Law Bytes

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

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October 20, 2021 00:31:09
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Episode 5: A Huge Threat to How the Internet Functions Now

Most treaties are negotiated behind closed doors with no text made available until after a deal has been reached. Yet there is a treaty with enormous implications for the Internet, copyright, and broadcasting that has been hidden in plain sight for the better part of two decades. This week, the World Intellectual Property Organization resumes discussions in Geneva on a proposed Broadcasting Treaty. To introduce WIPO, the proposed treaty, and its implications, Jamie Love of Knowledge Ecology International joins this week’s LawBytes podcast. Love warns that the treaty could extend the term of copyright for broadcast content, create a wedge between broadcasters and Internet streaming services, and even result in new restrictions on the use of streaming video. 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: KEI Broadcasting Treaty archives WIPO Broadcasting Treaty brief Credits: House of Commons, June 12, 2013 WIPO, Stevie Wonder Congratulates UN Delegates on Entry into Force of Marrakesh Treaty WIPO, SCCR 37th Session WIPO, Canada Joins Three Key WIPO Trademark Treaties ...

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October 20, 2021 00:27:51
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Episode 4: Going Inside Canada's Copyright Review

The House of Commons Standing Committee on Industry, Science and Technology has spent the past year reviewing the state of Canadian copyright law. The review, which is scheduled to result in a report with recommendations for potential reforms, featured hundreds of witnesses representing a wide range of views. To introduce some of the issues and provide some insight into how the review process functions, this week’s LawBytes podcast relies on the audio recording of my committee appearance in December 2018.  It opens with my seven minute opening statement and continues with several exchanges with MPs on issues such as fair use, the USMCA, crown copyright, and anti-circumvention rules, which are often referred to as digital locks. 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: The State of Canadian Copyright: My Copyright Review Appearance Before the Industry Committee Credits: Standing Committee on Industry, Science and Technology, December 10, 2018 House of Commons, November 29, 2018 CBC Power and Politics: Copyright Modernization Act CityNews Toronto: Bryan Adams Fights for Artists’ Copyright Laws iFixit Video: DMCA on the Farm ...

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October 20, 2021 00:32:07
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Episode 3: The Least They Can Get Away With

Earlier this month, Innovation, Science and Economic Development Minister Navdeep Bains took his most significant policy step to date to put his stamp on the Canadian telecom sector by issuing a proposed policy direction to the CRTC based on competition, affordability, consumer interests, and innovation. To help sort through the policy direction, the state of the Canadian telecom market, the role of independent companies that rely on regulated wholesale access, and lingering frustration with the CRTC, this week’s LawBytes podcast features a conversation with Andy Kaplan-Myrth, Vice President of Regulatory and Carrier Affairs with TekSavvy, Canada’s largest independent telecom company.  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: Enough is Enough: Bains Proposes CRTC Policy Direction Grounded in Competition, Affordability, and Consumer Interests Credits: Government Orders CRTC To Reverse Bandwidth Decision, The Hill Watcher, 3 February 2011 New wireless spectrum auction announced, Global News, 12 January 2014 Why is Canada-based Ting is not available for cell phone users in Canada?, Open Media, 1 August 2013 Verizon opts out of Canada, Canoe, 20 March 2018 House of Commons Hansard, 26 February 2019 House of Commons Hansard, 7 December 2018 ...

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October 20, 2021 00:26:24
Episode 2: It’s Time to Modernize the Laws

Episode 2: It’s Time to Modernize the Laws

The first full length episode of the new LawBytes podcast features a conversation with UK Information Commissioner Elizabeth Denham, who leads the high profile investigation into Facebook and Cambridge Analytica. Denham, who previously served as Assistant Commissioner with the federal privacy office and as the British Columbia Information and Privacy Commissioner, reflected on her years in Canada, particularly the Canadian Facebook investigation and concerns with the Google Buzz service. Denham emphasized the need for Canadian legislative reform in order to address today’s privacy challenges. Denham was recently appointed chair of the International Conference of Data Protection and Privacy Commissioners, which she expects will increasingly focus on global privacy standards. 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: 12th Annual Deirdre Martin Lecture on Privacy Credits: #CambridgeAnalytica: ‘Data crimes are real crimes’ Denham, EU Reporter, 4 June 2018 Facebook Privacy Concerns, CBC News: The National, 17 July 2009 Privacy commissioner urges legislative reform in the wake of Facebook data scandal, CBC News, 17 April 2018 News Update: Google (NASDAQ:GOOG) Unveils Google Buzz: Social Networking for Gmail, TradetheTrend, 9 February 2010 Cambridge Analytica: Whistleblower reveals data grab of 50 million Facebook profiles, Channel 4 News, 17 March 2018   ...

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October 20, 2021 00:02:24
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Episode 1: Welcome to LawBytes

In recent years the intersection between law, technology, and policy has exploded as digital policy has become a mainstream concern in Canada and around the world. I am very excited to announce the launch of LawBytes: A Podcast with Michael Geist. This podcast will explore digital policies in conversations with people studying the legal and policy challenges, setting the rules, or who are experts in the field. It will provide a Canadian perspective, but since the internet is global, examining international developments and Canada’s role in shaping global digital policy is be an important part of the story. The preview episode is available now and first full episode – a conversation with UK Information Commissioner Elizabeth Denham – will be available next week. All episodes will be available under a Creative Commons licence. You can subscribe at Apple Podcasts, Google Play, or Spotify as well as follow on Twitter at @LawBytesPod. ...

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October 19, 2021 00:37:47
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Episode 98: Kim Nayyer on the Supreme Court of Canada's Landmark Access Copyright v. York University Copyright Ruling

The Supreme Court of Canada recently brought a lengthy legal battle between Access Copyright and York University to an end, issuing a unanimous verdict written by retiring Justice Rosalie Abella that resoundingly rejected the copyright collective’s claims that its tariff is mandatory, finding that it had no standing to file a lawsuit for copyright infringement on behalf of its members, and concluding that a lower court fair dealing analysis that favoured Access Copyright was tainted. The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law. Kim Nayyer is the Edward Cornell Law Librarian, Associate Dean for Library Services, and Professor of the Practice at Cornell Law School. She appeared before the Supreme Court in this case, representing the Canadian Association of Law Libraries as an intervener. She joins the Law Bytes podcast to talk about the case and its implications for the future of copyright, education, and collective rights management. 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: Access Copyright v. York University Credits: Supreme Court hearing, Access Copyright v. York University ...

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