The House of Commons and Senate return from a lengthy break this week and will likely run until late June with the occasional week or two off. Digital policy may not attract top line attention, but it has emerged as one of the government’s most active issues. This week’s Law Bytes podcast provides a preview of the upcoming session, looking at what may lie ahead for issues such as telecom policy, privacy reform, Bills C-11 and C-18, copyright, and trade policy.
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The Law Bytes Podcast, Episode 152: Konrad von Finckenstein on the Challenges That Lie Ahead for the CRTC
The start of a new year often means a fresh start and for the CRTC, it meant welcoming a new chair, as Vicky Eatrides officially took over as chair a few days into 2023. Eatrides comes to the Commission at a particularly busy time with wireless competition concerns top of mind for many Canadians and the government set to ask the Commission to play a pivotal role in implementing Bills C-11 and C-18.
Konrad von Finckenstein is someone who knows quite a bit about the challenges faced by new CRTC chairs, having served in the role from 2007 to 2012. He was recently appointed to the Order of Canada for his many contributions to public life and he joins me on the Law Bytes podcast to reflect on those experiences in the context of the CRTC. Our conversation reflects on what is involved in launching entirely new programs, ensuring public engagement, and developing policies that enjoy both public support and can withstand potential legal challenges.
Listen Up: My Recent Podcast Appearances on Bills C-11, C-18 and Canadian Copyright Law
Parliament remains on break for most of the month of January, but that hasn’t cooled interest in Bills C-11 and C-18. I’ve appeared on several podcasts in recent weeks on these bills that may interest. Last week, I was pleased to appear on CBC’s Front Burner for an episode titled “Will Canada Make Web Giants Pay For News?”. The discussion with host Jayme Poisson focused on the implications of paying for links, the inclusion of the CBC in the system, and potential alternatives that would mitigate against the harms created by the bill.
Elon Musk’s Twitter Linking Restrictions May Have Been Short-Lived, But Bill C-18 is Based on a Similar Approach to Links
The dismantling of Twitter over the past six weeks has been incredibly distressing for millions of users who have come to rely on the platform. From the mass layoffs to journalist suspensions to this weekend’s seemingly short-lived policy blocking some links to rival services, it has been a head-spinning stretch since Elon Musk assumed ownership of the service in late October. In response, many have established a presence on various alternatives: you can now also find me on Mastodon, Post, and Substack. As Twitter users promote these alternatives, on Sunday the company briefly unveiled a new policy that involved removing “accounts created solely for the purpose of promoting other social platforms and content that contains links or usernames for the following platforms: Facebook, Instagram, Mastodon, Truth Social, Tribel, Nostr and Post.” From an operational perspective, this would have meant blocking some links to rival platforms big (Facebook, IG), growing (Mastodon), and small (Post).
The Law Bytes Podcast, Episode 151: The Year in Canadian Digital Law and Policy and What Lies Ahead in 2023
Canadian digital law and policy in 2022 was marked by legislative battles over Bills C-11 and C-18, the Rogers outage, stalled privacy and AI reform, copyright term extension, and a growing trade battle with the U.S. over Canadian policies. For this final Law Bytes podcast of 2022, I go solo without a guest to talk about the most significant trends and developments in Canadian digital policy from the past year and to think a bit about what may lie ahead in 2023.
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“Shock” and the Bondi Beach Chanukah Massacre 
The Catch-22 of Canadian Digital Sovereignty
