Law Bytes

The question of what responsibility should lie with Internet platforms for the content they host that is posted by their users has been the subject of debate around in the world as politicians, regulators, and the broader public seek to navigate policy choices to combat harmful speech that have implications for freedom of expression, online harms, competition, and innovation. To help sort through the policy options, Daphne Keller, the Director of Intermediary Liability at Stanford’s Center for Internet and Society, joins the podcast this week. She recently posted an excellent article on the Balkinization blog that provided a helpful guide to intermediary liability law making and agreed to chat about how policy makers can adjust the dials on new rules to best reflect national goals. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Episode Notes: Keller, Build Your Own Intermediary Liability Law: A Kit for Policy Wonks of All Ages Credits: Standing Committee on Industry, Science and Technology, May 28, 2019 Transcript: LawBytes Podcast – Episode 22 transcript powered by Sonix—the best audio to text transcription service LawBytes Podcast – Episode 22 was automatically transcribed by Sonix with the latest audio-to-text algorithms. This transcript may contain errors. Sonix is the best way to convert your audio to text in 2019.

Canada has a well-earned reputation for some of the highest wireless prices in the world with numerous comparative studies finding that consumers pay relatively high prices for low amounts of data. There are obviously many factors behind pricing, but for many consumers the top line issue is how much does the wireless service cost and how much data do I get? Rewheel Research, a Finland based consultancy, has been at the forefront of pricing comparisons with extensive analysis of  mobile data pricing in countries around the world. Its reports have often called out Canada, recently noting that prices are “a world apart” from more competitive markets. With Canadian telco giant Telus commissioning a study to challenge the Rewheel research, I’m joined this week on the Lawbytes podcast by Antonios Drossos, managing partner of the firm, who talked to me from Helsinki about their findings, what lies behind Canada’s wireless pricing, and the Telus-backed study. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Episode Notes: Rewheel Research: The state of 4G pricing – 1H2019 – Digital Fuel Monitor 11th release Credits: House of Commons, June 10, 2019 Transcript: Law Bytes Podcast – Episode 21 transcript powered by Sonix—the best audio to text transcription service Law Bytes Podcast – Episode 21 was automatically transcribed by Sonix with the latest audio-to-text algorithms. This transcript may contain errors.

Technology transfer in the university context has emerged as significant policy issue with governments seeking to maximize the benefits of public investment in research at Canadian universities. For example, the Ford government in Ontario recently launched an expert panel on intellectual property squarely focused on the issue that speaks to maximizing commercialization opportunities with an emphasis on intellectual property. But what if maximizing commercialization opportunities does not mean prioritizing patents?  Professor Richard Gold from McGill University’s Faculty of Law argues that universities should get out of the patenting game. He joins me on the Lawbytes podcast this week to discuss the failure of patent first strategies and why open science may offer a better path for commercialization success. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Episode Notes: Gold, Should Universities Get Out of the Patent Business Credits: AUTM, About Technology Transfer TechCrunch, Judge Rules CRISPR-Cas9 Belongs to Broad Institute SGC Channel, Welcome to SGC Toronto Transcript: LawBytes Podcast – Episode 20 transcript powered by Sonix—the best audio to text transcription service LawBytes Podcast – Episode 20 was automatically transcribed by Sonix with the latest audio-to-text algorithms. This transcript may contain errors.

Canadian Heritage Minister Pablo Rodriguez recently appeared to pre-empt the government’s broadcast and telecommunications legislative review panel in his response to the panel’s interim report. Rodriguez indicated that the government will move to mandate new contributions and Cancon requirements for online services regardless of what the panel recommends. New creators leveraging online platforms don’t typically participate in government consultations, but that doesn’t mean their voice and experience should be ignored. Ryerson’s Irene Berkowitz recently released Watchtime Canada, a report on the role YouTube plays in fostering opportunities for creators. The study found an eco-system that provides thousands of Canadians with full-time employment opportunities and export strategies that outshine the traditional creative sector.  She joins me on the podcast this week to discuss the report and what it might mean for Canadian cultural policy. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Episode Notes: Watchtime Canada report Credits: Standing Committee on Canadian Heritage, May 2, 2019 Unbox Therapy, This Smartphone Changes Everything Gigi Gorgeous, This is Everything How to Cake It, GIANT Juice Box Cake with JUICE INSIDE The Icing Artist, Mini ANIMAL CAKES Vanoss Gaming Transcript: Law Bytes podcast – Episode19 | Convert audio-to-text with Sonix

Open banking, which is designed to allow customers to easily share data held by their banks with third parties, has been attracting considerable attention in recent months. The Standing Senate Committee on Banking, Trade and Commerce conducted a study on open banking this spring with a report released in late June. I was invited to appear before the committee to discuss regulatory concerns, particularly with respect to privacy and data protection. Given that it is a holiday week in Canada for Canada Day, this week’s podcast adopts a different approach with excerpts from that appearance, including my opening statement and the ensuing discussion with several senators on the need for regulatory reforms. The podcast can be downloaded here and is embedded below. A transcript of the appearance can be found here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Episode Notes: Senate Report – Open Banking: What it Means for You Transcript of Senate Standing Committee on Banking, Trade and Commerce Credits: Senate Chamber, June 19, 2019 Open Banking, What Is Open Banking PwCCanada, Canadian Banks: CEO Spotlight with Darryl White, CEO of BMO Financial Group

What to do about Huawei? The Chinese telecom giant has emerged as one of Canada’s most challenging policy issues, raising concerns involving competition, communications, security, and trade not to mention kidnappings and arrests of corporate personnel. The government has repeatedly promised to articulate a policy on the use of Huawei equipment in Canada’s next generation wireless networks only to regularly delay doing so. Dr. Christopher Parsons, a senior research associate at the Citizen Lab, the world-famous cyber-security lab located at the Munk School of Global Affairs and Public Policy at the University of Toronto, joins the podcast to help sort through fact from fiction when it comes to Huawei. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Credits: CBC News, Should Canada Ban Huawei? CBC News, Should Canada Trust Huawei? Sky News, Should UK Be Using 5G Technology from Chinese Companies? Canadian Press, Reports Canada Banning Huawei from 5G ‘Speculation’: Goodale Transcript: Law Bytes Podcast – Episode 17 | Convert audio-to-text with Sonix Michael Geist: This is Law Bytes, a podcast with Michael Geist. CBC News: Front and centre in Beijing today, a report from Reuters that the U.S. president is preparing to sign an executive order making it impossible for American companies to use Huawei’s equipment. A purely political move made without a shred of evidence, China says. The order would be confirmation of the U.S. stance that Huawei’s equipment could easily be used by the Chinese government to spy on Americans. The U.S. Australia and New Zealand have all banned Huawei from their networks. Canada hasn’t gone that route nor has Britain. But that may soon change.

In December 2017, the Canadian government launched its much-anticipated and much-lobbied review of Canadian copyright law, tasking the Standing Committee on Industry, Science and Technology to lead the way. After months of study and hundreds of witnesses and briefs, the committee released its authoritative report with 36 recommendations earlier this month. Carys Craig, a law professor at Osgoode Hall Law School and one of Canada’s leading copyright law experts, joins the podcast to help sort through the report and to consider what it means for the future of Canadian copyright law. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Episode Notes: Standing Committee on Industry, Science, and Technology, Statutory Review of the Copyright Act The Authoritative Canadian Copyright Review: Industry Committee Issues Balanced, Forward-Looking Report on the Future of Canadian Copyright Law Credits: House of Commons, June 3, 2019 Transcript: Law Bytes Podcast – Episode 16 | Convert audio-to-text with Sonix Michael Geist: This is Law Bytes, a podcast with Michael Geist. Dan Ruimy: Thank you Mr. Speaker. I have the honour to present in both official languages the 16th report of the Standing Committee on Industry Science and Technology entitled statutory review of the copyright

The new NAFTA – dubbed the USMCA or CUSMA depending on where you live – took a significant step forward recently with the introduction of Canadian legislation designed to ratify the treaty. The economic implications of the agreement are enormous, particularly with respect to digital issues and intellectual property. Myra Tawfik, a law professor at the University of Windsor and Senior Fellow with CIGI, joins the podcast this week to discuss Canada’s longstanding history of facing external pressure on copyright, the role that trade negotiations now play with that pressure, and the implications of the USMCA. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Episode Notes: Canada Introduces USMCA Implementation Bill…Without a Copyright Term Extension Provision Credits: CBC News, Canada Introduces NAFTA 2.0 Implementation Bill CNBC, Trump: Trade Deal Protects Patents, Intellectual Property Globe and Mail, Flashback: President Clinton’s Original Signing of NAFTA Into Law in 1993 CNBC, Key Differences Between the New USMCA Trade Deal and NAFTA Transcript: LawBytes Podcast – Episode 15 | Convert audio-to-text with Sonix Michael Geist: This is Law Bytes, a podcast with Michael Geist. CBC News: Signed sealed and now delivered to the House of Commons. Just last hour the Federal Government tabled a bill to implement the new NAFTA a deal that Canada the US and Mexico reached six months ago after 15 months of negotiations.

The debate over big data, privacy and its implications for democracy came to Ottawa last week as the International Grand Committee brought together the world’s biggest technology companies, politicians from around the world, and leading thinkers. Liberal MP Nathaniel Erskine-Smith, the Vice-Chair of the Standing Committee on Access to Information, Privacy, and Ethics joins the podcast this week to reflect on the three days of hearings, the prospect for global reforms, and what comes next for the committee. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Episode Notes: International Grand Committee on Big Data, Privacy and Democracy Credits: CBC, Politicians Grill Facebook, Google, Twitter over Privacy, Disinformation CBC, Facebook’s Mark Zuckerberg Ignores Subpoena to Appear at Privacy Hearing Transcript: LawBytes Podcast – Episode 14 | Convert audio-to-text with Sonix Michael Geist: This is Law Bytes, a podcast with Michael Geist. CBC News: The world’s largest tech firms were on the defensive today in Ottawa. Canada hosted a committee of politicians from nearly a dozen countries which got the chance to grill representatives from Facebook, Google, and Twitter about how they manage data, how they handle the spread of misinformation, and whether they’re a potential threat to democracy. The committee also heard from observers of the industry who are worried about what they’re seeing. Michael Geist: The debate over big data, privacy, and its implications for democracy came to Ottawa last week as the so-called international grand committee brought together the world’s biggest tech companies, politicians from around the world and leading thinkers for three da

Years of public consultation on Canadian digital policy hit an important milestone last week as Innovation, Science and Economic Development Minister Navdeep Bains released the government’s Digital Charter. Canada’s Digital Charter touches on a wide range of issues, covering everything from universal Internet access to privacy law reform. To help sort through the digital charter and its implications, I’m joined on the podcast this week by Professor Teresa Scassa, a law professor at the University of Ottawa, where she holds the Canada Research Chair in Information Law and Policy. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Episode Notes: Canada’s Digital Charter Canada’s Digital Charter Represents a Sea Change in Privacy Law, But Several Unaddressed Issues Remain Credits: The Canadian Press, Innovation Minister Navdeep Bains Introduces Digital Charter CBC News, Security, Control Over Personal Data Outlined in Canada’s New Digital Charter FactPointVideo, Trudeau Announces Digital Charter to Fight Fake News, Online Hate Transcript: LawBytes Podcast – Episode 13 | Convert audio-to-text with Sonix Michael Geist: This is LawBytes, a podcast with Michael Geist. Navdeep Bains: We can’t ignore some of these new complex challenges that have emerged. At the heart of these new challenges is the fundamental question of trust. How can Canadians believe in the good of this online world when they’re confronted with a video of 51 innocent people gunned down during prayer in Christchurch and that video goes viral. How can they trust their data will be used to improve their lives wh

The free and open access to law movement is devoted to providing free and open online access to legal information. This includes case law, legislation, treaties, law reform proposals and legal scholarship. This week’s Lawbytes podcast highlights perspectives on free and open access to law from Australia and Canada. During a recent trip to Australia, I spoke with Professor Graham Greenleaf, one of the pioneers of the movement, who co-founded AustLII, the Australasian Legal Information Institute. Following in the footsteps of the Legal Information Institute at Cornell University, AustLII helped reshape legal publishing in Australia and played a pivotal role in bringing other countries’ legal materials online. The episode continues with a conversation with Xavier Beauchamp-Tremblay, the current CEO of CanLII, the Canadian Legal Information Institute, about the Canadian past, present and future of free and open access to law. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.

Daniel Therrien, the Privacy Commissioner in Canada, is in the courts battling Google over a right to de-index. He’s calling for order making after Facebook declined to abide by his recommendations. And he’s embarked on a dramatic re-interpretation of the law premised on incorporating new consent requirements into cross-border data transfers. David Fraser, one of Canada’s leading privacy experts, joins the podcast to provide an update on the recent Canadian privacy law developments and their implications. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Credits: CBC, Privacy Commissioners Say Canada Has a Lot of Catching Up To Do Office of the Privacy Commissioner of Canada, PIPEDA and Your Business CNBC, Everything You Need to Know About a New EU Data Law That Could Shake Up Big US Tech CTV News CBC News, Facebook Broke Privacy Laws, Watchdogs Report Transcript: LawBytes Podcast – Episode 11 | Convert audio-to-text with Sonix Michael Geist: This is LawBytes, a podcast with Michael Geist Michael McEvoy: Canada is far far behind I think many jurisdictions. Europe certainly the United States doesn’t have comprehensive privacy legislation by any means but through the Federal Trade Commission there is some element of regulation of privacy and obviously we’ve seen that with the latest investigation of Facebook. Canada has a lot of catching up to do in this regard both at a federal and provincial level.

Copyright threats and lawsuits against individuals have been around in Canada since 2004, when they were rejected by the federal court. Those threats receded for about a decade, but now they’re back. Copyright notices, litigation threats, settlement demands, and actual lawsuits have re-emerged at the very time that the music and movie industries are experiencing record music streaming revenues in Canada and massive popularity of online video services. James Plotkin, a lawyer with Caza Saikaley in Ottawa, joins the podcast this week to help sort through what the notices mean, the implications of the threats and lawsuits, and where Canadian law stands on the issue. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Credits: House of Commons, November 27, 2018 CBC News, Infringement Notices CTV News, Company Collects 1 Million IP Addresses of Canadians Suspected of Illegally Downloading CBC, As it Happens CBC, Mainstreet NS Transcript: LawBytes Podcast, Episode10.mp3 | Convert audio-to-text with Sonix Michael Geist: This is Law Bytes, a podcast with Michael Geist David Lametti: What began to happen in Canada, Mr. Speaker and I saw this myself a number of times in my teaching is that American rights holders through American law firms would often allege content infringement in Canada and send out a letter saying you’ve You’ve infringed copyright. We’re going to sue you please pay x thousands of dollars by clicking on this link and we will forget this. And sadly

Many Canadians follow telecommunications and broadcast issues at the CRTC from a distance – the cost of wireless services, the speed of their Internet access, the availability of broadcasting choice. Others engage more closely on issues such as net neutrality, Cancon regulation, or Netflix taxes. But there is one Canadian who doesn’t just follow the CRTC.  She watches it through the use of access to information laws that present a perspective on the CRTC that would otherwise remain hidden from view. Monica Auer, the Executive Director of the Forum for Research and Policy in Communications, joins the podcast this week to talk about insider access, slow reimbursement of costs for public interest groups, the number of CRTC meetings, and the Commission’s seeming indifference to commissioning original research. The interview is interspersed with comments from current CRTC Ian Scott taken from one of his first public speeches after being named chair in 2017. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.  Episode Notes: FRPC Policy 3.0 Conference (registration) Credits: CPAC, CRTC Chair Ian Scott Speaks About Internet Neutrality FairPlay Canada Urges CRTC Action Against Online Theft Transcript: LawBytes Podcast, Episode9.mp3 | Convert audio-to-text with the best AI technology by Sonix.ai Michael Geist: This is LawBytes a podcast with Michael Geist. Ian Scott: This organization has a long tradition of being at the

Earlier this spring, I delivered a keynote address at the Australian Digital Alliance’s 2019 Copyright Forum. The ADA is a leading voice on copyright issues in Australia and its annual Copyright Forum brings together government, creators, education, libraries, and the broader public to explore copyright issues. Coming off a holiday weekend with many celebrating Easter or Passover, this week’s Lawbytes podcast takes a different approach with a Lawbytes lecture, an audio recording of the ADA keynote, which used real data to dispel the misleading claims about the impact of Canada’s copyright 2012 reforms. The podcast can be downloaded here and is embedded below.  Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.   Episode Notes: YouTube video version of the ADA keynote address