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Communications Governance Observatory

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  4. Weekly News (Jan 15th-21st)

Weekly News (Jan 15th-21st)

Posted on January 22, 2018
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Communications Governance in the News

Compiled by Charnjot Shokar

Research Assistant, Communications Governance Lab

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

photo of debate

Canadian News: Jan. 15-21, 2018

  • [ELECTION COMMUNICATION] Researchers raise concerns as Twitter, Facebook say they would welcome role in Canadian election debates (Star)
  • [ANTITRUST] Supreme Court ruling makes need for Competition Act reform urgent (National Post)
  • [PRIVACY] Data exchange with U.S. fuelling Canadian visa scrutiny (Star)
  • [FREEDOM OF EXPRESSION] Judge reserves decision on appeal by Sask. nurse fined for Facebook comments (Global News)
  • [BROADCAST POLICY] Revers important pour TVA Sports devant le CRTC (La Presse) (CARTT story – subscription)
  • [PRIVACY] Your kids need to understand social media’s risks, Canada’s privacy watchdog says (Star)
  • [PUBLIC BROADCASTING] CBC president job posting re-opened to search for candidates living abroad (iPolitics)
  • [COMPUTER CRIME] Former McGuinty chief of staff found guilty of deleting documents in wake of power plants cancellation (Star)
  • [COMPUTER CRIME / PRIVACY] Police say this Thornhill man sold access to 3 billion pieces of stolen digital information. He was in court Monday on rare criminal charges (Star)
  • [FREEDOM OF INFORMATION] Police in Saskatchewan busy dealing with freedom of information requests (National Post)
  • [TELECOM] More Rogers employees come forward, revealing how they say they’re coached to upsell you (CBC)
  • [TELECOM] Rogers’ prepaid balance change sparks customer anger (Star)

International News: Jan. 15-21, 2018

  • [SURVEILLANCE] Senate approves bill to reauthorize foreign surveillance programs (The Hill)
  • [SURVEILLANCE] Tweak in foreign surveillance bill may not change much (NYT)
  • [NET NEUTRALITY] The Senate’s push to overrule the FCC on net neutrality now has 50 votes, Democrats say (Washington Post)
  • [NET NEUTRALITY] Net neutrality advocates look to states after FCC repeal (Hill)
  • [BROADBAND] FCC won’t redefine ‘broadband;’ move could have worsened digital divide (Wired)
  • [SOCIAL MEDIA GOVERNANCE] Facebook to let users rank credibility of news (NYT)
  • [PRIVACY] Apple health data used in murder trial (BBC)
  • [INTELLECTUAL PROPERTY / TELECOM] China criticizes US moves on intellectual property, telecoms (ABC)
  • [SOCIAL MEDIA GOVERNANCE] Facebook loses its field commander in China (WSJ – subscriber access)

Press Releases and Decisions: Jan. 15-21

Supreme Court of Canada

  • [INTELLECTUAL PROPERTY] Vancouver Career College (Burnaby) Inc., dba Vancouver Career College, also dba CDI College, also dba Vancouver College of Art and Design also dba Eminata Group v. Vancouver Community College(B.C.) (Civil) (By Leave) (37498) Intellectual property – Trade-marks – Confusion – Respondent bringing passing off action against applicant with respect to its trademarked name and acronym – In a passing off action concerning online activity, is the element of confusion to be assessed solely when an array of search results are presented to an internet user, or when the user actually visits a defendant’s website? – Does this Court’s holding in Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27 concerning “first impressions”, as applied to the internet search context, mean first impressions of the internet search results showing a defendant’s domain name, or first impressions of the defendant’s actual website? The application for leave to appeal is dismissed with costs
  • [DEFAMATION] Ville de Québec c. Association des pompiers professionnels de Québec Inc.(Qc) (Civile) (Autorisation) (37691) Labour relations — Grievances — Defamation — Liability of municipality — Special  mandate — Elected municipal councillor serving as vice‑chair of executive council responsible for labour relations matters acquiescing in defamatory statements made by journalist against group of unionized municipal employees during collective agreement renewal period — Whether municipality is liable for individual wrongful acts of elected municipal official in circumstances like those of this case — Whether municipality, through municipal officers, can and must exercise control over actions and words of elected municipal officials, including their public statements — Whether, in collective grievance context, principles enunciated in Bou Malhab v. Diffusion Métromédia CMR inc., [2011] 1 S.C.R. 214, as regards proof of personal injury must be interpreted differently than in any other class action: The application for leave to appeal is dismissed with costs
  • [PRIVACY] The Supreme Court of Canada announced today that the following appeal and application for leave to appeal were heard on January 16, 2018: Michel Ledoux c. Sa Majesté la Reine(Qc) (Criminelle) (Autorisation) (37779) (Oral hearing on leave application / Audition de la demande d’autorisation d’appel) Criminal law — Interception of private communications — Director of police force wiretapping certain rooms in police station in response to being harassed — Self‑defence — Whether Court of Appeal erred in concluding that defence raised by applicant was defence of mistake of law, not mistake of fact — Whether Court of Appeal erred in concluding that trial judge had erred in law by leaving self‑defence to jury: Dismissed
  • [PRIVACY] The Supreme Court of Canada announced today that the following appeal was heard on January 17, 2018: Her Majesty the Queen in Right of British Columbia v. Philip Morris International, Inc.(B.C.) (Civil) (By Leave) (37524) Legislation – Interpretation – Civil procedure – Discovery – Evidence – Case management judge ordering production of anonymized individual-level data from provincial health databases – Did the British Columbia Courts err in ordering, notwithstanding the privacy protections of the  Tobacco Damages and Health Care Costs Recovery Act, S.B.C. 2000, c. 30, (the “Act”), production of the databases containing health care information of the residents of British Columbia – Are the health care databases either “health care records and documents of particular individual insured persons” or “documents relating to the provision of health care benefits for particular individual insured persons” and therefore not compellable under the Act – Does an order removing the names or other identifiers from the databases mean that they are no longer either “health care records and documents of particular individual insured persons” or “documents relating to the provision of health care benefits for particular individual insured persons” – Does a court have an overriding discretion, notwithstanding the privacy protections of the Act, to order production of the health care databases on the basis of “trial fairness”: Reserved

CRTC

  • [BROADCASTING] Broadcasting Decision CRTC 2018-21: APPROVED – Cowichan Valley Community Radio Society – Lake Cowichan, British Columbia – Request to revoke the broadcasting licence for the English-language, low-power community radio station CICV-FM Lake Cowichan
  • [BROADCASTING] Broadcasting Decision CRTC 2018-20: APPROVED – TELUS Communications Inc. – Kelowna, Nanaimo, Penticton, Prince George, Terrace, Vancouver (including Lower Mainland, Fraser Valley, Whistler and surrounding areas), Vernon and Victoria, British Columbia; Calgary, Edmonton (including St. Albert, Sherwood Park, Spruce Grove and Stony Plain), Fort McMurray, Grande Prairie and Red Deer, Alberta; Saint-Georges, Sept-Îles, Baie-Comeau, Gaspé, Montmagny, Sainte-Marie, Mont Tremblant and surrounding areas, Quebec; and across Canada – Applications for authority to effect a multi-step corporate reorganization resulting in the transfer of various broadcasting assets to TCI
  • [BROADCASTING] Broadcasting Decision CRTC 2018-19: APPROVED – Comité de la Radio communautaire Huronne-Wyandot inc. – Wendake, Quebec – Application for a broadcasting licence to operate a Type B Native FM radio station in Wendake
  • [BROADCASTING] Broadcasting Decision CRTC 2018-17: Final offer arbitration request by Quebecor Media Inc. regarding the distribution of TVA Sports by Bell TV
  • [BROADCASTING] Broadcasting Decision CRTC 2018-12: APPROVED – Byrnes Communications Inc. – Niagara Falls and Fort Erie, Ontario – Application for authority to acquire from Vista Radio Ltd. the assets of the English-language commercial radio stations CJED-FM Niagara Falls and CFLZ-FM Fort Erie
  • [TELECOM] Telecom Decision CRTC 2018-18: Bell Canada – Application to modify the provision of various wholesale services – Public record: 8640-B2-201702200
  • [TELECOM] Telecom Order CRTC 2018-22: Northwestel Inc. – Revision to Operation of the Yukon Mobile Radio System – Public record: Tariff Notice 1004
  • [TELECOM] Telecom Order CRTC 2018-15: Streamlined Order – The Commission approves the following tariff application: Groupe Maskatel LP, TN 71
  • [TELECOM] Telecom Order CRTC 2018-14: Streamlined Order – The Commission approves on an interim basis the ex parte application by Northwestel Inc., dated 13 December 2017 (TN 1009)
  • [TELECOM] Telecom Order CRTC 2018-13: Bell MTS – Revision to Analogue Private Line – Public record: Tariff Notice 790

Innovation, Science and Economic Development Canada

  • Rural and remote communities in coastal British Columbia will benefit from faster Internet: Through a combined investment of $45.4 million, the Government of Canada in partnership with the Government of British Columbia is bringing new or improved high-speed Internet to 154 rural and remote communities, enabling residents to get online. Of these 154 communities, 44 First Nations will benefit.

Competition Bureau Canada

  • Commissioner Pecman champions innovation in remaining months of his term: As Commissioner of Competition John Pecman nears the end of his 5-year term in June 2018, he is emphasizing the vital importance of embracing competition to create the conditions for innovation in Canada
  • Competition Bureau and Consumer Protection BC join forces to protect consumers: Today, the Competition Bureau and Consumer Protection BC signed a memorandum of understanding (MOU), which will enhance cooperation and help foster a fair and competitive marketplace for the benefit of consumers and the economy, in British Columbia and all of Canada
  • [COMPETITION POLICY] Competition Bureau takes action to strengthen competition and innovation in the travel industry: The Competition Bureau announced today that it has reached an agreement with Softvoyage Inc., a Canadian developer of travel-related software, to address concerns of abuse of dominance

Democratic Institutions

  • 2018-01-17 Minister Gould hears from stakeholders on political party leaders’ debates in Toronto: Recognizing that a well-informed, engaged electorate is fundamental to the health and well-being of our democracy, the Honourable Karina Gould, Minister of Democratic Institutions, met with a cross section of leaders from media, academia and public interest groups today in Toronto to hear their ideas for the creation of an independent commission or commissioner to organize federal political party leaders’ debates in advance of the 2019 election
  • 2018-01-15 Parliamentary Secretary Fillmore hosts first stakeholder roundtable on political party leaders’ debates in Halifax: Recognizing that a well-informed, engaged electorate is fundamental to the health and well-being of our democracy, Parliamentary Secretary Andy Fillmore, on behalf of the Honourable Karina Gould, Minister of Democratic Institutions, today met with regional leaders from media, academia and public interest groups to hear their ideas for the creation of an independent commission or commissioner to organize federal political party leaders’ debates in advance of the 2019 election

Copyright Board Canada

  • Recent Decisions
    • [COPYRIGHT] Application by the Royal Canadian Mint for the reproduction of the image of the Angel of Victory sculpture created by Cœur de Lion McCarthy
      File: 2017-UO/TI-19

      • Reasons(January 17, 2018) 
    • [COPYRIGHT] Access Copyright – Elementary and Secondary Schools (2010-2015)
      • Reasons – Reconsideration(January 19, 2018)
    • Proposed Tariffs
      • [COPYRIGHT] ARTISTI – Fixation, Reproduction and Distribution of Performances in the Form of Phonograms Tariff (2019-2021)
        • Canada Gazette, January 20, 2018

Microsoft

  • Something extraordinary happened in Washington, D.C., yesterday
  • The Future Computed: Artificial Intelligence and its role in society
  • Microsoft researchers build a bot that draws what you tell it to
  • Microsoft creates AI that can read a document and answer questions about it as well as a person

Twitter

  • Update on Twitter’s Review of the 2016 U.S. Election

Facebook

  • News Feed FYI: Helping Ensure News on Facebook is From Trusted Sources
  • Kenneth I. Chenault Joins Facebook Board of Directors

Apple

  • Apple Accelerates US Investment and Job Creation

Upcoming Events: Jan. 22-28, 2018

McMaster University

  • Communications Committee Lunch: McMaster students are invited to attend the first ever Communications Committee lunch, a place to discuss current news regarding communications governance. Topics such as privacy, freedom of expression, and access to information will be covered, using current news as the conversation catalyst. Join us at 12:30pm on Thurs., Jan. 25 2018 at the Phoenix Bar and Grill. Food will be provided!

Senate of Canada

  • The Senate sits on January 30, 2018

Canadian House of Commons

  • House reconvenes on January 29, 2018

Global Affairs Canada

  • 2018-01-19 Minister of International Trade to promote benefits of NAFTA and progressive trade in Montreal: The Honourable François-Philippe Champagne, Minister of International Trade, will deliver a keynote speech to the Montreal Metropolitan Chamber of Commerce and co-host a NAFTA roundtable with Quebec’s Minister of the Economy, Science and Innovation, Dominique Anglade, in Montreal on Monday, January 22, 2018. Media are invited to a photo and video opportunity at the NAFTA roundtable.
  • 2018-01-05 Media accreditation for round six of NAFTA renegotiationsThe sixth round of the renegotiation and modernization of the North American Free Trade Agreement (NAFTA) will take place in Montreal, Canada, from January 23 to 28, 2018
  • 2018-01-18 Ministers to meet in Montreal for round six of NAFTA renegotiations: The Honourable Chrystia Freeland, Canada’s Minister of Foreign Affairs, Ambassador Robert Lighthizer, United States Trade Representative, and Ildefonso Guajardo, Mexico’s Secretary of Economy, will meet in Montreal, Quebec, on Monday, January 29, 2018, as part of the NAFTA renegotiations.

Democratic Institutions

  • Online consultation on political party leaders’ debates Deadline: February 9, 2018
  • 2018-01-19 Parliamentary Secretary Fillmore to consult political party leaders’ debates in Winnipeg: Parliamentary Secretary Andy Fillmore, on behalf of the Honourable Karina Gould, Minister of Democratic Institutions, will be in Winnipeg on January 22, 2018, as part of the Government of Canada’s leaders’ debates consultations

CRTC

  • Anticipated releases for the week of 22 to 26 January, 2018
    • Broadcasting Decisions
      • Decisions related to the applications listed below, considered by the Commission at the 28 November 2017 hearing:
        • 2044577 Alberta Ltd.
          Application 2017-0478-4
        • Kenneth Collin Brown
          Application 2017-0437-0
      • Decisions related to the applications listed below, considered by the Commission at the 7 September 2017 hearing:
        • Vintage TV Canada Limited
          Application 2017-0028-7
        • Stingray Digital Group Inc.
          Applications 2017-0351-2, 2017-0354-6, 2017-0355-4 and 2017‑0356-2
      • Application by Quebecor Media Inc., on behalf of TVA Group Inc., regarding the condition of licence relating to the broadcast of advertising material for the French-language mainstream sports service TVA Sports
    • Telecom Decision
      • Association of Community Organizations for Reform Now Canada, the National Pensioners Federation, and the Public Interest Advocacy Centre – Application to review and vary Telecom Regulatory Policy 2016-496 regarding affordability
        Public record: 8662-P8-201702853
    • Compliance and Enforcement and Telecom Decision
      • Measures to reduce calling identification spoofing and to determine the origins of nuisance calls
        Public record: 1011-NOC2017-0004and 8665-C12-201507576
    • Open Consultations
      • [BROADCASTING] Broadcasting Notice of Consultation CRTC 2018-16: Notice of hearing 27 March 2018 – Gatineau, Québec – Deadline for submission of interventions/comments/answers: 15 February 2018
      • [BROADCAST POLICY] Broadcasting notice of consultation 2017-359-2
        Call for comments on the Governor in Council’s request for a report on future programming distribution models – New deadline for comments in the second phase of the proceeding: 13 February 2018
      • [BROADCASTING] Broadcasting Notice of Consultation CRTC 2017-429: Notice of applications received Reconsideration of the decisions relating to the licence renewals for the television services of large English-language private ownership groups – Deadline for submission of interventions/comments/answers 23 January 2018
      • [BROADCASTING] Broadcasting Notice of Consultation CRTC 2017-428: Notice of applications received Reconsideration of the decisions relating to the licence renewals for the television services of large French-language private ownership groups – Deadline for submission of interventions/comments/answers 23 January 2018
      • [TELECOM] Telecom Notice of Consultation CRTC 2018-5: Show cause proceeding and call for comments – Telecommunications service providers that have failed to become participants in the Commission for Complaints for Telecom-television Services Inc. – Deadline for submission of interventions 22 February 2018
      • [TELECOM] Telecom Notice of Consultation CRTC 2017-450: Call for comments – Review of the reseller registration obligation – Deadline for submission of interventions 30 January 2018

Innovation, Science and Economic Development Canada

  • Consultation on the Spectrum Outlook 2018 to 2022Comments (and Reply Comments) deadline for the Spectrum Outlook Consultation have been extend until Feb 16 and March 16 respectively (http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf11359.html)
  • Consultation on the Technical, Policy and Licensing Framework for Wireless Microphonescloses Jan 31 2018
  • (with Public Safety) Targeted Stakeholder Engagement on potential Implementation Models for a Public Safety Broadband Network in Canada

Parks Canada

  • Consultation: Signal Hill National Historic Site Draft Management Plan closes February 28 2018
 News

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