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

Declassified/Top Secret by Bryan Jones (CC BY-NC-ND 2.0) https://flic.kr/p/6SWKkN

The Rest of the Online Harms Consultation Story: Canadian Heritage Forced to Release Hundreds of Public Submissions Under Access to Information Law

For months, the results of the government’s online harms consultation was shrouded in secrecy as the Canadian Heritage refused to disclose the hundreds of submissions it received. I launched a page that featured publicly available submissions (links reposted below), including 25 submissions from organizations and companies as well as six individual expert submissions. I later followed up with two posts that provided further details on the publicly available submissions (here and here). Earlier this year, Canadian Heritage Minister Pablo Rodriguez released a “what we heard” report that again blocked making the actual submissions public, but provided a summary that left little doubt that the government’s plans were widely criticized and required a policy reset.

In the meantime, I filed an Access to Information Act request to compel disclosure by law of the consultation submissions. It took many months, but this week the department released the results. While some submissions may be excluded – third parties can object on certain grounds – I have obtained hundreds of additional submissions in a 1,162 page file. These can be obtained directly from Canadian Heritage by launching an informal access request at no cost with the department. The file to request is A-2021-00174 (or click here for the full file for the moment).

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April 21, 2022 16 comments News
reset_21jan2009_0160 by Patrick Lauke https://flic.kr/p/5UsyVA (CC BY-NC-ND 2.0)

Time to Hit the Reset Button: Canadian Heritage Releases “What We Heard” Report on Online Harms Consultation

Canadian Heritage Minister Pablo Rodriguez released a “What We Heard Report” on the government’s consultation on online harms earlier today. To the government’s credit, the report is remarkably candid as it does not shy away from the near-universal criticism that its plans sparked, including concerns related to freedom of expression, privacy rights, the impact of the proposal on certain marginalized groups, and compliance with the Canadian Charter of Rights and Freedoms. The report provides a play-by-play of these concerns, leaving little doubt that a major reset is required. The government telegraphed a change in approach with the Rodriguez mandate letter, which explicitly stated that the online harms legislation “should be reflective of the feedback received during the recent consultations.”

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February 3, 2022 3 comments News
RECOMMENDED! by jm3 on Flickr https://flic.kr/p/5eA3ZU (CC BY-SA 2.0)

The (Still Secret) Online Harms Consultation: What the Government Heard, Part Two

Last week, I posted on the results of this summer’s online harms consultation, which remains shrouded in secrecy as the Canadian government still refuses to disclose the hundreds of submissions it received. That post focused on the common concerns raised in the submissions as pulled from my ongoing blog post that features links to dozens of submissions that have been independently posted. This second post highlights frequently cited recommendations. These recommendations are particularly important given that the mandate letter for Canadian Heritage Minister Pablo Rodriguez indicates that any online harms legislation “should be reflective of the feedback received during the recent consultations.”

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December 21, 2021 9 comments News
free consultation by russell davies  https://flic.kr/p/4jxLPq (CC BY-NC 2.0)

The (Still Secret) Online Harms Consultation: What the Government Heard, Part One

The results of this summer’s online harms consultation remains largely shrouded in secrecy as the Canadian government still refuses to disclose the hundreds of submissions it received. Canadian Heritage Minister Pablo Rodriguez now leads the file, but he has said little about his department’s plans or explained why a public consultation should not feature public availability of the submissions. I have maintained an ongoing blog post with links to dozens of submissions that have been independently posted. While even a cursory review reveals widespread criticism, I’ve worked with the University of Ottawa law student Pelle Berends to do a deeper dive on the available submissions. This first post identifies the common concerns raised in the submissions with a chart breaking down the positions posted below. A second post will highlight frequently raised recommendations.

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December 15, 2021 5 comments News
Citizens' Assembly on Democratic Expression by Michael Geist (CC BY 4.0)

The Law Bytes Podcast, Episode 109: Striking the Balance on Misinformation and Freedom of Expression – My Examination of Canadian Policy Solutions

The Canadian Parliament is set to resume this week and it’s a safe bet that Internet regulation will be part of the legislative agenda in the coming months. One of the toughest policy issues involve misinformation, which can be difficult to define and potentially to regulate. The Canadian Commission on Democratic Expression was established in spring 2020 with a three-year mandate to better understand, anticipate, and respond to the effects of new digital technologies on public life and Canadian democracy. As part of its work, it created a Citizens’ Assembly comprised of Canadians from across the country who recently gathered for several days to debate disinformation online. Last week, I was honoured to deliver a dinner speech to the group followed by a facilitated discussion. This week’s podcast features a recording of that lecture with the slides posted here.

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November 22, 2021 6 comments Podcasts