Law Bytes

In recent years the intersection between law, technology, and policy has exploded as digital policy ... more

Latest Episodes

October 21, 2021 00:35:54
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Episode 11: Reinterpreting Canadian Privacy Law - David Fraser On Cross-Border Data Transfers, the Right to De-Index, and the Facebook Investigation

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 ...

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October 20, 2021 00:39:10
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Episode 10: Lowdown on Lawsuits - James Plotkin on Copyright Threats, Notices, and Lawsuits

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, ...

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October 20, 2021 00:36:37
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Episode 9: The CRTC Watcher - A Conversation with FRPCs Monica Auer

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: ...

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October 20, 2021 00:49:26
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Episode 8: LawBytes Lecture - What the Canadian Experience Teaches About the Future of Copyright Reform

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 ...

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October 20, 2021 00:36:42
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Episode 7: What if Copyright Law took Authors Rights Seriously? A Conversation with Professor Rebecca Giblin

What if copyright law took authors rights seriously?  Many groups claim to do so, but Professor Rebecca Giblin, one of the world’s leading experts on creator copyright, isn’t convinced. Professor Giblin argues that creators are often placed at the centre of the debate only to be largely ignored by other stakeholders. Professor Giblin joins this week’s Lawbytes podcast to talk about her Author’s Interest Project, the latest data, and why Canadian artist Bryan Adams may be on to something when it comes to his copyright reform proposal to benefit creators. The podcast can be downloaded here and is embedded below. The transcript downloadable 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: The Author’s Interest Project Giblin, A new copyright bargain? Reclaiming lost culture and getting authors paid Giblin, Fat horses and starving sparrows: on bullshit in copyright debates Yuvaraj, Reversion laws: what’s happening elsewhere in the world? Credits: Wochitte Entertainment, Hachette Authors Urge Amazon Board To End Contract Dispute CTV News, Bryan Adams speaks in Ottawa, urges change to copyright laws TruTV, Adam Ruins Everything – How Mickey Mouse Destroyed the Public Domain Reagan Library, President Reagan Signing the Berne Convention Implementation Act of 1988 on October 31, 1988 CBC News, Libraries and E-Licensing Transcript by Temi downloadable here.   ...

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October 20, 2021 00:28:58
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Episode 6: “A Dangerous Game to Play:” A Former CRTC Vice-Chair Speaks Out on the Commission Plan to Regulate and Tax the Internet

For the better part of two decades, Canadian cultural groups have been pressing Canada’s telecom and broadcast regulator, the CRTC, to regulate and tax the Internet. The CRTC and successive governments consistently rejected the Internet regulation drumbeat, citing obvious differences with broadcast, competing public policy objectives such as affordable access, and the benefits of competition. That changed last year when the CRTC released Harnessing Change: The Future of Programming Distribution in Canada, in which it dramatically reversed its approach. Peter Menzies, a former CRTC commissioner and Vice-Chair of Telecommunications, joins this week’s LawBytes podcast to help sort through Cancon funding, Internet regulation, and the CRTC. 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: Regulate Everything: The CRTC Goes All In On Internet Taxation and Regulation Harnessing Change: The Future of Programming Distribution in Canada Credits: CBC News, Tax on Netflix and Spotify proposed by CRTC CBC Catherine Tait at Prime Time, @sdbcraig CBC News, Ottawa’s fight with Netflix reignites age-old debate — what is Cancon and who should pay? Standing Senate Committee on Transport and Communications, October 30, 2018 Canadian Heritage, Minister Joly – Creative Canada Speech / Ministre Joly – Discours Canada créatif House of Commons, December 12, 2017 ...

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