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 one last look back. Last month, I delivered the keynote opening address at Digital Access Day, an annual forum on digital policy run by the Canadian Internet Society. I recorded the talk – which focused on the end of some bills and the potential start of something new. While things have changing rapidly over the past month, I think it still provides a useful review and it is included in its entirety in this week’s Law Bytes podcast.
Post Tagged with: "digital policy"
Why the Trump Trade Threats Will Place Canadian Digital, Cultural, and AI Policy Under Pressure
If the first salvo fired by U.S. President Donald Trump in the form of a threatened 25-per-cent across-the-board tariff on Canadian goods (excluding energy, which would face a 10-per-cent levy) is a preview of future trade disputes, retaliatory tariffs alone will not solve the problem. Canada will need to turn to eliminating interprovincial trade barriers, rely on European and Asian trade deals to engage in new markets, and prepare for the prospect that long-standing Canadian regulations and market restrictions may face increasing pressure for an overhaul.
My Globe and Mail op-ed argues the need for change is particularly true for Canadian digital and cultural policy. Parliamentary prorogation ended efforts at privacy, cybersecurity and AI reforms and U.S. pressure has thrown the future of a series of mandated payments – digital service taxes, streaming payments and news media contributions – into doubt. But the Trump tariff escalation, which now extends to steel and aluminum as well as the prospect of reviving the original tariff plan in a matter of weeks, signals something far bigger that may ultimately render current Canadian digital and cultural policy unrecognizable.
The Law Bytes Podcast, Episode 225: How Canada Can Leverage Digital Policy to Retaliate Against Trump’s Tariffs
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. It is seemingly impossible to make sense of this deliberate targeting of an ally and claims this is linked to fentanyl that crosses the Canadian border into the U.S. doesn’t add up. Should this escalate further, the prospect of additional measures seem possible and that is where digital policy may come in. This week’s Law Bytes podcast examines the potential role of digital policy in support of retaliation against the Trump tariffs, including both defensive and offensive measures.
The Law Bytes Podcast, Episode 224: Why Prorogation and Donald Trump Spell the End of an Era in Canadian Digital Policy
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 US, 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 expansive court blocking order covering copycat sites to name just a few developments. Future episodes will dive into these issues but for the moment, the biggest story for podcast devoted to digital policy from a Canadian perspective is government’s decision to prorogue Parliament on January 6th and the inauguration of Donald Trump two weeks later on January 20th. Those two weeks effectively mark the end of the past five years of Canadian digital policy. Having devoted multiple episodes to various bills and laws, the bills are dead due to prorogation and many of the laws seem likely to die due to Donald Trump. This week’s Law Bytes podcast takes a closer look at what just happened and will consider what lies ahead in next week’s episode.
Why Years of Canadian Digital Policy Is Either Dead (Prorogation) or Likely to Die (Trump)
The Canadian political and business communities are unsurprisingly focused on the prospect of U.S. President Donald Trump instituting 25% tariffs on Canadian goods and services. The threat of tariffs, which could spark a retaliatory response by Canada and fuel a damaging trade war, would likely cause serious harm to the Canadian economy. But tariffs aren’t the only story arising from new Trump actions in his first day in office. Amidst the many executive orders signed on day one are several with significant implications for Canadian law, particularly Canadian digital policies such as the digital services tax, mandated streaming payments arising from Bill C-11, and mandated payments for news links due to Bill C-18. When combined the government’s decision to prorogue Parliament earlier this month, the results of years of Canadian digital laws and policies now largely fall into two groups: those that have died due to prorogation and those that are likely to die due to Donald Trump.
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