Law Bytes

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

Latest Episodes

October 28, 2021 00:26:15
Episode 56: Eloïse Gratton on Quebec's Plan to Overhaul its Privacy Law

Episode 56: Eloïse Gratton on Quebec's Plan to Overhaul its Privacy Law

The state of Canadian privacy law has been ongoing source of concern with many experts concluding that the law is outdated and no longer fit for purpose. This is particularly true when contrasted with rules in the European Union that feature tough penalties and new privacy rights. It would appear that the province of Quebec has concluded that the waiting has gone on long enough. The provincial government recently introduced Bill 64, which if adopted would overhaul provincial privacy laws and provide a potential model for both the federal government and the other provinces. Eloïse Gratton is a partner at the law firm of Borden Ladner Gervais in Montreal and recognized as one of Canada’s leading privacy law practitioners. She joins the podcast to break down Bill 64 and its implications for privacy enforcement, accountability and new privacy rights. 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. Show Notes: Proposed Amendments to Quebec Privacy Law: Impact for Businesses Credits: EuroNews, France fines Google €50 million using EU’s transparency and consent law ...

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October 28, 2021 00:35:49
Episode 55: Mutale Nkonde on Racial Justice, Bias, and Technology

Episode 55: Mutale Nkonde on Racial Justice, Bias, and Technology

The world has been focused for the past several weeks on racial justice and the Black Lives Matter movement, with millions around the world taking to the streets to speak out against inequality and racism. Technology and concerns about racism and bias have been part of the discussion, with some of the world’s leading technology companies changing longstanding policies and practices. IBM has put an end all research, development and production of facial recognition technologies, while both Amazon and Microsoft said they would no longer sell the technology to local police departments. Mutale Nkonde is an artificial intelligence policy analyst and a fellow at both the Berkman Klein Center for Internet & Society at Harvard University and at Stanford University’s Digital Civil Society Lab. She joins me on the podcast this week from a busy home in Brooklyn, NY to talk about this moment in racial justice and technology, racial literacy, and the concerns about bias in artificial intelligence 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. Show Notes: Daniels, Nkonde and Darakhshan, Advancing Racial Literacy in Tech Credits: France 24 English, Black Lives Matter Movement Gains Momentum Worldwide with Fresh Weekend of Protests “Coded Bias”: New Film Looks at Fight Against Racial Bias in Facial Recognition & AI Technology ...

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October 28, 2021 00:36:22
Episode 54: Eric Goldman on Internet Platform Liability and the Trump Executive Order

Episode 54: Eric Goldman on Internet Platform Liability and the Trump Executive Order

The U.S. approach to Internet platform liability has been characterized as the single most important legal protection for free speech on the Internet. Over the past two decades, every major Internet service has turned to the rules to ensure that liability for third party content posted on their sites rests with the poster, not the site or service. Those rules have proven increasingly controversial, however, with mounting calls for the companies to take on greater responsibility for content posted on their sites. The issue captured international attention last month when U.S. President Donald Trump issued an Executive Order that heightens the pressure for change. Eric Goldman is a Professor of Law at Santa Clara University School of Law in the Silicon Valley where he co-directs the High Tech Law Institute. He has written extensively about Internet liability and appeared before the US Congress to testify on the issue. He joins me on the podcast to discuss the history behind the U.S. approach, its impact, and the implications of the Trump Executive Order. 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. Show Notes: Goldman, Trump’s ‘Preventing Online Censorship’  Executive Order is Pro-Censorship Political Theater Credits: CBC, Trump Takes Aim at Social Media Companies with Executive Order ...

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October 28, 2021 00:39:42
Episode 53: Welcome Development or Waste of Time? - A Conversation With Facebook Oversight Board Member Nicolas Suzor

Episode 53: Welcome Development or Waste of Time? - A Conversation With Facebook Oversight Board Member Nicolas Suzor

Last month, Facebook revealed the names of the first 20 members of the Facebook Oversight Board, a body charged with conducting independent reviews of content removals. The group includes many well-known experts in the fields of human rights, journalism, law, and social media. The announcement received at best a mixed greeting – some welcomed the experiment in content moderation, while others argued that the board “will have no influence over anything that really matters in the world.” Professor Nicolas Suzor of the Queensland University of Technology in Australia was named as one of the first 20 members. The author of Lawless: The Secret Rules that Govern our Digital Lives, Nicolas has been critical of Facebook and other Internet platforms and raised concerns about the oversight board when it was first announced. He joins me on the podcast to discuss the oversight board, the initial criticisms, and his views on how the board can have a positive impact in addressing complex issues that strive to balance freedom of expression with concerns about online harms. Note that our conversation was recorded before President Donald Trump issued an executive order targeting Internet platforms after Twitter fact-checked one of his tweets and issued a warning on another. The podcast will examine those latest developments in a future episode. 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. Show Notes: Lawless: The Secret Rules that Govern our Digital Lives Credits: CNBC, Facebook Lays Out Details ...

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October 28, 2021 00:28:00
Episode 52: Fair Dealing for Film Makers - Bob Tarantino on the Copyright Implications of the Room Full of Spoons Case

Episode 52: Fair Dealing for Film Makers - Bob Tarantino on the Copyright Implications of the Room Full of Spoons Case

Dubbed by some as the worst film ever made, The Room has become a cult-like film classic. Written, directed, produced and starring Tommy Wiseau, the movie was the subject of the 2017 film The Disaster Artist and a documentary titled Room Full of Spoons by Canadian documentary filmmakers who wanted to tell the story of the film and its popularity. The documentary has been the subject of years of litigation with Wiseau at one point obtaining an injunction to stop its release. The Ontario Superior Court of Justice recently released an important decision in the case with significant implications for creators involving copyright, fair dealing, moral rights, and a host of other legal issues. Bob Tarantino, Counsel at Dentons Canada LLP, joins me on the podcast this week to discuss why the decision will be welcome news for documentary filmmakers. 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. Show Notes: Wiseau Studio, LLC v. Harper Tarantino, Room Full of Spoons: The Contributions of Wiseau Studio v. Harper to Canadian Entertainment Law Credits: The Room, IMDBB page ...

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October 28, 2021 00:33:01

Episode 51: Canada's Urban-Rural Broadband Divide - Josh Tabish on CIRA's Internet Performance Data

The state of Internet access in Canada has been the subject of considerable debate in recent years as consumers and businesses alike assess whether Canada has kept pace with the need for universal access to fast, affordable broadband. What is now beyond debate is that there are still hundreds of thousands of Canadians without access to broadband services from local providers and that for those that have access, actual speeds may be lower than advertised and below the targets set by the CRTC, Canada’s broadcast and telecommunications regulator. CIRA, the Canadian Internet Registration Authority, manages the dot-ca domain and has played an increasingly important role on Internet policy matters. CIRA recently submitted a report on the urban-rural broadband divide as part of a CRTC process on potential barriers to broadband in underserved areas. Josh Tabish from CIRA joins me this week on the podcast to discuss the IPT, the CRTC submission, and the future of universal access to broadband in Canada. 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. Show Notes: CIRA, New Internet Performance Data Shows the Staggering Scale of Canada’s Urban-Rural Digital Divide Credits: Global TV, Rural Communities Could Suffer from Broadband Internet Service Cuts ...

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