Let’s pile on the CRTC! Everyone’s doing it. There is just so much going on in the CRTC right now I barely even know where to start. Let’s recap the week that was (and is still going on) at everyone’s new favourite punching bag regulator, the CRTC.
What do you get when you mix Canada’s broadcasting regulator and the company that defines the future of “television”? Fisticuffs! Well, not really, we’re talking about bureaucrats here. But we do get a heated discussion, and Netflix sticking it to the man. We also get internet lawyers on TV. What’s this all about? ONLY THE FUTURE OF BROADCASTING AND INTERNET VIDEO IN CANADA. Which is why they put me on TV I guess. Lemme explain.
Within 14 days of the date of this judgment, Google Inc. is to cease indexing or referencing in search results on its internet search engines the websites contained in Schedule A…
I would not blame you if you thought that order above was from the Google Right to be Forgotten case. It is not. It is from Canada. And it will be seriously precedent-setting. Well, if the appeals don’t gut it first. We’re a long way from this being over, but we’ve had two important decisions so far, the most recent one last week, so I guess I better chronicle them so when we end up in the Supreme Court of Canada in three years, I can just refer back to this post because I’m lazy. Let’s dive in.
Sure, it’s Canada Day, but well, this is much more important. CASL is in effect as of today!
Yay! Booooooo. I have absolutely no desire to write about this stupid fucking law again, so go read the archives. I might also suggest this excellent substantive FAQ from Barry Sookman he posted yesterday.
I am pleased to report that in all seven of my email accounts, I have yet to receive a single piece of spam today! Well done, government! It works! Oh wait, here’s one. Larger penis, eh? Ooh look, some pharmacy-grade viagra to go with it! Well that was fun while it lasted.
The advancement of internet legal principles is the only good thing to result from child pornography #RvSpencer
– Me, on Twitter, last Friday as I read the case
Sure, quoting yourself from Twitter is pretty dumb. And tragically, my #RvSpencer hashtag never took off. But the point still stands. Illegal activities like child pornography tend to be lightning rods for internet privacy, and the only way we can get landmark internet law cases like last Friday’s R v. Spencer case from the Supreme Court of Canada. And the Court even found a way to keep the child pornography evidence intact while guaranteeing some internet privacy rights. Win-win!
Sometimes we forget things. Sometimes, we’d like to forget things. You know, like that time
I you had a few too many and got naked on the bar and everyone had their iPhones pointed at me you and well, I’ve said too much already. I’d You’d like to forget that incident, but the internet never forgets. And Google never forgets. But thanks to a ruling from a couple of weeks ago that can only be described as “landmark” from the top court in the EU, the Court of Justice, Google kind of has to. Let’s dive in.
I rarely write about U.S. internet legal developments around here. But sometimes, the facts of a U.S. case are just too interesting to ignore. Once such recent case caught my eye. If you’ve read the headline of this post, you know what I mean. And there is a Canadian connection to the facts, so that’s something. Continue reading
Earlier this week, the government introduced new legislation, Bill S-4, known as the Digital Privacy Act, which undoubtedly will end all privacy issues forever in this country. Good news! Or is it? As usual, I’ve read the bill so you don’t have to. Let’s dive in.
I had the pleasure of sitting down recently with the fine folks from the McGill Law Journal, who have an amazing podcast series, with lots of law learnin’ ‘n stuff. For some reason they thought I would be a good guest. Big mistake. The title of the podcast is “Seeking Jane Doe: The Voltage Decision”, and obviously, it’s about the Voltage decision. Here is the description:
Voltage, a US film producer and distributor, is using a controversial legal procedure to go after illegal downloading. We talk to Allen Mendelsohn, internet law expert, David Fewer, Director of CIPPIC, and Voltage’s lawyer, John Philpott, about how this will impact Canadian Internet users.
The video above is a special message for today from Tim Berners-Lee, the genius who invented the thing. Do you remember the internet before the magical WWW letters? No you don’t. I’ll tell you, it was a nightmare. You had to go to alt.binaries newsgroups for your porn. Now you can just go to https://www.nu-bay.com/ instead. You kids today don’t know how good you have it.
And really, without the web, I’d be stuck as a boring corporate lawyer somewhere. Ugh. I owe my career to Tim Berners-Lee. Thanks Tim. I’ll send you your cut via snail mail. I’m sure it won’t get lost.
[Ed.’s (me) note – this post has been updated at the bottom to reflect new developments in the story]
Hoo boy, I do not want to write this post. If there is one thing that scares me it’s wading into the language wars in Québec. I love this province; it’s been my home for all my life, I speak and work in French, I have francophone friends, and we all get along thanks to our shared love of soft runny cheeses, alcohol and nos Habitants (not necessarily in that order). So I don’t like rocking the boat, ya know? But we’ve got ourselves a legitimate internet law question here which I must chronicle. And possibly a legitimate legal debate between lawyers! So ‘stie calice de tabernac, let’s do this.
Last Thursday, a huge decision came down from the Federal Court of Canada in the case of Voltage Pictures v. John Doe and Jane Doe. No, seriously, this is big. 80 Google News results! When was the last time a Federal Court decision even made the news? Does the decision mean the end of Canadian illegal downloading as we know it? Maybe! Maybe not! Well that’s clear as mud. Let’s try and sort this all out.