Michael Geist

Last updated

Michael Geist
Michael Geist headshot.JPG
Michael Geist in October 2007
Born
Michael Allen Geist

(1968-07-11) July 11, 1968 (age 55)
NationalityCanadian
Education University of Western Ontario, Osgoode Hall Law School, Cambridge University and the Columbia Law School
Occupation(s)Academic and Canada Research Chair
Employer University of Ottawa
Website michaelgeist.ca

Michael Allen Geist is a Canadian academic, and the Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa. He is the editor of four books on copyright law and privacy law, [1] and he edits two newsletters on Canadian information technology and privacy law. [2]

Contents

Geist writes syndicated columns for some of Canada's largest newspapers, including the Globe and Mail, the Ottawa Citizen and the Toronto Star. [3] His blog on the Internet and intellectual property law is a three-time Best Canadian Law Blog winner. [3]

Geist was named one of Canada's Top 40 Under 40 in 2002, [4] and Canadian Lawyer magazine identified Geist as one of the country's 25 most influential lawyers. [3] He has been listed globally as one of the top fifty influential people in regard to intellectual property by Managing Intellectual Property. [5] Geist has received the Electronic Frontier Foundation's EFF Pioneer Award, and the Public Knowledge IP3 Award, regarded as two of the top digital rights awards in the world. [3]

All Geist's books and articles are published under Creative Commons or open access licences. [3]

Education

Michael Geist attended the University of Western Ontario, and Osgoode Hall Law School at York University where he earned a Bachelor of Laws (LL.B.) degree. He obtained a Master of Laws (LL.M.) from the University of Cambridge, and a Master of Laws (LL.M.) degree and Doctorate in Law (J.S.D.) from Columbia Law School. [6]

Career

Michael Geist joined the Faculty of Law at the University of Ottawa in 1998, and was promoted to full professor in 2012. [6] He has held visiting positions at the University of Haifa, Hong Kong University and Tel Aviv University. Geist is a Former Senior Fellow at the Centre for International Governance Innovation, [7] and is a member of the University of Ottawa's Centre for Law, Technology and Society. [6]

In addition to professional journal publications, Geist is the author of Internet Law in Canada, 3rd Edition, and has edited four books on copyright law and privacy law in Canada. [8] Geist is author of a popular blog on the Internet and intellectual property law, [3] [9] and author of the "Law Bytes" podcast. [10]

Geist has served on numerous boards and advisory panels, including the board of Ingenium: Canada's Museums of Science and Innovation; [11] the board of Internet Archive Canada; [12] [13] the Electronic Frontier Foundation Advisory Board; [14] the Canadian Legal Information Institute Board of Directors; [15] the Privacy Commissioner of Canada's Expert Advisory Board; [15] the Information Program Sub-Board of the Open Society Institute; [15] and Waterfront Toronto's Digital Strategy Advisory Panel. [16]

Geist supports a consumer-oriented approach to copyright law, and he led the public response to proposed legislation in 2007. [17] Geist's research "played a key role in influencing policy-makers during the enactment of Bill C-11, which modernized the Copyright Act of Canada for the digital age." [3] His work has been cited in several Supreme Court of Canada copyright decisions. [3]

According to Geist, proposed Canadian legislation in 2007 included the worst aspects of the 1998 U.S. Digital Millennium Copyright Act (DCMA) "with strong anti-circumvention legislation — far beyond what is needed to comply with the WIPO Internet treaties" and with no protection for "flexible fair dealing. No parody exception. No time shifting exception. No device shifting exception. No expanded backup provision. Nothing." [18]

Geist has continued to play a prominent role on copyright in Canada, with numerous articles, [19] speeches, [20] books, [21] and appearances before House of Commons and Senate committees. [22] In October 2011, when the Canadian government attempted to pass a new bill on copyright reform which included digital lock rules, Geist argued that, based on former submissions to the government on Bill C-32 and the 2009 national copyright consultation, the bill was too restrictive and was primarily about satisfying U.S. pressure, not public opinion." [23] [24] [25]

Trade: ACTA, the TPP and USMCA

Geist is considered an expert on intellectual property and digital trade issues associated with trade agreements. [26] He played a key role in the failed international Anti-Counterfeiting Trade Agreement (ACTA), criticizing the ACTA negotiation process for lack of transparency, and warning of possible negative consequences for Internet users. [27] [28] He was similarly active in assessing the implications of the Trans-Pacific Partnership [29] and reforms to the North American Free Trade Agreement (NAFTA), later called the United States-Mexico-Canada Agreement (USMCA) [30] in the United States or CUSMA in Canada. [31]

Telecom: Usage-based billing and Net Neutrality

In 2011, Geist criticized the Canadian Radio-television and Telecommunications Commission's (CRTC) history of inability to foster an atmosphere of competition that would allow third-party internet service providers (ISPs) to gain a foothold in the Canadian market. He did note, with the CRTC's usage based oral hearing on July 19, 2011, that they were making efforts to address this lack of competition and criticized Bell Canada and other major companies for their involvement in limiting smaller ISPs. [32] Also in 2011, he wrote a report on the transport costs of a gigabyte for a Canadian consumer from an ISP and concluded it was roughly eight cents per gigabyte. This report was later denounced by the major ISPs, most notably Bell Canada. [33] [34]

Geist has been a vocal supporter of net neutrality in Canada, writing widely on the subject [35] and frequently discussing the issue in the mainstream media. [36] In 2017, he appeared before the House of Commons Standing Committee on Access to Information, Privacy and Ethics to explain his key concerns to Members of Parliament. [37]

Privacy

Geist has regularly appeared before House of Commons committees to discuss privacy protection and potential reforms. [38] He is the editor of the Canadian Privacy Law Review and served on the Privacy Commissioner of Canada's Expert Advisory Board. [39] He is the editor of the 2015 book, Law, Privacy and Surveillance in Canada in the Post-Snowden Era.

Website blocking

In 2018, Geist opposed a proposal to establish a website-blocking system in Canada to be overseen by the Canadian Radio-television and Telecommunications Commission. [40] [41] He wrote dozens of widely cited posts on concerns with the proposal. [42] The CRTC rejected the proposal on jurisdictional grounds in October 2018. [43]

The Online Streaming Act (Bill C-11)

Geist criticized the Online Streaming Act (Bill C-11) because it could limit consumer choice if imposing restrictions causes streaming platforms to charge more, or pull out of Canada. Also, altering how discovery works would be detrimental to content creators. [44] He said the government, through its regulator the Canadian Radio-television and Telecommunications Commission (CRTC), "gets to determine what gets prioritized…It's going to make choices – elevating some and deprioritizing others. That clearly has an impact on individual Canadians' expressive rights." [45] [46]

The Online News Act (Bill C-18)

Geist expressed three major concerns with the Online News Act, Bill C-18. He opposes, in principle, requiring payment for links, indexing, and any other mechanism to facilitate access to news because of "the harm to freedom of expression and the free flow of information online". [47] Also, the Act would only apply to Google and Meta platforms, leaving out similar companies such as X (formerly Twitter), Apple, Microsoft, and generative artificial intelligence companies, such as OpenAI. [48]

Further, the definition of eligible news businesses was expanded, and goes beyond the standards established under the Income Tax Act which govern Qualified Canadian Journalism Organizations. As a result, Geist said "the bill would require payments to broadcasters without any actual journalism or original news content. That isn't funding for journalism or journalists. It is creating a subsidy program that only requires a CRTC-issued licence." [47] [49]

Books

Awards and recognition

Related Research Articles

<span class="mw-page-title-main">Copyright law of Canada</span>

The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867.

The National Do Not Call List (DNCL) is a list administered by the Canadian Radio-television and Telecommunications Commission (CRTC) that enables residents of Canada to decide whether or not to receive telemarketing calls. It was first announced by the Government of Canada on 13 December 2004.

<span class="mw-page-title-main">Open Rights Group</span> UK digital rights advocacy group

The Open Rights Group (ORG) is a UK-based organisation that works to preserve digital rights and freedoms by campaigning on digital rights issues and by fostering a community of grassroots activists. It campaigns on numerous issues including mass surveillance, internet filtering and censorship, and intellectual property rights.

In Canada, appeals by the judiciary to community standards and the public interest are the ultimate determinants of which forms of expression may legally be published, broadcast, or otherwise publicly disseminated. Other public organisations with the authority to censor include some tribunals and courts under provincial human rights laws, and the Canadian Radio-television and Telecommunications Commission, along with self-policing associations of private corporations such as the Canadian Association of Broadcasters and the Canadian Broadcast Standards Council.

File sharing in Canada relates to the distribution of digital media in that country. Canada had the greatest number of file sharers by percentage of population in the world according to a 2004 report by the OECD. In 2009 however it was found that Canada had only the tenth greatest number of copyright infringements in the world according to a report by BayTSP, a U.S. anti-piracy company.

<i>Broadcasting Act</i> (Canada)

The Broadcasting Act, given royal assent on 1 February 1991, is an act of the Parliament of Canada regarding broadcasting of telecommunications in the country.

<span class="mw-page-title-main">Jessica Litman</span>

Jessica Litman is a leading intellectual property scholar. She has been ranked as one of the most-cited U.S. law professors in the field of intellectual property/cyberlaw.

Konrad Winrich Graf Finck von Finckenstein, is a Canadian public servant who has worked in the areas of trade, commercial, competition and communications law. He was appointed to the Order of Canada in 2022.

<span class="mw-page-title-main">Internet in Canada</span> Overview of the Internet in Canada

Canada ranks as the 21st in the world for Internet usage with 31.77 million users as of July 2016 (est), making up 89.8% of the population. According to Harvard researchers, Canada has some of the lowest internet standards among OECD countries, as a result of high costs and slow internet speeds.

An Act to amend the Copyright Act was a bill tabled in 2008 during the second session of the 39th Canadian Parliament by Minister of Industry Jim Prentice. The bill died on the Order Paper when the 39th Parliament was dissolved prematurely and an election was called on September 7, 2008. The Conservative Party of Canada promised in its 2008 election platform to re-introduce a bill containing the content of C-61 if re-elected.

The Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC) is a legal clinic at the University of Ottawa focused on maintaining fair and balanced policy making in Canada related to technology. Founded in the fall of 2003 by Michael Geist, its headquarters is at the University of Ottawa Faculty of Law, Common Law Section.

<span class="mw-page-title-main">Anti-Counterfeiting Trade Agreement</span> Treaty on intellectual property

The Anti-Counterfeiting Trade Agreement (ACTA) is a multilateral treaty for the purpose of establishing international standards for intellectual property rights enforcement that did not enter into force. The agreement aims to establish an international legal framework for targeting counterfeit goods, generic medicines and copyright infringement on the Internet, and would create a new governing body outside existing forums, such as the World Trade Organization, the World Intellectual Property Organization, and the United Nations.

Net neutrality in Canada is a debated issue, but not to the degree of partisanship in other nations, such as the United States, in part because of its federal regulatory structure and pre-existing supportive laws that were enacted decades before the debate arose. In Canada, Internet service providers (ISPs) generally provide Internet service in a neutral manner. Some notable incidents otherwise have included Bell Canada's throttling of certain protocols and Telus's censorship of a specific website critical of the company.

<span class="mw-page-title-main">Pirate Party of Canada</span> Political party in Canada

The Pirate Party of Canada was a minor party in federal Canadian politics. Founded in 2009, the party officially registered with Elections Canada in 2010. The PPCA is modelled on the Swedish Pirate Party and advocates intellectual property reform, privacy protection, network neutrality and greater government openness. No member of the party has been elected to Parliament. The party officially deregistered on November 30, 2017.

An Act to amend the Copyright Act was a bill tabled on June 2, 2010 during the third session of the 40th Canadian Parliament by Minister of Industry Tony Clement and by Minister of Canadian Heritage James Moore. This bill served as the successor to the previously proposed but short-lived Bill C-61 in 2008 and sought to tighten Canadian copyright laws. In March 2011, the 40th Canadian Parliament was dissolved, with all the bills which did not pass by that point automatically becoming dead.

The Center for Copyright Information (CCI) is an American organization focused on advocacy and initiatives in support of copyright law. The CCI aims to educate the public about copyright law; coordinates with copyright owners and Internet service providers (ISPs) about issues related to online copyright infringement; assists with the design, implementation, review, and promotion of an online infringement notification and mitigation system ; collects and disseminates online infringement data; and promotes lawful means of obtaining copyrighted works. The organization was created as a partnership between industry associations, including the Motion Picture Association of America, the Recording Industry Association of America, and five major American Internet service providers.

<span class="mw-page-title-main">Eric Goldman</span> American law professor

Eric Goldman is a law professor at Santa Clara University School of Law. He also co-directs the law school's High Tech Law Institute and co-supervises the law school's Privacy Law Certificate.

<i>Copyright Modernization Act</i> 2012 Canadian law

An Act to amend the Copyright Act, also known as Bill C-11 or the Copyright Modernization Act, was introduced in the House of Commons of Canada on September 29, 2011 by Industry Minister Christian Paradis. It was virtually identical to the government's previous attempt to amend the Copyright Act, Bill C-32. Despite receiving unanimous opposition from all other parties, the Conservative Party of Canada was able to pass the bill due to their majority government. The bill received Royal Assent on June 29, 2012 becoming the first update to the Copyright Act since 1997.

<i>Twentieth Century Fox Film Corp. v. iCraveTV</i>

Twentieth Century Fox Film Corp v. iCraveTV, 2000 WL 255989, was a court case in the United States District Court for the Western District of Pennsylvania which enjoined iCraveTV, a Canadian TV streaming website, from operating within the US after finding it in violation of 20th Century Fox's, and several other motion picture studios and television networks, copyrights and trademarks. Granted February 8, 2000, this injunction, along with continued legal pressure, led to the iCraveTV's demise just 3 months after its debut. As of March 28, 2019, the library is included due to Disney's acquisition of 21st Century Fox.

<i>Online Streaming Act</i> Canadian federal legislation

The Online Streaming Act, commonly known as Bill C-11, is a bill introduced in the 44th Canadian Parliament. It was first introduced on November 3, 2020, by Minister of Canadian Heritage Steven Guilbeault during the second session of the 43rd Canadian Parliament as An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, commonly known as Bill C-10, which passed in the House of Commons on June 22, 2021, but failed to pass the Senate before Parliament was dissolved for a federal election. It was reintroduced with amendments as the Online Streaming Act during the first session of the 44th Canadian Parliament in February 2022, passed in the House of Commons on June 21, 2022, and passed in the Senate on February 2, 2023. It received royal assent on April 27, 2023, after the consideration of amendments by the House.

References

  1. ↑ "Michael Geist, Books".
  2. ↑ "Michael Geist, Newsletters".
  3. 1 2 3 4 5 6 7 8 9 10 "Connection Award Winner: Michael Geist". Government of Canada: Social Sciences and Humanities Research Council.
  4. 1 2 Canada’s Top 40 Under 40 Archived September 5, 2011, at the Wayback Machine
  5. 1 2 "Meet the 50 Most Influential People in IP", Managing Intellectual Property, July 1, 2010
  6. 1 2 3 "About". michaelgeist.ca. Michael Geist. Retrieved October 29, 2018.
  7. ↑ "Michael Geist". Centre for International Governance Innovation.
  8. ↑ "Books, Michael Geist".
  9. ↑ "Blog, Michael Geist". Michael Geist.
  10. ↑ "Podcast, Michael Geist".
  11. ↑ "Board of Trustees: Biography" (PDF). Ingenium: Canada's Museums of Science and Innovation.
  12. ↑ "Federal Corporation Information - 435509-1 - Online Filing Centre - Corporations Canada - Corporations - Innovation, Science and Economic Development Canada". www.ic.gc.ca. Retrieved October 29, 2018.
  13. ↑ Geist, Michael (January 24, 2017). "The trouble for Canadian digital policy in an 'America first' world"". The Globe and Mail.
  14. ↑ "Advisory Board". Electronic Frontier Foundation. September 25, 2007. Retrieved October 29, 2018.
  15. 1 2 3 "Michael Geist". The Tyee.
  16. ↑ "Waterfront Toronto DSAP Biography" (PDF).
  17. ↑ Beltrame, Julian (December 11, 2007). "Ottawa appears to delay tabling copyright amendment". The Globe and Mail. Retrieved December 24, 2007.
  18. ↑ Ingram, Matthew (December 9, 2007). "New copyright law starts Web storm". The Globe and Mail. Retrieved December 24, 2007.
  19. ↑ "After Supreme Court decision, Ottawa must fix flaws in Canada's copyright system" . Retrieved October 29, 2018.
  20. ↑ Michael Geist (May 30, 2018), Separating Fact from Fiction: The Reality of Canadian Copyright, Fair Dealing and Education, archived from the original on December 21, 2021, retrieved October 29, 2018
  21. ↑ "The Copyright Pentalogy" . Retrieved October 29, 2018.
  22. ↑ "Evidence - CHPC (40-3) - No. 3 - House of Commons of Canada" . Retrieved October 29, 2018.
  23. ↑ The Daily Digital Lock Dissenter
  24. ↑ Geist, Michael (October 1, 2011). "Why Canada's New Copyright Bill Remains Flawed". Toronto Star.
  25. ↑ "Clearing Up the Copyright Confusion: Fair Dealing and Bill C-32" by Michael Geist, December 2010 Archived April 25, 2012, at the Wayback Machine
  26. ↑ Juha Saarinen: Q & ACTA, with Michael Geist. A brief chat with a global expert on the ACTA treaty. ITnews.com.au, April 13, 2010
  27. ↑ ACTA Posts
  28. ↑ "Dr. Michael Geist". Fulbright Canada: Foundation for Educational Exchange Between Canada and the United States of America. Retrieved August 20, 2023.
  29. ↑ "The Trouble With the TPP's Copyright Rules" (PDF).
  30. ↑ "Opinion | How the USMCA falls short on digital trade, data protection and privacy". Washington Post. Retrieved October 29, 2018.
  31. ↑ "The Canada-United States-Mexico Agreement (CUSMA)". Government of Canada. April 21, 2022. Retrieved June 22, 2022.
  32. ↑ “The Usage Based Billing Hearing Concludes: Has the CRTC Come to Competition Too Late?” by Michael Geist, July 20, 2011
  33. ↑ “What Does a Gigabyte Cost, Revisited” by Michael Geist , July 29, 2011
  34. ↑ Geist, Michael (July 29, 2011). "What Does a Gigabyte Cost, Revisited".
  35. ↑ "Canada and the U.S. stand divided at the crossroads of net neutrality" . Retrieved October 29, 2018.
  36. ↑ "Inside Bell's Push To End Net Neutrality in Canada". CANADALAND. December 4, 2017. Retrieved October 29, 2018.
  37. ↑ "The Protection of Net Neutrality in Canada, Standing Committee on Access to Information, Privacy and Ethics" (PDF).
  38. ↑ "Evidence - ETHI (42-1) - No. 52 - House of Commons of Canada" . Retrieved October 29, 2018.
  39. ↑ "Privacy Commissioner's Office renews its cutting-edge privacy research program". www.priv.gc.ca. Office of the Privacy Commissioner of Canada. March 22, 2006. Retrieved October 29, 2018.
  40. ↑ "Why the CRTC should reject FairPlay's dangerous website-blocking plan" . Retrieved October 29, 2018.
  41. ↑ "Bell-led FairPlay Canada coalition responds to critics". MobileSyrup. May 17, 2018. Retrieved October 29, 2018.
  42. ↑ "site blocking Archives - Michael Geist". Michael Geist. Retrieved October 29, 2018.
  43. ↑ "CRTC rejects proposed website-blocking scheme to fight online piracy". Financial Post. October 2, 2018. Retrieved October 29, 2018.
  44. ↑ Chandler, Feleshia (December 15, 2022). "Some Canadians worried new legislation could change how they stream media". CBC News.
  45. ↑ Raman-Wilms, Menaka; Curry, Bill (June 4, 2021). "What is Bill C-10 and why are the Liberals planning to regulate the internet?". The Globe and Mail.
  46. ↑ Coyne, Andrew (May 7, 2021). "Worried the government will censor your cat videos? The rest of Bill C-10 is even worse". The Globe and Mail.
  47. 1 2 Geist, Michael (February 25, 2023). "Why Justin Trudeau is Wrong About Bill C-18 and Google's Response to Mandated Payments for Links". michaelgeist.ca.
  48. ↑ Geist, Michael (June 20, 2023). "As Government Moves to Cut Off Bill C-18 Debate, the Reality is Artificial Intelligence Renders Bill Already Out of Date".
  49. ↑ Ives, Mike (June 23, 2023). "Canada Forces Google and Facebook to Pay News Outlets for Linking to Articles: A new Canadian law will require technology companies to license news content. Facebook's owner said it would drop news from the platform". The New York Times.
  50. ↑ "Law, Privacy and Surveillance in Canada in the Post-Snowden Era".
  51. ↑ "The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law".
  52. ↑ "From Radical Extremism to Balanced Copyright: Canadian Copyright and the Digital Agenda".
  53. ↑ "In the Public Interest: The Future of Canadian Copyright Law".
  54. ↑ "Internet Law in Canada, 3rd Edition".
  55. ↑ "Michael Geist receives PACC Fellowship Award". Centre for Law, Technology and Society; University of Ottawa. March 24, 2023.
  56. ↑ "The 2017 Appointees to the Order of Ontario". news.ontario.ca. Retrieved October 29, 2018.
  57. ↑ "CJFE to honour North American media at 21st annual gala". www.newswire.ca. Retrieved November 29, 2018.
  58. ↑ "Open Scholarship Award". Scholarly Communication. Retrieved October 29, 2018.
  59. ↑ "The Top 25 Most Influential". Canadian Lawyer. Retrieved October 29, 2018.
  60. ↑ "Award Winners - Arthur Kroeger College". carleton.ca. Retrieved October 29, 2018.
  61. ↑ "Public Knowledge IP3 Awards - Public Knowledge". Public Knowledge. October 26, 2006. Retrieved October 29, 2018.
  62. ↑ "Past recipients of OLA Les Fowlie Award" (PDF).
  63. ↑ "Geist Named Canarie IWAY Public Leadership Award Winner". September 23, 2003.

Videos

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.