DANGER INTERNETS AHEAD by Les Orchard (CC BY-NC 2.0) https://flic.kr/p/cSsSX

DANGER INTERNETS AHEAD by Les Orchard (CC BY-NC 2.0) https://flic.kr/p/cSsSX

Online Harms

Facebook app by Eduardo Woo https://flic.kr/p/pfd7yn (CC BY-SA 2.0)

The Law Bytes Podcast, Episode 104: Taylor Owen on What the Latest Facebook Revelations Mean for Canada’s Online Harms Legislative Plans

Facebook has once again found itself in the political spotlight as Frances Haugen, a former data scientist and product manager with the company turned whistleblower, provided the source documents for an explosive investigative series in the Wall Street Journal followed by an appearance before a U.S. Senate committee. The Facebook Files series comes just as Canada is moving toward its own legislative response to Internet concerns, with an online harms consultation  that provides a roadmap for future policies.

The Canadian initiative has sparked widespread criticism, but recent events may only increase the calls for legislative action. Taylor Owen, the Beaverbrook Chair in Media, Ethics and Communications in the Max Bell School of Public Policy at McGill University joins the Law Bytes podcast to discuss the latest revelations and what they might mean for the future of Canadian Internet regulation.

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October 18, 2021 4 comments Podcasts
Add Your Comment by Prem Rose (CC BY-NC 2.0) https://flic.kr/p/2RAzT

Tracking the Submissions: What the Government Heard in its Online Harms Consultation (Since It Refuses to Post Them)

The Canadian government’s consultation on online harms concluded earlier this week with a wide range of organizations and experts responding with harshly critical submissions that warn of the harm to freedom of expression, the undermining of Canada’s position in the world as a leader in human rights, and the risk that the proposed measures could hurt the very groups it is purportedly intended to help. I posted my submission and pulled together a Twitter stream of other submissions.

There has been some press coverage of the consultation response from the Globe and Mail and National Post, but Canadian Heritage officials have said they will not post the submissions they received, claiming some “may contain confidential business information.” Keeping the results of the consultation is secret is incredibly damaging, raising further questions about whether the government plans to incorporate the feedback or simply march ahead with an extreme, deeply flawed proposal.

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October 1, 2021 19 comments News
2017 Freedom of Expression Awards by Elina Kansikas for Index on Censorship https://flic.kr/p/Uvmaie (CC BY-SA 2.0)

Failure to Balance Freedom of Expression and Protection from Online Harms: My Submission to the Government’s Consultation on Addressing Harmful Content Online

The government’s consultation on its proposed approach to address harmful content online concluded over the weekend. The consultation was one of several consults that ran during the election period and which raise questions about whether policy makers are genuinely interested in incorporating feedback from Canadians. I submitted to all the various consultations and will be posting those submissions this week.

I start with my online harms submission. The full submission, which touches on issues such as 24 hour takedowns, website blocking, proactive monitoring, and enforcement, can be found here. To learn more about the issues, catch my Law Bytes podcast episode with Cynthia Khoo or listen to a terrific discussion that I had together with Daphne Keller on the Tech Policy Press Podcast. The submission opens with eight general comments that I’ve posted below:

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September 28, 2021 20 comments Committees, News
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 17 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