Konrad Von Finckenstein - CRTC Chairman @ Banff World Media Festival 2011 by Kempton (CC BY-NC-ND 2.0) https://flic.kr/p/9Ticaw

Episode 91: “This is No Way to Regulate” – Former CRTC Chair Konrad von Finckenstein Speaks Out on the CRTC and Bill C-10

Communications issues have been in the political spotlight in recent weeks with the controversial CRTC decision to reverse a pricing decision on wholesale broadband that swiftly led to calls for the resignation of Commission Chair Ian Scott as well as the ongoing battle over Bill C-10, which envisions granting extensive new powers to the CRTC.

Konrad von Finckenstein is a former chair of the CRTC, having led the Commission during a similarly contentious time during debates over net neutrality. He has since been outspoken on communications policy issues, including arguing that Bill C-10 should be scrapped and re-written. He joins the Law Bytes podcast to talk about the CRTC, the recent decisions, and what he thinks a better approach to Internet and broadcast regulation would look like.

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June 7, 2021 0 comments
apolitik_algorithm by ApolitikNow (CC BY-NC-ND 2.0) https://flic.kr/p/q9JmSt

Episode 90: Fenwick McKelvey on Bill C-10, Discoverability and the Missing Representation of a New Generation of Canadian Creators

Weeks into a high profile debate over Bill C-10, the issue of discoverability of Canadian content has emerged as a policy tug of war between supporters that want the CRTC to intervene by mandating the discoverability of Canadian content on sites such as Youtube and Tiktok and critics that argue the approach would raise significant freedom of expression and net neutrality concerns. But what exactly is “discoverability” and how would it impact both users and the thousands of Canadian creators that have already found success on digital platforms?

Fenwick McKelvey is a communications professor at Concordia University who has written more about the discoverability and algorithmic media  than anyone in Canada. He has regularly participated in CRTC hearings and was the co-author of a leading study on the issue commissioned by Canadian Heritage. He joins the Law Bytes podcast to talk about discoverability, his frustrations with its implementation in Bill C-10, and the potential consequences for Canadian creators.

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May 31, 2021 1 comment
freedom of expression by Jason Taellious (CC BY-SA 2.0) https://flic.kr/p/5kTNEG

Episode 89: A Special Episode on Debating Bill C-10 at the Canadian Heritage Committee

With yesterday’s Standing Committee on Canadian Heritage meeting with experts on Bill C-10 and its implications for freedom of expression, this is a special Law Bytes episode featuring my opening statement and engagement with Members of Parliament. The discussion canvassed a wide range of issues including how regulating user generated content makes Canada an outlier worldwide, the impact on net neutrality, and why discoverability requirements constitute speech regulation. There is a second post that features my opening statement to the committee.

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May 18, 2021 0 comments
2021-03-13_05-38-16 by Steve Rainwater https://flic.kr/p/2kKGKBN (CC BY-SA 2.0)

Episode 88: Ellen ‘T Hoen on Waiving Patents to Support Global Access to COVID Vaccines

The global struggle for access to COVID-19 vaccines took a dramatic turn recently as the Biden Administration in the United States unexpectedly reversed its longstanding opposition to a patent waiver designed to facilitate access to vaccines in the developing world. The shift seemingly caught many by surprise. Pharmaceutical companies were quick to voice opposition and U.S. allies found themselves being asked to take positions. That was certainly the case in Canada, where the Canadian government has steadfastly refused to support the waiver with repeated claims that it had yet to make a decision.

Ellen ‘t Hoen, is a lawyer and public health advocate with over 30 years of experience working on pharmaceutical and intellectual property policies. From 1999 until 2009 she was the director of policy for Médecins sans Frontières’ Campaign for Access to Essential Medicines. In 2009 she joined UNITAID in Geneva to set up the Medicines Patent Pool (MPP). Ellen is currently the director of Medicines Law & Policy and a researcher at the University Medical Centre Groningen. She joins the Lawbytes podcast this week to talk about the fight for a patent waiver and the implications of the Biden decision for global access to COVID vaccines.

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May 17, 2021 0 comments
Free Speech by John Morton (CC BY-SA 2.0) https://flic.kr/p/h6wm8

Episode 87: What You Need to Know About Bill C-10

This past week Bill C-10, Internet free speech, and the government’s digital policy agenda went mainstream as a lead topic in government, the media, and among many Canadians. This week’s Law Bytes podcast departs from the standard format as I explain why the bill has suddenly become a hot topic, how the government has been inconsistent and at times incoherent in its attempts to justify the bill, and why the concerns regarding freedom of speech and CRTC over-regulation are absolutely justified.

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May 10, 2021 0 comments