For months, questions about digital sovereignty have dominated the Canadian digital policy landscape, with many concerned about domestic control over both computing infrastructure and the data that fuels the digital economy. The debate reflected mounting unease over the risks of relying on non-Canadian companies for what have become essential services, and fears that Canadian privacy safeguards could be overridden by foreign courts or governments. My Globe and Mail op-ed notes that these remain real concerns, but the past few weeks have revealed an overlooked threat that similarly speaks to a loss of control. While Canadians have been worried about others controlling our infrastructure or using our data, we have lost sight of the risks of Canada being locked out of the most capable artificial-intelligence models, with consequences that could leave the country in the second tier of AI.
Post Tagged with: "openai"
Why the Online Harms Act is the Wrong Way to Regulate AI Chatbots
In the wake of reports that AI Minister Evan Solomon may press AI companies such as OpenAI to more aggressively report potential safety risks identified in private chats to law enforcement, attention has quickly turned to the Online Harms Act as a potential regulatory solution. The Online Harms Act or Bill C-63, died on the order paper last year, but is expected to return in some form in the coming months. Given that the Act is tailor made to address online harms, it isn’t surprising that some would suggest that it could be expanded to cover AI chatbots.
Yet the law was deliberately designed to avoid doing what politicians want the AI companies to do as it expressly exempted private communications and proactive monitoring from its scope. Indeed, applying the Online Harms Act to AI chatbots would not simply extend existing online safety rules to a new technology. It would require dismantling core privacy safeguards which were added after the government’s earlier online harms proposal faced widespread criticism for encouraging platform monitoring and rapid reporting to law enforcement. In effect, proposals to use online harms to regulate AI chatbots risks reviving many of the same surveillance concerns that forced the government back to the drawing board just a few years ago.
More Transparency Not Police Reporting: Navigating the Safety-Privacy Balance for AI ChatBots
My Globe and Mail op-ed begins by noting that AI Minister Evan Solomon summoned executives from OpenAI to Ottawa last week to explain why the company declined to alert police that it had flagged the account of Jesse Van Rootselaar, the Tumbler Ridge shooter who killed eight people earlier this month. The company stopped short of warning authorities, concluding that the account activity did not meet its standard of an “imminent and credible risk of serious physical harm to others.” After the meeting, Mr. Solomon expressed disappointment with OpenAI, saying the company had not presented “substantial new safety protocols.” Justice Minister Sean Fraser said it expects OpenAI to make changes, or else the government would step in to regulate artificial intelligence companies.
The desire to hold someone responsible for the potential prevention of the Tumbler Ridge tragedy is understandable. Add in the mounting pressure for AI regulation, and OpenAI makes for a perfect target for blame and threats of government action. Yet holding AI chatbots liable for reporting to police what users privately post in their conversations creates its own risks, undermining privacy and effectively encouraging heightened corporate surveillance.
The Law Bytes Podcast, Episode 259: The Privacy and Surveillance Risks of AI Chatbot Reporting to Police
Over the past ten days, Canada has witnessed one of the fastest-moving technology policy debates in recent memory. What began as reporting about a tragic act of violence – the shootings in Tumbler Ridge, BC – quickly evolved into questions about AI safety, corporate responsibility, police reporting obligations, and now potential AI regulation.
This week’s Law Bytes podcast is a bit different from the norm. Building off my Globe and Mail op-ed, I walk through what has happened thus far, examine the potential policy responses, and explain why both the Online Harms Act and current AI legislative models are poorly suited to this problem, and argue that Canada instead needs to start thinking seriously instead about an AI Transparency Act.
The Law Bytes Podcast, Episode 222: Robert Diab on Canadian Media’s Copyright Lawsuit Against OpenAI
Canada’s largest media companies came together recently to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. I wrote about the suit, suggesting that the primary motivation behind the suit was likely the hope to kickstart settlement discussions with the hope of a licence. Robert Diab, a law professor at Thompson Rivers University, raised similar thoughts in his own piece on the lawsuit. Robert joins the Law Bytes podcast to discuss the case and its implications for copyright and AI in Canada.
Recent Posts
Outdated Data and Dubious Comparisons: Digging into the Government’s AI Strategy Adoption Claims 
Why Being Locked Out of Frontier AI is The Sovereignty Threat Canada Missed 
Blocked Twice: How Bill C-34’s Kids’ Social Media Ban Would Compound the Online News Act’s Harm to Young Canadians’ News Access 
The Law Bytes Podcast, Episode 275: David Loukidelis on Why Stripping Privacy Enforcement from Canada’s Privacy Commissioner in Bill C-36 is Unnecessarily Risky Policy 
The Data on Australia’s Social Media Ban: The Better the Privacy Protection, The Less Effective the Ban
