Law Bytes

The Online Harms Act or Bill C-63 was introduced last February after years of false starts, public consultations, and debates. Months later, the bill appears to be stalled in the House of Commons and has yet to make it to committee for further study. Some view that as a win, given their criticism of the bill, though others who have waited years for action against online harms are beginning to fear that the Parliamentary clock is working against them. Emily Laidlaw, the Canada Research Chair in Cybersecurity at the University of Calgary and Taylor Owen, the Beaverbrook Chair in Media, Ethics and Communications at the Max Bell School of Public Policy at McGill University, have both been actively engaged in this issue for years, including their participation on the government’s expert advisory group. They join the Law Bytes podcast to discuss where things stand on Bill C-63 and the steps they recommend to get the bill back on track for study and debate.

It has been many years since the Facebook and Cambridge Analytica privacy scandal captured headlines. The services at the heart of the case no longer exist, but the legal case in Canada continues to march on. Last month, the Federal Court of Appeal overturned a lower court decision that had largely sided with Facebook. In its place, it released a new decision that includes and analysis of reasonableness under the Canadian privacy law and engages with the notion of a potential trust but verify standard in some cases when data is transferred to third parties. The case may not be over yet, but the latest decision has big implications for privacy in Canada. David Fraser, one of Canada’s leading privacy practitioners with McInnes Cooper and the creator a popular Youtube channel on privacy law, joins the Law Bytes podcast to provide the background on the case, assess the key findings, and consider what may come next.

For over 25 years, the World Trade Organization, an intergovernmental organization based in Geneva, Switzerland that regulates and facilitates international trade, has grappled with how to engage with e-commerce. What started as a moratorium on customs duties has expanded into the development of a new agreement that touches on a wide range of issues including privacy, data localization, and electronic contracting. The  new deal has been heralded as groundbreaking, but some aren’t fully convinced that it actually does break new ground. Patrick Leblond is a University of Ottawa professor in the Graduate School of Public and International Affairs where he specializes in economic governance and policy, with a focus on North America, Europe and, increasingly, China. He joins the Law Bytes podcast to talk about the latest developments and assess the potential impact of the WTO’s new e-commerce agreement.

This podcast drops on Monday, October 7th, the one-year anniversary of the largest massacre of Jews since the Holocaust. I’ve largely kept the issue the rising tide of antisemitism since the Hamas terrorist attacks off the Law Bytes podcast, but those that follow my work will know that I have been vocal on social media and the mainstream media expressing my shock and concern. This episode blends my professional focus on digital policy with my personal concerns regarding antisemitism.

The alarming rise of antisemitism over the past year has left many - myself included - in shock. I see it in my social media mentions and on popular sites such as Wikipedia, where it has cropped up on entries involving issues like Zionism and even in the targeting of groups like the Anti-Defamation League. Wikipedia’s antisemitism problem may not have come as a surprise to Professor Jan Grabowski, a professor of Holocaust studies at the University of Ottawa.  He conducted a detailed study on the issue in 2023 which focused on the Holocaust page involving Poland, his area of expertise. Professor Grabowski joins the Law Bytes podcast to talk about his work, his Wikipedia study, and the threat of disinformation on the site.

Questions about trust in the media have escalated in Canada in recent months as with each error or questionable tweet, there is seemingly an inevitable chorus of concerns that raise doubts about the implications of government regulation and funding of the media. So where is the Online News Act at right now? What of the new collective designed to distribute the $100 million that Google agreed to pay in return for an exemption from mandated arbitration? And what can be done about the mounting trust deficit?

Erin Millar wears several hats including as the CEO & Co-founder of Indiegraf and the interim board chair of the Canadian Journalism Collective, the collective that was picked by Google to administer the $100 million distribution. She joins the Law Bytes podcast in a personal capacity to talk about the latest Bill C-18 developments and what measures might help address trust in Canadian media.

Bill S-210, the controversial age verification bill which purports to limit access to pornography for those under 18, could be headed for a final vote of approval in the House of Commons within the next couple of weeks. Much of the concern with the bill has focused on the privacy and free speech implications of mandating the technology and opening the door to website blocking. Yet often missing from the debate has been a deeper, more nuanced examination of pornography including distinctions between unlawful and so-called awful but lawful content, the role and responsibility of pornography platforms, and alternatives to the S-210 reliance on blocking and age verification technologies. That gap in the debate has now been filled by Professor Elaine Craig of the Schulich School of Law at Dalhousie University in her new book, Mainstreaming Porn. Professor Craig joins the Law Bytes podcast to discuss the book, the massive influence of porn platforms, the problems with Bill S-210, and the legal mechanisms she thinks would best address the issue . 

Parliament resumes after a summer break today. While digital policies receded into the background over the past few months, the political intrigue of by-elections and a minority government without an NDP deal will be accompanied by questions about what happens to Bill C-63, Canada’s online harms bill, Bill C-27, the privacy and AI reform bill, Bill S-210, the age verification bill, and a myriad of other regulatory and policy issues.

 Matt Hatfield is Executive Director of Open Media, one of Canada’s leading digital rights organizations. He joins the Law Bytes podcast to break down where things stand and what other digital policies may command attention.

The Law Bytes podcast is back with a deep dive into a high profile case coming out of Brazil, where Twitter or X has been under a blocking order this month. Not only is the service blocked, but individuals face significant fines if they try to circumvent the order to access the service by using a VPN. The case raises many questions about enforcing domestic laws, political and tech power, and the impact on individual rights and freedoms. Carlos Affonso Souza is a law professor at the State University of Rio de Janeiro (UERJ) and PUC-Rio, where he specializes in Law and Technology. He is the co-founder and Director of  Institute for Technology and Society of Rio de Janeiro (ITS Rio). He joins me on the podcast to discuss the case and its implications.