The battle over a digital services tax has been the subject of Law Bytes podcast episodes for several years as the Canadian government signalled its intent to move ahead with one even as US officials warned of risks of trade retaliation if they did so outside of an international framework. With the DST now in effect, what does trade law have to say and how might the US respond? Meredith Lilly is a full Professor and Simon Reisman Chair in International Economic Policy at Carleton University’s Norman Paterson School of International Affairs. She joins me on the Law Bytes podcast to discuss the current digital trade policy tensions, what our agreements say about complaints and retaliation, as well as explain why a U.S. response on at least the DST seems likely.
Post Tagged with: "c-11"
The Law Bytes Podcast, Episode 208: Will Page on Why the CRTC’s Bill C-11 Ruling is Discriminatory and May Ultimately Hurt the Canadian Music Market
The recent CRTC Bill C-11 decision mandating that streaming services pay 5 percent of their revenues has left seemingly everyone unhappy and has sparked multiple legal challenges. While much of the focus has been on video streaming, music was a core part of Bill C-11 and the implications for music streaming services may be the most pronounced. Will Page is the perfect person to unpack these issues. He is the author of the critically acclaimed book Tarzan Economics, the former Chief Economist of Spotify and PRS for Music, the co-host the Bubble Trouble podcast and a regular contributor to BBC, Financial Times, and The Economist. He joins the Law Bytes podcast to provide new data on what the CRTC’s numbers mean and why the decision could ultimately move the Canadian market backwards rather than forward.
The Law Bytes Podcast, Episode 207: The State of Digital Law and Policy in Canada as Parliament Breaks for the Summer
Parliament adjourned for the summer last week, meaning both the House of Commons and Senate are largely on hold until mid-September. The Law Bytes podcast focuses intensively on Canadian legislative and digital policy developments and with another Parliamentary year in the books, this week’s episode takes a look back and take stock of where things stand. It features discussion on the implementation of the Internet streaming and news bills (C-11 and C-18) as well as an analysis of the current state of privacy, AI, online harms, and digital tax as found in Bills C-27, C-63, C-69, S-210 and C-27.
Road to Nowhere: Parliament Breaks For the Summer With Little Accomplished on Digital Policy
The House of Commons adjourned for the summer yesterday with most committees and House debate on hold until mid-September. The government talked up its accomplishments, but on the digital policy front there was little to promote. The government’s most controversial digital-related bills including online harms (Bill C-63) and privacy and AI regulation (Bill C-27) barely moved during the session, a function of badly bloated legislation that create at least as many problems as they solve. With an election a little more than a year away, the clock is ticking and many legislative proposals will be hard pressed to become law.
Where do things stand on the key pieces of legislation?
Government Court Filing on Bill C-11: “The Act Does Allow For the Regulation of User-Uploaded Programs on Social Media Services”
The public outcry over the Online Streaming Act is largely in the rear view mirror as the law is now at the CRTC facing years of regulatory and court battles. Last week, the Commission issued its first major ruling on mandated payments by Internet streaming services, a decision that, as I’ve written and discussed, is likely to increase consumer costs with limited benefit to the film and television sector. While Bill C-11 may ultimately become associated with the consumer implications and the CRTC’s failure to consider the market effects, for many Canadians the bill is inextricably linked to fears of user content regulation. For the better part of two years, a steady parade of government ministers and MPs insisted that user content regulation was out of the bill even as a plain reading made it clear that it was in. This week Ministry of Justice lawyers provided their take, arguing on behalf of the government in a court filing that “the Act does allow for regulation of user-uploaded programs on social media services.”
Recent Posts
The Law Bytes Podcast, Episode 210: Meredith Lilly on the Trade Risks Behind Canada’s Digital Services Tax and Mandated Streaming Payments 
Abandoning Institutional Neutrality: Why the University of Windsor Encampment Agreements Constrain Academic Freedom and Freedom of Expression 
The Law Bytes Podcast, Episode 209: Peter Menzies on Why the Canadian News Sector is Broken and How to Fix It 
Why the University of Windsor Encampment Agreement Violates Antisemitism and Academic Freedom Standards 
Know When to Fold Em: The Big Risk Behind Canada’s Digital Services Tax Bet
