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mgeist

@mgeist@mas.to

Law Professor & Canada Research Chair in Internet and E-commerce Law
University of Ottawa
michaelgeist.ca | Twitter: @mgeist @lawbytespod

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This is Who We Are Now: my post on why the shock of Jewish school shootings and months of escalating antisemitism in Canada comes from the silence of neighbours and colleagues and of cowardice from our political and university leaders.
https://www.michaelgeist.ca/2024/05/this-is-who-we-are-now/

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Curb Your Enthusiasm: Why Bill S-210 Could Mandate CRTC-Backed Age Verification For Streaming Services Like Netflix, Crave and CBC Gem
https://www.michaelgeist.ca/2024/05/curb-your-enthusiasm/

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The Behind-the-Scenes Bill C-18 Battle: How Newspapers, Big Broadcasters and the CBC Are Trying to Seize Control Over How Google Money is Allocated to Canadian Media
https://www.michaelgeist.ca/2024/05/the-behind-the-scenes-bill-c-18-battle-how-newspapers-big-broadcasters-and-the-cbc-are-trying-to-seize-control-over-how-google-money-is-allocated-to-canadian-media/

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Why Months of Jewish Discrimination and the Normalization of Antisemitism on University Campuses Must Stop
https://www.michaelgeist.ca/2024/05/normalizationofantisemitism/

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When antisemitism is dismissed or excused, this inevitably follows. Given the failure of leaders to respond to antisemitic violence against Jewish students in Canadian communities, no one can be surprised at the escalation to shooting at Jewish schools.
https://x.com/DrJacobsRad/status/1794425246977781923

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Another CPC filibuster at committee today. Canada is sleepwalking toward legislation without hearing from any witnesses that includes CRTC oversight of age verification for search and social media, website blocking, and use of facial scanning.
https://x.com/mgeist/status/1791093745330630861

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It was totally predictable (and predicted) but hard to overstate the disastrous embarrassment of Canada’s digital policy. Bill C-11 will take years to implement and is already facing trade and court challenges, while Bill C-18 has harmed the very news outlets it intended to help.

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Privacy invasive mandated age verification for search and social media, website blocking and CRTC regulation is closer to becoming law than you think in Canada. My post on why a CPC committee filibuster threatens to pass Bill S-210 without expert review.
https://x.com/mgeist/status/1791093745330630861

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A Post I Never Thought I Would Need to Write: Jewish Students Have the Right to Feel Safe on Campus
https://www.michaelgeist.ca/2024/05/a-post-i-never-thought-i-would-need-to-write-jewish-students-have-the-right-to-feel-safe-on-campus/

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The government and Bill C-11 supporters created a fake panic about future of Canadian content and film/TV production. The data again tells the reality: there has never been more Cancon and more TV/film production in Canada. All-time highs without new laws.
https://cmpa.ca/wp-content/uploads/2024/05/Profile-2023-English.pdf

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Have Canada’s wireless prices really dropped in half? How do we rank when compared to others? Rotman professor @dasoberman joins the @lawbytespod podcast this week to discuss what the data says and explain why wireless competition remains a problem.
https://www.michaelgeist.ca/2024/05/law-bytes-podcast-episode-202/

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As this Yom Hashoah begins, I’m thinking of my grandparents. They survived the camps though most of their families did not. Canada offered a chance at a new life, yet today I see once unimaginable antisemitism on our campuses and streets that is excused, dismissed or ignored by far too many.

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This week I’m hosting students from Israel and Italy in my annual global tech law course. Grateful to Senator Leo Housakos for his Senate welcome and greeting with this message: some students face backlash at certain universities, but they are welcome in Senate of Canada.
https://x.com/SenatorHousakos/status/1786059148293202023

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Four Ontario school boards are seeking billions in compensation from social media companies as a U.S. legal strategy comes to Canada. What are the actual legal claims and their likelihood of success? @robertdiab joins the @lawbytespod podcast to discuss.
https://www.michaelgeist.ca/2024/04/law-bytes-podcast-episode-201/

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It was a fun coffee leading to a fun article covering all matters on digital policy in Canada.
https://www.canadianaffairs.news/2024/04/24/professor-michael-geist-i-would-not-score-them-well-at-all/

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Wild disconnect between gov talking points and consumers’ actual experience. Carrier ARPU up over last 5 years means consumers spend more today on wireless services. More data for your money might mean better value but no one’s bills have been cut in half.
https://x.com/JustinTrudeau/status/1781078321284952355

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Debating the Online Harms Act: Insights from Two Recent Panels on Bill C-63. Video now available from yesterday’s CIJA Town Hall and last week’s University of Ottawa panel, which both provide a good discussion on the controversial bill.
https://www.michaelgeist.ca/2024/04/debating-the-online-harms-act-insights-from-two-recent-panels-on-bill-c-63/

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The Online Harms Act is 3 bills in 1: platform regs, Human Rights Act, and Criminal Code reforms. This week’s Law Bytes podcast features Boris Bytensky on the most controversial part of Bill C-63: criminal law reforms that include life in prison for hate motivated crimes.
https://www.michaelgeist.ca/2024/04/law-bytes-podcast-episode-199/

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AI Spending is Not an AI Strategy: Why the Government’s Artificial Intelligence Plan Avoids the Hard Governance Questions
https://www.michaelgeist.ca/2024/04/ai-spending-is-not-an-ai-strategy-why-the-governments-artificial-intelligence-plan-avoids-the-hard-governance-questions/

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The Law Bytes Podcast, Episode 198: Richard Moon on the Return of the Section 13 Hate Speech Provision in the Online Harms Act
https://www.michaelgeist.ca/2024/04/law-bytes-podcast-episode-198/

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mgeist , to Random stuff
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Secret government content removal requests fuel concerns about abuse of Internet content regulation. The Meta 2019 transparency report just references private reports of defamation and a government disclosure only went back to 2020.
https://www.michaelgeist.ca/2023/04/government-departments-pressure-social-media-sites-to-censor-news-links-mean-tweets/
https://www.cbc.ca/news/politics/facebook-2019-election-trudeau-1.7164757

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Happy to appear in this excellent podcast on the Online Harms Act, which unpacks both the good and bad in Bill C-63. Most discouraging: Justice Minister Arif Virani frequently rejecting “premise of questions” and his non-answers on fixing the bill. Not promising.
https://www.thestar.com/podcasts/its-political/does-the-online-harms-act-go-too-far/article_c469079e-f2d0-11ee-8ac9-ff58331f333e.html

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Tweets Are Not Enough: Why Combatting Relentless Antisemitism in Canada Requires Real Leadership and Action
https://www.michaelgeist.ca/2024/03/tweets-are-not-enough-why-combatting-relentless-antisemitism-in-canada-requires-real-leadership-and-action/

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The future of TikTok is back on the public agenda with a US bill to ban the popular app if the company is not sold. Should TikTok be banned? Sold? Regulated like any other social media company? @AnupamChander joins the Law Bytes podcast to discuss.
https://www.michaelgeist.ca/2024/03/law-bytes-podcast-episode-197/

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mgeist , to Random stuff
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Relentless antisemitism is who we are - or at least what we have become. But it doesn’t have to be this way. We desperately need leadership at all levels of government that goes beyond words to action committed to safety and equality for Jewish community.
https://www.theglobeandmail.com/opinion/editorials/article-canadas-dangerous-slide-into-antisemitism/

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Incredibly proud as a faculty member and dad of the University of Ottawa law moot team featuring Jordan Geist, Hannah Goold and Emily Thompson for winning the Oxford International IP moot this weekend. I saw first hand the hard work, dedication, and great Prof. De Beer coaching!
https://www.uottawa.ca/research-innovation/centre-law-technology-society/news/law-students-repeat-winner-oxford-international-intellectual-property-moot

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The Supreme Court recently concluded there is reasonable expectation of privacy in IP addresses in Bykovets. Vibert Jack, BCCLA litigation director, intervened in the case and joins the @lawbytespod podcast this week to discuss the ruling and its significance.
https://www.michaelgeist.ca/2024/03/law-bytes-podcast-episode-196/

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Better Laws, Not Bans: Why a TikTok Ban is a Bad Idea
1️⃣lack of evidence
2️⃣disinfo wider problem
3️⃣weakens competition
4️⃣risky model for others
5️⃣undermines expression
We need broadly applicable regs on privacy, competition, platform responsibility, disinformation.
https://www.michaelgeist.ca/2024/03/better-laws-not-bans-why-a-tiktok-ban-is-a-bad-idea/

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The Globe comes out against Bill S-210, identifying a wide range of concerns:

“good intentions alone don’t make for good laws”

https://www.theglobeandmail.com/gift/bc5ccfd82a3d67a8a2eb311b674db2a91992bf2cfe04000174b15757e8886622/UGCTUJ2CN5HWBFVTIC5XIAE2FM/

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Government Gaslighting Again?: Unpacking the Uncomfortable Reality of the Online Harms Act
https://www.michaelgeist.ca/2024/03/government-gaslighting-again-unpacking-the-uncomfortable-reality-of-the-online-harms-act/

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With the Online Harms Act facing mounting concerns, what do you need to know about the bill? How does it regulate Internet platforms? What are the implications of the Criminal Code and HRA provisions? @vivekdotca joins the Law Bytes podcast to discuss.
https://www.michaelgeist.ca/2024/03/law-bytes-podcast-episode-195/

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OCAD and President @acserrano were not among the Universities canvassed by MP Anthony Housefather regarding antisemitism. That was a mistake. This is an appalling story of campus antisemitism wholly inconsistent with policies on a safe learning environment.
https://nationalpost.com/news/canada/jewish-students-targeted-ontario-arts-university

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Taking Action Against Antisemitic Hate: When Content Moderation, Self-Regulation, and Legislation Fail
https://www.michaelgeist.ca/2024/03/taking-action-against-antisemitic-hate-when-content-moderation-self-regulation-and-legislation-fail/

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The Law Bytes Podcast, Episode 194: CCH Turns 20 - Scott Jolliffe Goes Behind the Scenes of the Landmark Copyright Case That Ushered in Users' Rights
https://www.michaelgeist.ca/2024/03/lawbytespodepisode194

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Huge SCC ruling:
“If s. 8 of the Charter is to meaningfully protect the online privacy of Canadians in today’s overwhelmingly digital world, it must protect their IP addresses. An IP address is the crucial link between an Internet user and their online activity“
https://x.com/SCC_eng/status/1763576593077690540?s=20

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The Bill C-18 prize: Google launches an open call for news organizations eligible for the $100M. Will negotiate with a single collective on behalf of all.
The cost for $100M: lost news links on Meta, lost news deals on Google and Meta, many biz ineligible.
https://blog.google/canada-news-en/#overview

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Why the Criminal Code and Human Rights Act Provisions Should Be Removed from the Online Harms Act
https://www.michaelgeist.ca/2024/02/why-the-criminal-code-and-human-rights-act-provisions-should-be-removed-from-the-online-harms-act

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As we wait for actual text of Bill C-63, my thread on Online Harms Act based on govt materials for today’s briefings. Main takeaway: significantly different from 2021 consultation plans. Focus on hate and children safety, not takedowns or site blocking.
https://x.com/mgeist/status/1762217483031703897?s=20

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I’m getting a lot of questions about the Online Harms bill coming later today. My @lawbytespod podcast answers some of them and provides a backgrounder and preview: how we got here, the key issues and concerns, and what to expect in Bill C-63.
https://www.michaelgeist.ca/2024/02/law-bytes-podcast-episode-193/

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mgeist , to Random stuff
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Excellent essay on Canada’s failed cultural policy that identifies the real crisis: not the lack of government “investment” that disproportionately favour Quebec (ie. cross-industry subsidies and shakedowns) but declining audiences and exports.
https://shush.substack.com/p/the-wasteland

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Just before Bill S-210 blew up as a political issue this week, I appeared on CBC to discuss the bill and its major flaws. Video here:
https://www.cbc.ca/player/play/2310755907867

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Further confirmation that the Online Harms bill is coming early next week. It’s now on the official Notice Paper and will likely be Bill C-63. As expected, it is now a Justice bill, not Canadian Heritage.
https://www.ourcommons.ca/documentviewer/en/44-1/house/sitting-285/order-notice/page-11

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Conservatives Double Down on Support for Mandated Internet Age Verification and Website Blocking: Why Can’t Canada Get Common Sense Digital Policy?
https://www.michaelgeist.ca/2024/02/conservatives-double-down-on-support-for-mandated-internet-age-verification-and-website-blocking-why-cant-canada-get-common-sense-digital-policy/

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CPC appears to reaffirm Bill S-210 support. Simply impossible to reconcile support for freedoms online with a bill that raises age verification tech privacy concerns, extends scope to search and social media, and establishes court ordered website blocking.
https://nationalnewswatch.com/2024/02/21/conservative-government-would-require-id-to-watch-porn-poilievre

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More Free Money: Media Lobby Campaigning For Even More Government Funding, Grants and Tax Reform
https://www.michaelgeist.ca/2024/02/more-free-money-media-lobby-campaigning-for-even-more-government-funding-grants-and-tax-reform/

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As some shamefully seek to downplay antisemitism by suggesting it is being “weaponized”, this report demonstrates Canadian reality since October 7th: “an unparalleled spike in hate crimes against Jews” and intelligence warnings that extremist attacks are “increasingly likely.”
https://globalnews.ca/news/10294929/antisemitism-canada-since-oct-7/

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This is my home. This is my Jewish community. The Ottawa Police report that we were by far the most targeted group for hate crimes last year.
https://www.ottawapolice.ca/en/news/annual-hate-crimes-data-show-a-19-increase-in-reporting-to-police-in-2023.aspx

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The Law Bytes Podcast, Episode 192: Kate Robertson on the Privacy, Expression and Affordability Risks in Bill C-26
https://www.michaelgeist.ca/2024/02/law-bytes-podcast-episode-192/

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