Law Bytes

Last week, the Standing Committee on Canadian Heritage rushed through the clause-by-clause review of Bill C-11 in a manner that should not be forgotten or normalized. Despite the absence of any actual deadline, the government insisted that just three two hour sessions be allocated to full clause-by-clause review of the bill. Once the government-imposed deadline arrived at 9:00 pm, the committee moved to voting on the remaining proposed amendments without any debate, discussion, questions for department officials, or public disclosure of what was being voted on. This week’s Law Bytes podcast features clips from a hearing that one Member of Parliament described as “an affront to democracy”.

The debate over Bill C-11 – the Online Streaming Act – seems likely to come to an end this week, at least in the House of Commons. Last week, the government introduced a motion to put an end to committee debate and set tight timelines for any further review or discussion. Before it becomes forgotten, this week’s Law Bytes podcast is devoted to the House committee hearings on the bill with clips from a wide range of digital creators, interest groups, and independent experts on the potential Bill C-11 harms to user content.

In the two months since the Online News Act was introduced it has received limited coverage and sparked little debate. Last week, Bill C-18 began to attract attention as over 125 small and medium sized Canadian publishers began to sound the alarm, calling on the government to fix the bill by addressing concerns around fairness and transparency. Jeff Elgie of Village Media are two of Canada’s most successful and innovative local digital publishers, operating in dozens of communities across Canada. Both signed onto the initiative and join the Law Bytes podcast to discuss their business models, relationships with the Internet platforms, and concerns with the Online News Act.

Last week, the Standing Committee on Canadian Heritage started its hearings on the Online Streaming Act with the first of four day-long sessions it has planned for witnesses. Morghan Fortier, the co-founder and CEO of Skyship Entertainment, stole the show that day with insights that demand to be heard. Her company may not be a household name, but it’s Canada’s leading Youtube streaming service with millions of subscribers worldwide and billions of views. She joins the Law Bytes podcast to talk about her company, the challenges and opportunities for Canadians in online streaming, and her sector’s concerns with the government’s Bill C-11 legislative plans.

Last week, the government took another step toward copyright term extension in Canada, inserting extension provisions within Finance Minister Chrystia Freeland’s Budget Implementation Act bill.  Despite recommendations from its own copyright review, students, teachers, librarians, and copyright experts to include a registration requirement for the additional 20 years of protection, the government chose to extend term without including protection to mitigate against the harms. Lucie Guibault is an internationally renowned expert on international copyright law, a Professor of Law and Associate Dean at Schulich School of Law at Dalhousie University, and the Associate Director of the school’s Law and Technology Institute. Days before the release of the bill, she joined the Law Bytes podcast for a discussion on copyright term extension, its implications and the government’s implementation options. The podcast can be downloaded here, accessed on YouTube, 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. Show Notes: Bill C-19, Budget Implementation Act Canadian IP Scholars Copyright Term Extension consultation submission Canadian IP Scholars Public Letter on Budget 2022 – Copyright Law Amendments Credits: Standing Committee on Industry, Science and Technology, February 24, 2020

This week’s Law Bytes podcast departs from the typical approach as this past week was anything but typical. As readers of this blog will know, last week I obtained access to hundreds of previously secret submissions to the government’s online harms consultation. Those submissions cast the process in a new light. This week’s Law Bytes podcast explains why the online harms consultation was a transparency and policy failure, walking through what has happened, what we know now,  and how this fits within the broader Internet regulation agenda of the Canadian government. The podcast can be downloaded here, accessed on YouTube, 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. Show Notes: Online Harms Consultation ATIP Results Credits: Canada 2020, Democracy in the Digital Age: Addressing Online Harms

Last week, Canadian Heritage Minister Pablo Rodriguez introduced Bill C-18 – the Online News Act – the second of three planned Internet regulation bills. There is much to unpack about the provisions in the bill including the enormous power granted to the CRTC, the extensive scope of the bill that could cover tweets or LinkedIn posts, the provision that encourages the Internet platforms to dictate how Canadian media organizations spend the money at issue, and the principle that news organizations should be compensated by some entities not only for the use of their work but even for links that refer traffic back to them. Sue Gardner is the Max Bell School of Public Policy McConnell Professor of Practice for 2021-2022. A journalist who went on to head CBC.ca and later the Wikimedia Foundation (Wikipedia), she is the only Canadian, and the first woman, to have run a global top-5 internet site. She joins the Law Bytes podcast for a conversation about journalism, the Internet platforms, and Bill C-18. The podcast can be downloaded here, accessed on YouTube, 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. Show Notes: Bill C-18, the Online News Act Credits: CBC News, This Bill Would Require Facebook, Google to Pay News Outlets

The CLOUD Act, which allows US law enforcement to use a warrant or subpoena to compel U.S.-based technology companies to provide data stored on servers regardless of where the data is located, was first introduced in the United States in 2018. Canada and the US recently announced plans to negotiate a Cloud Act agreement which would ease cross-border disclosures of data between the two countries. David Fraser is a lawyer with McInnes Cooper in Halifax and one of Canada’s leading privacy experts. He regularly acts for clients on data disclosure matters and was one of the first to highlight the negotiations and its implications on his Youtube channel. He joins the Law Bytes podcast to talk about the Cloud Act, how it might fit into Canada’s privacy law framework, and how Canada should approach the negotiations. The podcast can be downloaded here, accessed on YouTube, 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. Show Notes: Privacy Lawyer Blog, Canada – US Announce Beginning of CLOUD Act Negotiations United States and Canada Welcome Negotiations of a CLOUD Act Agreement Credits: Senator Orrin Hatch, Hatch Previews CLOUD Act

Since the introduction of Bill C-11, Canadian Heritage Minister Pablo Rodriguez has insisted that he heard the concerns about regulating user generated content and he “fixed it.” Yet the reality is that anyone that takes the time to the read the bill knows that simply isn’t the case. The concerns with the government’s approach have started to attract the attention of Canadian digital-first creators, who fear the plans could lead to lost revenues and reduced promotion worldwide of what has become one of Canada’s most successful cultural exports. Darcy Michael is a B.C.-based comedian with millions of TikTok subscribers and a globally successful podcast. Last week, he appeared before the Standing Committee on Canadian Heritage to warn about the risks of Bill C-11 and to call for reform. He joins the Law Bytes podcast to tell his story of success online and his fears about what the bill would mean for Canadian digital-first creators. The podcast can be downloaded here, accessed on YouTube, 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. Show Notes: Darcy Michael website Credits: House of Commons, February 16, 2022

The Russian invasion of Ukraine has sparked international condemnation and a race to levy sanctions and undo longstanding connections to the country. Responses have included demands that Russia Today, a television network backed by the Russian government, be removed from cable and satellite systems. Companies such as Bell, Rogers, Telus and Shaw have dropped the service, but the desire for a longer-term regulatory solution has brought the issue to the CRTC. Working with a strict two week deadline, last week the CRTC ruled that RT and RT France can no longer be distributed by Canadian television service providers. Monica Song is a partner with the law firm Dentons and one of Canada’s leading telecom and broadcast lawyers. She joins the Law Bytes podcast to unpack the case before the Commission and assess the broader implications around due process and content regulation. The podcast can be downloaded here, accessed on YouTube, 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. Show Notes: CRTC, RT and RT France can no longer be distributed by Canadian television service providers Credits: House of Commons, Question Period, March 2, 2022

The House of Commons Standing Committee on Access to Information, Privacy and Ethics spent much of February conducting a study on the collection and use of mobility data by the Government of Canada. The study stems from reports that the Public Health Agency of Canada worked with Telus and BlueDot, an AI firm, to identify COVID-19 trends based on mobility data with questions about whether there was appropriate disclosures, transparency and consent from the millions of Canadians whose data may have been collected. I appeared before the committee toward the end of the study, emphasizing that while the activities were arguably legal, something still does not sit right with many Canadians. This week’s Law Bytes podcast goes inside the hearing room for my appearance, where I made the case that Canada’s outdated privacy laws are no longer fit for purpose. The podcast can be downloaded here, accessed on YouTube, 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. Credits: Global News, Privacy Watchdog Investigates PHAC’s Use of Canadians’ Cellphone Location Data

The proposed Rogers – Shaw merger has placed Canada’s competition law and policy back into the spotlight as consumers frustrated by high wireless prices and a market that many believe already suffers from insufficient competition face the prospect of even less competition should the deal be approved. Last week, the House of Commons Standing Committee on Industry and Technology agreed, issuing a recommendation that “the Committee believes the merger should not proceed” and identifying the need for conditions in the event that it does. Vass Bednar, Ana Qarri, and Robin Shaban recently conducted an extensive study for the Ministry of Innovation, Science and Industry on competition in data driven markets in Canada. Vass, the Executive Director of McMaster University’s Master of Public Policy (MPP) in Digital Society Program, Ana, a recent graduate of McGill University Faculty of Law, and Robin, co-founder and senior economist at Vivic Research, join me on this week’s Law Bytes podcast to discuss their study, the intersection between competition and digital and telecom policy, and their proposed reforms to reshape Canadian competition law. The podcast can be downloaded here, accessed on YouTube, 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. Show Notes: Bednar, Qarri and Shaban, Study of Competition Issues in Data-Driven Markets in Canada Credits: Global News, What a $26 B deal between telecom giants means for 5G in Canada

The political and policy battles over lawful access have been going on for decades, cutting across multiple governments both Liberal and Conservative. The so-called zombie policy proposal resurfaced again last summer as then Canadian Heritage Minister Steven Guilbeault included elements of lawful access within his online harms consultation. The government plans to revisit its plans for online harms, but the lawful access issue is sure to return. Dr. Christopher Parsons is a Senior Research Associate at the Munk School’s Citizen Lab at the University of Toronto, where his research focuses on third-party access to telecommunications data, data privacy, data security, and national security. He previously appeared on the podcast to discuss the questions about the use of Huawei equipment in Canada’s telecom networks and returns to talk about the history of the lawful access debate, the implications of warrantless access to subscriber data, and the recent revival of the lawful access issue. The podcast can be downloaded here, accessed on YouTube, 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. Show Notes: Parsons, Lawful Access Returns: Online Harms and Warrantless Access to Subscriber and Transmission Data Credits:  CBC News, Online Surveillance Bill Backlash

After several weeks of protests, occupation, and border crossing blocking, the Canadian government took the unprecedented step last week of invoking the Emergencies Act. The situation is rapidly evolving and still being debated in the House of Commons. Dr. Leah West is an Assistant Professor of International Affairs at the Norman Paterson School of International Affairs at Carleton University and one of Canada’s leading experts on national security law. She joins the Law Bytes podcast to discuss rules surrounding the Emergencies Act and the implications of the government’s recent move to invoke it. The podcast can be downloaded here, accessed on YouTube, 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. Show Notes: Leah West, Public Order Emergency: A Guide to Thinking Through the Legal Thresholds and Its Justification Jessica Davis, Insight Intelligence CCLA Files Judicial Review Credits: Guardian News, Canadian Prime Minister Trudeau Invokes Emergencies Act over Protests

The interest in regulation and Web 3.0, the umbrella term for all matters crypto, continues to grow in countries around the world. In Canada, a new private member’s bill encourages the government to establish a regulatory framework to support innovation even as concerns mount over the use of cryptocurrency to by-pass conventional payments regulations. In the United States, there have been multiple Congressional hearings and proposals for legislative action. Fight for the Future was one of many leading digital civil liberties groups that included Access now, Article 19, EFF, and Global Voices, that recently came together to issue a public letter in support of alternatives to big tech and to approach legislation related to Web 3 technologies carefully. Sarah Roth-Gaudette, the Executive Director of Fight for the Future, joins the Law Bytes podcast to talk about Web 3, the regulatory initiatives, and the issues that are at stake. The podcast can be downloaded here, accessed on YouTube, 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. Show Notes: In Support of Alternatives to Big Tech Credits: Yahoo Finance, Key Takeaways From the Capitol Hill Hearing with Crypto CEOs