer campaign in which the focus was largely anything but digital issues: COVID, climate change, Afghanistan, and affordability all dominated the daily talking points. The digital policy issues that grabbed attention throughout the spring – Bill C-10, online harms, wireless pricing – were largely absent from the discussion and in some cases even from party platforms. Laura Tribe, the executive director of OpenMedia, joins the Law Bytes podcast to discuss digital policies and the 2021 election campaign. Our conversation walks through a wide range of issues, including the surprising omission of wireless pricing from the Liberal platform, the future of Bill C-10, and the failure of privacy reform to garner much political traction.

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September 20, 2021 7 comments Podcasts
Video in Honour of Prof. David Vaver’s Induction to the Order of Canada and Royal Society of Canada by Osgoode Hall Law School, https://www.youtube.com/watch?v=GmqVHrBdZ_Y

The Law Bytes Podcast, Episode 100: David Vaver With a Masterclass on Copyright and User Rights

The role of the public and the public interest has factored prominently into many of the Law Bytes podcast conversations. For the 100th episode, Osgoode Hall Law School Professor David Vaver, widely viewed as Canada’s leading IP expert, joins the podcast. The recipient of the Order of Canada, Professor Vaver provided the scholarly grounding for the emergence of user rights in copyright in Canada and around the world. In this episode, he gives a masterclass on the history of copyright, the emergence of user rights, Supreme Court copyright jurisprudence, and potential future copyright reforms.

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September 13, 2021 14 comments Podcasts
Arrival of Leaders by NATO https://flic.kr/p/2m5z5hJ (CC BY-NC-ND 2.0)

The Liberal Election Platform: Government Picks Internet Regulation Over Internet Affordability

The Liberal party released its election platform yesterday and perhaps everything you need to know can be gleaned from the fact that Canadian Heritage Minister Steven Guilbeault posted multiple tweets about plans for new cultural spending initiatives and Internet regulations in French without a single English language tweet. This is surely not a coincidence since the government’s digital policies have long been designed to curry favour in Quebec, even at risk of angering voters in the rest of Canada. Based on decision to forge ahead with Internet regulations with enormous implications for freedom of expression, alienating voters in the rest of Canada that have raised concerns with policies such as Bill C-10 is not a worry for the Liberal government.

Neither, it would seem, is the affordability of Internet and wireless services, which do not receive a single mention or direct policy measure. In doing so, the party has seemingly abandoned wireless competitiveness as an issue and unequivocally sided with the big telecom companies despite presiding over some of the world’s most expensive wireless services. The party platform is titled “Forward for Everyone” but not everyone moves forward in quite the same way with big telecom companies moving further ahead than Canadian consumers.

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September 2, 2021 14 comments News
DANGER INTERNETS AHEAD by Les Orchard (CC BY-NC 2.0) https://flic.kr/p/cSsSX

The Law Bytes Podcast, Episode 99: “They Just Seemed Not to Listen to Any of Us” – Cynthia Khoo on the Canadian Government’s Online Harms Consultation

Late last month – just weeks prior the national election call – Canadian Heritage Minister Steven Guilbeault released plans for online harms legislation with a process  that was billed as a consultation, but that is probably better characterized as an advisory notice, since there are few questions, options or apparent interest in hearing what Canadians think of the plans. Those plans include the creation of a bureaucratic super-structure that featuring a new Digital Safety Commission, a digital tribunal to rule on content removal, and a social media regulation advisory board. In terms of illegal content, the proposed legislation envisions a myriad of takedown requirements, content filtering, complaints mechanisms, and even website blocking.

Cynthia Khoo is an Associate at the Center on Privacy & Technology at Georgetown Law in Washington. She is also the author of a ground-breaking Canadian study for LEAF, the Women’s Legal Education and Action Fund, on holding digital platforms accountable for technology technology-facilitated gender-based violence. She joins the Law Bytes podcast in a personal capacity to discuss the government’s consultation and her recent report.

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August 23, 2021 21 comments Podcasts
Agir Pour La Liberte D'Expression by Deb Ransom https://flic.kr/p/2m7BZ4U Public Domain

The Conservative Election Platform: Freedom of Expression Commitment Tainted By Support for Payments for Links, Restrictions on Fair Dealing

The Conservative Party released its election platform yesterday, providing a lengthy document that covers a myriad of policy issues. From a digital policy perspective, there are positions sprinkled throughout the document, covering everything from a new innovation policy (an issue that the Liberals de-emphasized over the past two years and the Conservatives are right to target) to labour rights for gig workers.

On many issues, the reality is the policy platform isn’t all that different from the Liberal government’s approach.

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August 17, 2021 18 comments News