Published by Michael Geist
In recent years the intersection between law, technology, and policy has exploded as digital policy has become a mainstream concern in Canada and around the world. This podcast explores digital policies in conversations with people studying the legal and policy challenges, set the rules, or are experts in the field. It provides a Canadian perspective, but since the internet is global, examining international developments and Canada’s role in shaping global digital policy is be an important part of the story. Lawbytes is hosted by Michael Geist, a law professor at the University of Ottawa, where he holds the Canada Research Chair in Internet and E-commerce Law and where he is a member of the Centre for Law, Technology and Society.
Listen on Apple Podcasts46 min
The Canadian government’s surprise decision to sign the UN Cybercrime Convention has sparked many questions about the convention, its risks, and what changed over the past nine months between Canada no-showing the signing in Vietnam and this month’s reversal. To help answer those questions, there is no one better than Kate Robertson, a senior research associate at the Citizen Lab, who has been vocal on the convention since negotiations began years ago. She joins the Law Bytes podcast to discuss her concerns and how the Convention fits within the broader global political and policing frameworks.
33 min
Despite repeated studies and promises for reform, Canada’s access to information system has long been plagued by long delays, overbroad exclusions, insufficient resources, and an Information Commissioner without the resources and powers needed to fully ensure compliance. The government is currently undertaking yet another reform process as the Treasury Board has released proposed changes. They’ve left Caroline Maynard, Canada’s Information Commissioner, largely unimpressed. She is relieved the government is open to change, but warns that the approaches “lack ambition” and, more pointedly, that the review “must not become a justification for further secrecy.” Commissioner Maynard joins the Law Bytes podcast to walk through her concerns with the government’s plans and her proposals for improving Canada’s access to information law.
31 min
The government’s privacy reform bill was supposed to earn applause for its effort to modernize outdated rules and provide Canadians with stronger privacy protections. Yet the decision to strip the Privacy Commissioner of Canada of responsibility for private-sector privacy law and shift that responsibility to the Digital Safety Commission has sparked widespread concern among Canadian privacy experts. This week’s Law Bytes podcast speaks to David Loukidelis, one of Canada’s best-regarded former privacy commissioners. Loukidelis served as BC's Information and Privacy Commissioner from 1999 to 2010, where he was responsible for the enforcement of BC's Freedom of Information and Protection of Privacy Act and Personal Information Protection Act, which came into force in 2004. He joins me on the podcast to share his thoughts on the enforcement changes in the bill and what it may mean for privacy in Canada.
32 min
Earlier this month, the government shocked the culture sector by announcing it was effectively reversing the CRTC decision that implemented the Online Streaming Act. Culture Minister Marc Miller tried to cushion the blow with a promise of $600 million in support for the audio and audiovisual sectors, but there was no escaping the anger from some over abandoning a policy that had been years in the making. Mark Musselman is a former entertainment lawyer, longtime Canadian movie producer, and the author of the excellent White Paper Black Coffee Substack. He returns to the Law Bytes podcast to discuss the reversal, the stakeholder reaction, and the challenges that lie ahead.
28 min
Bill C-34, the Safe Social Media Act, has quickly become a lightning rod for debate since its introduction earlier this month. The issue that invariably tops the list is the kids’ social media ban. Bill C-34, along with the recently introduced Bill C-36, will be covered from multiple angles in the weeks ahead. For the moment, I am pleased to rebroadcast a recent episode of the Globe and Mail’s The Decibel podcast. I was invited to appear on the program, where I was interviewed by Sherrill Sutherland about Bill C-34, the ban, and online harms and safety more broadly. I am grateful to the Globe for granting permission to rebroadcast the episode on my podcast uncut, in its entirety.
35 min
The release of the government’s AI strategy has sparked a wide range of reactions and a flurry of additional legislative initiatives. While the legislative side is being fleshed out, the debate over the broader strategy remains, including whether it features sufficient safeguards and enough ambition. To address the latter issue, Lucy Hargreaves, the Co-Founder and CEO of Build Canada, joins the Law Bytes podcast to assess the strategy, some of the remaining challenges, and discuss how Canada can “work to build AI companies the world can’t live without.”
18 min
In the span of a few days last week, the government announced it was reversing the CRTC’s Online Streaming Act ruling, released its long-awaited national AI strategy, and kept pushing Bill C-22, the lawful access bill, through committee. Given that this may have been the most eventful week in Canadian digital policy in years, this week’s Law Bytes podcast takes a breath and brings everyone up to speed on the latest developments.
28 min
Over the past week, the concerns over Bill C-22, the government’s lawful access bill, continued to mount. Many companies, notably including Apple, Google, Meta, Signal, and DuckDuckGo, have spoken out against the bill. So too has the VPN sector, with some warning that they can’t remain in Canada if the bill goes ahead as is. This week, the CEOs of two of the companies that have spoken out against Bill C-22 join the Law Bytes podcast to explain. Avery Pennerun, the CEO of Tailscale, and Yegor Sak, the CEO of Windscribe, explain their businesses, discuss concerns about mandatory metadata retention and backdoor access to encryption, and consider what the law might mean for the future of their companies in Canada.
33 min
The government’s lawful access bill has been the target of criticism for weeks, with companies, governments, and experts on privacy and security all sounding the alarm. Much of the momentum against the bill began to build once the Standing Committee on Public Safety and National Security held hearings on the legislation, providing an opportunity for critics to voice their concerns. Those hearings continue this week with both Google and Apple scheduled to appear. For this episode of the Law Bytes podcast, I go into the hearing room for my appearance on Bill C-22. The appearance was a rerun of the podcast episode featuring a roundtable on the bill with David Fraser and Robert Diab. This episode starts with my opening statement and follows with exchanges with MPs from all parties on a wide range of issues.
47 min
The question of children’s social media and AI chatbot ban has emerged as one of the most talked-about digital policy issues in recent memory. Premiers, the Liberal convention, and the media have all jumped on board. But has the debate been driven by misinformation, leading to a moral panic? Dr. Sara Grimes has been working on children’s rights and digital policy for over twenty years. As the Wolfe Chair in Scientific and Technological Literacy and a Full Professor in the Department of Art History and Communication Studies at McGill University, she brings a unique perspective to the issue, having applied a children’s rights lens to areas such as social media regulation and age verification technologies. She joins the Law Bytes podcast to discuss her work and perspectives on the hot digital issue of the moment.
35 min
The recent announcement that Rogers is offering buyouts to half of its workforce is just the tip of the iceberg in a series of developments involving one of Canada’s dominant communications companies. It has seen rising consumer complaints, is cutting capital expenditures, increasingly pivoting towards sports and media, and is now looking to cut its workforce dramatically. Three years after the Rogers-Shaw merger, is this simply the predicted outcome of allowing that merger to go through? To help assess what is happening, Peter Nowak, a veteran telecom journalist, joins the Law Bytes podcast. Peter has covered the industry, worked in the industry and now publishes “Do Not Pass Go”, a regular newsletter and a podcast focused on competition, monopoly, and corporate concentration in Canada.
43 min
Just over a month ago, the Ford government tabled Bill 97, an omnibus bill with provisions fundamentally restructuring Ontario's access to information system. Information and Privacy Commissioner Patricia Kosseim responded with alarm, but the government rushed ahead with no hearings or public debate. The most significant rewrite of Ontario's access to information regime in nearly forty years became law within weeks. Justin Safayeni, a partner at Stockwoods LLP in Toronto, is one of Canada's leading practitioners in access to information and media law. He joins me on the Law Bytes podcast to make sense of what just happened and what comes next.
34 min
In a year in which AI has truly dominated much of the news cycle, the story of Anthropic’s Mythos may be the biggest story of them all. A version of the popular Claude AI service is reportedly so powerful that the company can’t release it to the public yet. As governments race to meet with company officials, there are serious cybersecurity risks, prompting many leading software companies to join a new working group to get ahead of the issue before the AI model is publicly released. Jason Millar is a colleague at the University of Ottawa, where he holds the Canada Research Chair in the Ethical Engineering of Robotics and Artificial Intelligence. He joins the Law Bytes podcast to talk about Anthropic’s Mythos, the AI governance challenges, the importance of distinguishing between AI security and AI safety, and what governments should be doing to address this latest AI challenge. Show Notes: ABC News, Cybersecurity Concerns About Anthropic’s ‘Claude Mythos’ Explained, April 9, 2026
41 min
“Chilling effects” is a term people hear all the time: in court rulings, in debates over content moderation, in dealing with online harms, or in news coverage of surveillance and legal reforms. The focus is typically on how legal rules may make speaking out more challenging, risky, or even dangerous. But what if our understanding of chilling effects actually understates the issue? Jon Penney is a law professor at Osgoode Hall Law School in Toronto and the author of a new book from Cambridge University Press titled Chilling Effects: Repression, Conformity, and Power in the Digital Age. The book forces us to rethink chilling effects with significant implications for a wide range of digital public policies. Jon joins the Law Bytes podcast to discuss the book and what his findings mean for future legal and regulatory reforms.
58 min
Lawful access is back. The decades-long battle has entered a new phase with the introduction of Bill C-22, the Lawful Access Act. This bill follows last spring’s attempt to bury lawful access provisions in Bill C-2, a border measures bill. The latest bill covers the two main aspects of lawful access: law enforcement access to personal information held by communication service providers such as ISPs and wireless providers, and the development of surveillance and monitoring capabilities within Canadian networks. To discuss the latest iteration of lawful access, I’m joined on the Law Bytes podcast by David Fraser and Robert Diab for a roundtable discussion of the key elements of the proposed legislation. David is one of Canada’s leading privacy lawyers and a partner with McInness Cooper in Halifax, and Robert is a law professor at Thompson Rivers University in BC and the co-author of a book on search and seizure law.
42 min
What are the limits of using AI to help run a legal practice? There is much discussion about what an AI future might look like, but with the rapid development of AI tools, the future may be now. The hot AI service of the moment is Claude AI, which targets various verticals, including software development and legal services. Zack Shapiro is a New York lawyer and the founder of the Rains law firm. He is a Yale Law School grad who clerked in the U.S. federal courts and practiced at Davis Polk in New York. In a trio of recent articles, he draws on his own experience to argue that the general-purpose AI service is already sufficiently powerful to have a transformative effect on legal practice. He joins the Law Bytes podcast to discuss how he did it and what it might mean for the future of legal services. This episode is part of a series of Law Bytes episodes accredited by the Law Society of Ontario for continuing legal education Professionalism Hours. The program contains 45 minutes of Professionalism Content.
32 min
Age verification, estimation or inference is seemingly all the rage right now. Vendors are promoting it as the solution to thorny challenges to limit access to certain sites and services and politicians are eager to legislate in that direction, including in Canada with Bill S-209. Hundreds of scientists and technology experts from around the world have taken note of the trend and come together to issue a public letter warning about the privacy, safety and discrimination risks associated with these technologies. Ian Goldberg, who holds the Canada Research Chair in Privacy Enhancing Technologies at the University of Waterloo, was one of the signatories. Ian has long been engaged at the intersection between technology and privacy and joins the Law Bytes podcast to discuss the age assurance technologies, how privacy enhancing technologies could address some of the concerns, and the risks with current legislative approaches.
44 min
Last spring, the government quietly inserted provisions that exempt political parties from the application of privacy protections in Bill C-4, an “affordability measures” bill. The government barely acknowledged the provision in its the study of the bill at the House of Commons and refused to even hear witnesses on the issue. The Senate didn’t play along however. It conducted hearings on the privacy rules and the Senators didn’t like what they heard, amending the bill by including a sunset clause on the privacy provisions that gives that the government three years to come up with something better. The bill heads back to the House of Commons, where the government can either accept the change and have the bill pass or reject the change and send it back again to the Senate. This Law Bytes podcast episode tells the story of what the Senate heard on Bill C-4. It is what the government did not want Canadians to hear and would prefer to ignore altogether. There were witnesses from advocacy groups, but the episode focuses on testimony from privacy commissioners (current and former) along with Elections Canada leadership.
21 min
Over the past ten days, Canada has witnessed one of the fastest-moving technology policy debates in recent memory. What began as reporting about a tragic act of violence – the shootings in Tumbler Ridge, BC - quickly evolved into questions about AI safety, corporate responsibility, police reporting obligations, and now potential AI regulation. This week’s Law Bytes podcast is a bit different from the norm. Building off my Globe and Mail op-ed, I walk through what has happened thus far, examine the potential policy responses, and explain why both the Online Harms Act and current AI legislative models are poorly suited to this problem, and argue that Canada instead needs to start thinking seriously instead about an AI Transparency Act.
38 min
The Law Bytes Podcast, Episode 258: Jaxson Khan With an Insider Perspective on AI Policy Development in Canada Earlier this month, the government quietly released a “what we heard” report this discussing the response to its 30-day sprint AI consultation from last October. The consultation was promoted as giving Canadians – including a 28 person expert advisory board – the chance to provide their views on AI as the AI Minister Evan Solomon works toward a national AI strategy. The consultation garnered some criticism for its speed and missing perspectives on the expert panel. More recently on the use of AI to assess the results have sparked further doubts about it. Jaxson Khan is the CEO and Founder of Aperature AI and a Senior Fellow at the Munk School of Global Affairs and Public Policy at the University of Toronto. But before that, he served as Senior Policy Advisor the Minister of Innovation Science and Industry, where AI was one of his lead responsibilities. Jaxson joins the Law Bytes podcast to provide an insider perspective on AI policy development along with his thoughts on the AI consultation and its results.
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