Weekly News (Feb. 26th – Mar. 4th)

Communications Governance in the News

Compiled by Charnjot Shokar

Research Assistant, Communications Governance Lab

M.A. Candidate, Communication and New Media, McMaster University

Canadian News: Feb. 19 – 25

International News: Feb. 19 – 25

Press Releases and Decisions: Feb. 19 – 25

Supreme Court of the United States

  • [FREEDOM OF INFORMATION] Digital Realty Trust, Inc. v. Somers – No. 16-1276: Endeavoring to root out corporate fraud, Congress passed the Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley) and the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). Both Acts shield whistleblowers from retaliation, but they differ in important respects. Sarbanes-Oxley applies to all “employees” who report misconduct to the Securities and Exchange Commission (SEC or Commission), any other federal agency, Congress, or an internal supervisor. 18 U. S. C. §1514A(a)(1). Dodd-Frank defines a “whistleblower” as “any individual who provides . . . information relating to a violation of the securities laws to the Commission, in a manner established, by rule or regulation, by the Commission.” 15 U. S. C. §78u–6(a)(6). A whistleblower so defined is eligible for an award if original information provided to the SEC leads to a successful enforcement action. §78u–6(b)–(g). And he or she is protected from retaliation in three situations, see §78u–6(h)(1)(A)(i)–(iii), including for “making disclosures that are required or protected under” Sarbanes-Oxley or other specified laws, §78u–6(h)(1)(A)(iii). Sarbanes-Oxley’s anti-retaliation provision contains an administrative-exhaustion requirement and a 180-day administrative complaint-filing deadline, see 18 U. S. C. §1514A(b)(1)(A), (2)(D), whereas Dodd-Frank permits a whistleblower to sue an employer directly in federal district court, with a default six-year limitation period, see §78u–6(h)(1)(B)(i), (iii)(I)(aa): The judgment of the Court of Appeals for the Ninth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.

Federal Court of Appeal

  • [COPYRIGHT] Bell Canada v. Lackman – 2018 FCA 42: The appellants Bell Canada, Bell Expressvu Limited Partnership, Bell Media Inc., Vidéotron S.E.N.C., Groupe TVA Inc., Rogers Communications Canada Inc. and Rogers Media Inc. (the appellants) are appealing the order of Justice Bell of the Federal Court (the Judge) dated June 29, 2017 (Justice Bell’s Order or Reasons), whereby he vacated the Anton Piller order granted by Justice LeBlanc on June 9, 2017 (Justice LeBlanc’s Order) and dismissed the appellants’ motion for an interlocutory injunction. In the underlying action, the appellants alleged that Adam Lackman (the respondent) infringed copyright by communicating and making available to the public the appellants’ programs, and by inducing and/or authorizing users of infringing add-ons to initiate acts of infringement through the business it operates under the name TVAddons.ag (TVAddons or the TVAddons website): appeal allowed with costs.

Senate of Canada

CRTC

  • Broadcasting Decisions
    • Broadcasting Decision CRTC 2018-76: APPROVED – TVA Group Inc. – Québec, Quebec – Application to change the authorized contours of the television station CFCM-DT Québec
    • Broadcasting Decision CRTC 2018-72: APPROVED – CNV TV Inc. – Across Canada – Application to revoke the broadcasting licence for the national, English-language specialty Category B service CNV TV – Channel New Victory
    • Broadcasting Decision CRTC 2018-71: APPROVED – 2358563 Ontario Inc. – Across Canada – Application to revoke the broadcasting licence for the national, niche third-language ethnic specialty Category B service Hindi Children Channel
    • Broadcasting Decision CRTC 2018-70: APPROVED – Clovys TV inc. – Across Canada – Application to revoke the broadcasting licence for the national, French-language specialty Category B service Chaîne de Divertissement Clovys Entertainment Channel
  • Telecom Decision
    • Telecom Decision CRTC 2018-79: CISC Emergency Services Working Group – Consensus report ESRE0077 regarding cybersecurity best practices for public safety answering points in a Canadian 9-1-1 ecosystem – Public record: 8621-C12-01/08
  • Telecom Orders
    • Telecom Order CRTC 2018-77: Determination of costs award with respect to the participation of the Public Interest Advocacy Centre in the proceeding initiated by TELUS Communications Inc. regarding forbearance from the regulation of Pay Telephone Access Line Service – File numbers: 8640-T66-201608606 and 4754-541
    • Telecom Order CRTC 2018-75: Determination of costs award with respect to the participation of the Public Interest Advocacy Centre in the proceeding initiated by Bell Canada regarding forbearance from the regulation of Pay Telephone Basic Access Line Service – File numbers: 8640-B2-201606534 and 4754-540
    • Telecom Order CRTC 2018-74: Determination of costs award with respect to the participation of the Public Interest Advocacy Centre in the proceeding that led to Telecom Decision 2018-18 – File numbers: 8640-B2-201702200 and 4754-580
    • Telecom Order CRTC 2018-73: Streamlined Order – The Commission approves on an interim basis the following tariff application: IXICA Communications Inc. TN 3 and TN 3A
    • Telecom Order CRTC 2018-69: Determination of Costs Award Determination of costs award with respect to the participation of the Association of Community Organizations for Reform Now Canada, the National Pensioners Federation, and the Public Interest Advocacy Centre in the proceeding that led to Telecom Decision 2018-31 – File numbers: 8662-P8-201702853 and 4754-567
  • Broadcasting Regulatory Policy

Office of the Privacy Commissioner of Canada

Canadian Intellectual Property Office

  • #ExportYourIP Twitter chat: Protecting your IP abroad: Are you planning on doing business abroad? Join us for our #ExportYourIP Twitter chat with the Canadian Trade Commissioner Service on March 13, 2018 from noon to 1 p.m. (EDT). Your intellectual property (IP) is a valuable asset that can support your business expansion abroad. We will discuss the importance of protecting your IP internationally and the best practices when dealing with the United States (U.S.), China, India, and the European Union (EU).

Competition Bureau Canada

Global Affairs Canada

Innovation, Science and Economic Development Canada

  • Government announces funding for digital skills training to help more Canadians get online: Digital skills are critical to participation in today’s society, whether for booking a medical appointment, banking safely, studying or looking for a job. Learning these skills and understanding technologies will enhance the amount of information and number of online resources that Canadians can access, which are essential for participating in today’s digital world.

Microsoft

Facebook

Upcoming Events

Senate of Canada

Canadian House of Commons

CRTC

  • Anticipated releases for the week of 26 February to 2 March 2018
    • The CRTC is not planning on issuing any decisions and/or regulatory policies in the coming week. This is subject to change without notice.

Parks Canada

 

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