This past week, Netflix announced that it would be opening its first office in Canada – one of its 21 offices around the world. This move is made with a hope to work more closely with Canadian content creators and bring more Canadian content to Netflix. As Ted Sarandos’ post articulates, Netflix has a desire to support local talent and it has been doing so over the past decade. I think that this is great news for the Canadian creative community. It is always delightful to see young Canadian actors make their big break on Netflix shows (Maitreyi Ramakrishnan) and to see Canadian content succeed on an international stage.
On the whole, I am optimistic about Netflix’s expansion. I think Canadian producers, content creators, directors, actors, actresses, and many others in the industry, would benefit from the presence of Netflix. Not only will this open up more jobs locally, Canadian content creators will be able to pitch their ideas and then work closely with Netflix to share their stories to audiences across the world. Netflix will be able to provide greater funding and will allow for more high-budget projects proposed by Canadians to come to life.
The complex debate that surrounds Bill C-10 is closely related to Netflix’s expansion into the Canadian market. To my understanding, Bill C-10 will allow the CRTC to regulate streaming services such as Netflix, Disney+ and others by adding a category for online broadcasting. It will be interesting to see how and if Bill C-10 will affect Netflix’s decision to expand into the Canadian market in the long-term.
https://globalnews.ca/news/7634079/netflix-office-canada-content/
https://www.blogto.com/film/2021/02/netflix-office-canada-jobs/
https://www.hollywoodreporter.com/news/how-foreign-streamers-could-save-a-canadian-industry-on-the-brink
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As a response to EU GDPR regulations, website cookie settings have become more robust in terms of how we, as individuals, communicate our consent for our data being gathered. With Canada implementing its own consumer privacy legislation in the coming years, I thought I’d highlight the area that at a first glance might be where internet cookies are loosely regulated.
To provide a bit of background, in November of 2020 Parliament saw a first reading of the Consumer Privacy Protection Act as part of Bill C-11, the broader Digital Charter Implementation Act which seeks to modify Canadian consumer privacy protections with a new regulatory regime and additionally create a Data Privacy Tribunal.
s.52(3)(a) of the Act indicates that organizations cannot collect individuals’ data for business purposes (as noted in s.18) “without their knowledge or consent, through any means of telecommunication”. This enshrines the need for similar consent in Canadian law. Additionally, s.53(4) of the Act indicates that express consent is required, and implied consent is not sufficient. This particular subsection even overrides s.15(4) which provides room for implied consent to data collection in certain reasonable circumstances.
It’s important to note that the provision denotes ‘knowledge’ in addition to consent, which likely provides room for strictly necessary cookies to be gathered under s.18 of the Act.
s.18(1) of the draft legislation deals with business organizations’ ability to collect individuals’ personal information without consent. It states that organizations can collect information without consent if it is done under the auspices of an activity described in s.18(2). The ‘strictly necessary’ cookies which cannot optionally be turned off in our browsers would each likely fall under an activity described in ss.(2), and broadly relate to organizational due diligence, network functionality, and consumer/organizational safety. Consumer knowledge of these strictly necessary cookies, provided in frequently-seen cookie setting pop-ups, may satisfy an organization’s obligations under s.52(3)(a) as described above.
**This is not legal advice, and the legislation isn’t even enacted yet.
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The spread of misinformation through social media has been a prevailing topic, particularly today as its effects are more blatantly realized. Like many others, I was appalled by the seizure of Capitol Hill, but not surprised that the violence transpired. The association of conspiracies over COVID is another example of the rendering of “fake news” phenomenon. A previous post by Aaron also brought up recent misinformation of abductions occurring in BC’s lower mainland. I personally had family and friends reaching out and sharing this Tik Tok to alert me to be more vigilant. I gently reminded them that vigilance should be practised and not readily giving credence to everything you read or hear from social media. I sent them a CBC article warning users of the misinformation being spread about these said abductions.
When I encountered this article by Kastrenakes, I was hopeful that perhaps it was possible to find a balance between engaging with others online and retaining some control over the content we choose. The article summarizes Twitter CEO Jack Dorsey’s intention to provide users with a mechanism to choose the algorithm that best suits their online experience. The intention is not to censor users from content but rather engage the user to choose their online experience rather than relying on a single company to provide an algorithm. If successful, users would have more choice over what content they would like to see.
https://www.theverge.com/2021/2/9/22275441/jack-dorsey-decentralized-app-store-algorithms
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A recent article by arstechnica, states 70% of top “civic” Facebook groups are toxic or violent according to a report.
The report discusses the issues of hate speech, violent rhetoric, misinformation and toxic behaviour in relation to the US Capitol. However, this is a global issue.
I live in the Fraser Valley, and we are seeing local fear mongering on Facebook with regards to missing people. Conspiracy theories that they were all related began to explode. Moreover, conspiracy theories that Global News was “Fake News” also have shown up in the comments section. In my view, this indicates that this phenomenon can occur on macro and micro scales. What I have witnessed locally is rather shocking. Facebook conspiracy theories do not stay on Facebook. Many people have posted about “protecting yourself” from abductors. This has translated into real people actually beginning to carry around knives and weapons out of fear of being abducted. The problem of people taking action due to Facebook posts is not only a problem for the US Capitol, but an issue we are all exposed to.
The idea behind free speech, is to beat bad ideas with better ideas. However, Facebook Algorithms does not work this way. It promotes what is trending. What are the solutions? Do we shut down these groups? Are conspiracy theorists being shut down a realistic solution? How do you bring a conspiracy theorist back to a middle ground?
https://www.citynews1130.com/2020/02/11/police-fake-news-facebook-groups/
https://arstechnica.com/tech-policy/2021/02/70-of-top-civic-facebook-groups-are-toxic-or-violent-report-finds/
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This past week, Jeff Bezos announced that he will be stepping down from his position as CEO of Amazon and that Andy Jassy will be replacing him. According to the articles, this shift in power has been in the works for quite some time and isn’t a surprise to insiders of the company. Forbes states that the timing of Jeff Bezos’ decision is “impeccable” as Amazon has reached new heights in the past year. The reason that Jeff Bezos gives for departing from his position as chief executive officer is a desire to dedicate more time to growing his other projects including the Bezos Earth, Blue Origin, etc.
While Amazon has reached new heights financially, it is evident that Andy Jassy will face struggles and tough decisions coming into the position. To give an overview of prominent issues that the company faces: Amazon will have to deal with the anti-trust investigations which include both hindering competition from third-party sellers and allegedly feeding its users’ private data to an algorithm to decide which products to launch. Amazon is also faced with criticism for its treatment of warehouse workers. While Amazon has faced criticism in the past about its work conditions (workers are discouraged from using the washroom during their shifts), this really came into the spotlight in the early days of the pandemic. Amazon has also been frequenting headlines for its position against its workers joining unions. This could all change with a vote that started in the state of Alabama. Finally, Amazon faces ongoing criticism by environmentalists for its carbon emission which is causing irreparable harm to our earth.
Leaders of Amazon have continued to dodge the above-mentioned problems. As people have discovered the convenience of online shopping like never before, Amazon may continue to spring to new heights even after COVID. That said, its incoming CEO, Andy Jassy, should stop avoiding the problems that the company has created. I am of the opinion that working conditions should be improved: bathroom breaks should not be limited. Amazon workers should have the freedom to join a union to have their voices heard and rights protected. Amazon will also have to face Congress, which has come down on its improper use of data for marketing and product-launching purposes.
The future of Amazon remains unknown. While Jeff Bezos embarks on a new adventure with Blue Origin, I look forward to seeing how Andy Jassy responds to the problems when he takes over in July.
https://www.cbc.ca/news/business/amazon-bezos-stepping-down-1.5898176
https://www.forbes.com/sites/jackkelly/2021/02/03/stepping-down-from-his-ceo-title-amazons-jeff-bezos-shows-his-human-side-by-pursuing-his-passions/?sh=528823742b34
https://www.washingtonpost.com/technology/2021/02/04/amazon-jassy-antitrust-union/
https://www.wsj.com/articles/jeff-bezos-exits-as-ceo-but-his-role-at-amazon-will-likely-little-change-11612399248
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Following from the previous posts on digital privacy, a recent report from four Canadian privacy commissioners expressed frustration at Clearview AI’s infringement of Canadian privacy law, and doubt that our current regime is capable of enforcing compliance. The facial recognition company stopped assisting Canadian law enforcement agencies the last time these concerns were raised, but has yet to delete Canadians’ photos from their database as ordered. The UK and Australia are jointly conducting a similar investigation.
https://www.cbc.ca/news/politics/technology-clearview-facial-recognition-1.5899008
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Saw this article about a statement today from Heritage Minister Steven Guilbeault and thought it was worth sharing, especially in light of the previous posting regarding the same issue in Australia.
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Hi all,
Thought this was an interesting story given it was groundhogs day a few days ago! PETA is wanting to replace using groundhogs with artificial intelligence.
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Communications Law
