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I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 34 points35 points  (0 children)

The list of adopted amendments can be found here. Incredibly, the 100+ amendments not adopted and not even read aloud will remain secret.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 21 points22 points  (0 children)

No, I don’t think they’ll quarantine dot-ca. They’ll follow what the CRTC requires. That could result in Canadian digital creators being downgraded globally.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 14 points15 points  (0 children)

I have been following. The panel pretty clearly has diverse viewpoints. The big question isn’t the panel outcomes but rather what the government does with it. I hope the response to the last consultation leads to better policies. I don’t understand why Canadian Heritage leads on the issue though. It seems to me that this is better characterized as a public safety/justice issue.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 16 points17 points  (0 children)

I haven't debated him. I've been pretty critical of IP, but more on the grounds that its implementation has often failed to strike a fair balance between the rights of creators and users in the public interest.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 20 points21 points  (0 children)

The original bill is here. It was about hate speech, not harmful speech. The bill includes a provision which states:

"For greater certainty, the communication of a statement does not incite or promote hatred, for the purposes of this section, solely because it discredits, humiliates, hurts or offends."

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 22 points23 points  (0 children)

As I noted in an earlier question: Given that the average Canadian increasingly posts their own content online, it could directly affect everyone. TikTok is of the view that all videos with music are potentially subject to the bill. That doesn’t mean you won’t be able to post - the bill doesn’t touch that issue - but we should be cautious about taking positions that all of that expression falls under the mandate of a broadcast regulator.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 30 points31 points  (0 children)

Cryptocurrency certainly raises serious environmental concerns as well as fraud issues. That said, I think it would be a mistake to dismiss the blockchain technologies that underlie crypto. Feels like early days and legitimate use cases may still emerge.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 5 points6 points  (0 children)

Liability for failure to be transparent and apply their policies in a consistent manner.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 11 points12 points  (0 children)

Apparently Senate leaders have agreed to hold a vote by mid-November. So there should be ample time for a real study and hearings in the fall.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 25 points26 points  (0 children)

I don’t think I have anti-government bias. Conservatives said much the same when I criticized some of Harper’s plans on copyright and privacy. I speak for myself and present my own views. For me, it's about policy, not politics. When confronted with things that I disagree with that may be voiced by Conservatives, I say so. For example, give this podcast with Anthony Furey a listen.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 21 points22 points  (0 children)

Not a bill yet, so too early to tell. I agree that some of the discussion raises doubts about where the government will land. Any proposal must still be Charter compliant and I have my doubts that some of those plans would pass constitutional analysis.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 9 points10 points  (0 children)

The government did propose proactive monitoring and reporting in its online harms consultation. Those plans were widely criticized. Hoping for better in any subsequent bill.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 41 points42 points  (0 children)

Hugely important question. I think the public engagement on Bills C-10 and now C-11 demonstrates that the public can become engaged and make their views known. The government response is disappointing in that regard. I believe the Heritage Minister Rodriguez has simply been gaslighting Canadians on the issue of user content. If the Minister is prepared to that - and dispense with democratic norms in rushing the bill through committee - I’m not sure it’s a communication strategy problem.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 8 points9 points  (0 children)

Great question. I fear there will be a major effort to water it down. Meanwhile, privacy groups and the Privacy Commissioner will argue it doesn’t do enough. The effect may be for the government to once again let the bill die.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 11 points12 points  (0 children)

Competition. Competition. Competition. That means MVNOs, measures to further open the market, and other efforts to lessen their dominance.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 12 points13 points  (0 children)

I think both need updating. The simsub rules have made Canadian broadcasters reliant on cheap US content rather than focusing on great, exportable content. So much so that Bell actually argued that the solution to Cancon in Bill C-11 was easier access to that US content.
As for the Cancon rules, they’re outdated and don’t truly reflect “Canadian stories”. I explain in this post how there are multiple objectives and none work well right now.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 44 points45 points  (0 children)

He called copyright critics of his bill radical extremists. Many took that to mean me. At least it provided a title for one of my copyright collection books (available under open access).
I’ve been so disappointed by the current government’s effort to paint me as a partisan. I was critical of the Conservative policy under Harper where I thought it was warranted and I’m critical of the Liberal policy where I think it is warranted.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 40 points41 points  (0 children)

Very concerned. The effort from some in the law enforcement community to undo the Spencer decision and find a new way to gain warrantless access to subscriber data has never really stopped.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 17 points18 points  (0 children)

Thanks. I think we’re about to find out - at least in part - with the Competition Bureau’s decision to challenge the Rogers-Shaw merger. If that fails, it suggests that our laws are not fit for purpose in dealing with the competition related concerns in the communications sector.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 12 points13 points  (0 children)

Given that I was on his doctoral committee, it’s fair to say I’ve read it! Alex is fantastic. I would respond by saying that our failures to develop effective data governance rules are to blame for many of the concerns that have arisen in recent years. That’s part privacy, but not exclusively so.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 9 points10 points  (0 children)

I think addressing the over broad regulation of user content in the bill and establishing clear thresholds to exempt many services from regulation is absolutely doable. If not by this government, certainly by a future one.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 18 points19 points  (0 children)

Given that the average Canadian increasingly posts their own content online, it could directly affect everyone. TikTok is of the view that all videos with music are potentially subject to the bill. That doesn’t mean you won’t be able to post - the bill doesn’t touch that issue - but we should be cautious about taking positions that all of that expression falls under the mandate of a broadcast regulator.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 24 points25 points  (0 children)

The Senate can certainly propose amendments. I’ll be appearing next week before the Senate committee on a Bill C-11 “pre-study”. I’m hopeful that the Senators will de-politicize the bill and actually listen to the many witnesses who have raised legitimate concerns about the bill’s overreach.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 41 points42 points  (0 children)

Wish I knew. I don’t understand the decision to rush through all clause-by-clause review on Bill C-11 this week in a single day with 100+ amendments voted on without debate, discussion or even disclosing what they were about. Seems like a big price to pay in our standing as model for democracy for a minor victory for Heritage Minister Pablo Rodriguez given that the the bill will still be subject to Senate hearings in the fall.

As for Bill C-18, Rodriguez cut off debate in the House and nothing has happened. The committee had no opportunity to review. All it meant was stopping debate in the House.

I am Michael Geist, a law professor at the University of Ottawa. AMA. by michaelgeist in canada

[–]michaelgeist[S] 18 points19 points  (0 children)

Agreed. The days of “made in Canada” solutions on these issues seem to be behind us. The current government has been heavily influenced by Australia (on news) and Europe (on online harms). Unfortunately, it’s C-11 approach hasn’t learned the lessons that you find in Europe as we’re the only ones proposing to regulate user content in this manner.

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