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Law Bytes

Michael Geist

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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. This podcast explores digital policies in conversations with people studying the legal and policy challenges, set the rules, or are experts in the field. It provides 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 p ...
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Think!

CJSR FM 88.5

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Ideas abound! CJSR's Think podcast presents original thought from some of today's most prominent intellectuals about topics that get left out of the daily conversation.
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Digital policy did not play a major role in the recent federal election, but the new Mark Carney Liberal government is quickly going to face a wide range of digital-related policy questions. This week’s Law Bytes podcast examines the short, medium and longer term issues including the future of the digital services tax, Canadian digital sovereignty,…
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As the 2025 federal election passes the midway point, it is increasingly apparent that the federal political parties are not only battling for votes, but also for data. Canadians may not see it but political parties are data machines anxious to collect and use as much data about potential supporters as possible. Sara Bannerman is the Canada Researc…
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The 2025 federal election is now in its second week and the battle for attention and ultimately votes is taking place both online and offline. The enormous influence of online sites such as Twitter, Facebook, TikTok and a handful of others raises real issues about how information spreads, its reliability, and risks of misinformation and disinformat…
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With a federal election just called and the campaign now underway, the focus will turn - at least in very small part - to party policies. It is certainly possible that digital issues such as AI regulation, online harms, and the fate of Internet laws will merit a mention. I’m hoping to cover those issues in the weeks ahead, but this week, I offer on…
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The craziness of the Trump administration relationship with Canada was on full display this past week as seemingly every day involved some form of policy change on tariffs – first on, then slightly delayed for some goods, then slightly delayed for more goods and by week’s end threats of new tariffs. Given the uncertainty, I recently co-wrote an op-…
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Debates over the role and future of the CBC are seemingly about as old as the CBC itself. Those debates have become increasingly fractious in recent years as some see the public broadcaster as essential to Canadian culture and to address concerns about misinformation, while other insist it is hopelessly biased, outdated, and a threat to marketplace…
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The trade battle between Canada and the U.S. took a brief break last week as hours before the Trump tariffs were scheduled to take effect, President Trump agreed to a 30 day delay in return for various border measures. That brought a sigh of relief but no real sense that the issue is over. Indeed, quite the opposite – as future battles over tariffs…
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Canada now finds itself in economic war with the United States as President Donald Trump has levied a 25% tariff on all Canadian goods (10% for energy), which are scheduled to start on Tuesday. In response, Canada will levy retaliatory tariffs valued at $155 billion with $30 billion coming this week and another $125 billion in several weeks time. I…
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A lot has happened over the past six weeks since the last Law Bytes episode that provided a year-end review. TikTok briefly went offline in the U.S., Meta changed its content moderation policies in a major shift designed to curry favour with Donald Trump, Amazon announced it is laying off all of its Quebec-based employees, and Bell obtained an expa…
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Canadian digital law and policy in 2024 featured the long-delayed online harms bill, controversial implementation of streaming and online news legislation, as well as a myriad of notable copyright, AI, and privacy court cases. Government legislation stalled in the House of Commons, but with trade battles over a digital services tax, a competition c…
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Canada’s largest media companies came together recently to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. I wrote about the suit, suggesting that the primary motivation behind the suit was likely the hope to kickstart settlement discussions with the hope of a licence. Robert Diab, a law professor at Thompson Rivers Uni…
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The Standing Committee on Canadian Heritage has for the past month been conducting a study on protecting freedom of expression. The counters of the study aren’t entirely clear. In fact, after I was invited to appear, I asked for some sense of what the committee was looking to address. There wasn’t much detail, which has really left it open for witn…
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Consumer frustration with just about everything associated with Canadian communications services is well known. The list of concerns is long: high prices, contracts that lock in consumers but not providers, gaming prices to make comparison shopping difficult, and confusing consumer codes among them. As politicians have begun to take notice, the CRT…
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The recent announcement of a Canadian government decision to ban the corporate offices of TikTok but leave the app untouched has left many puzzled since the approach may actually make matters worse. The potential privacy and security risks associated with the app will remain but the ability to hold the company accountable will be weakened. While th…
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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…
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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 n…
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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 issue…
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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 expr…
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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 di…
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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 …
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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…
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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 …
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The battle over a digital services tax has been the subject of Law Bytes podcast episodes for several years as the Canadian government signalled its intent to move ahead with one even as US officials warned of risks of trade retaliation if they did so outside of an international framework. With the DST now in effect, what does trade law have to say…
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It isn’t news that the Canadian news sector is broken: the Online News Act has caused more harm the good, the dependence on government funding and regulation has grown dramatically and undermined public trust, and implementing Bill C-18 has become mired in controversy. Peter Menzies spent three decades as a working journalist and newspaper executiv…
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The recent CRTC Bill C-11 decision mandating that streaming services pay 5 percent of their revenues has left seemingly everyone unhappy and sparked multiple legal challenges. While much of the focus has been on video streaming, music was a core part of Bill C-11 and the implications for music streaming services may be the most pronounced. Will Pag…
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