Mapping Communications Law 1.0 & 2.O: A Topology Part 2 Talk 2 LAW 424 001 Communications Law Allard School of Law, UBC Spring, 2019 Jon Festinger Q.C. Centre for Digital Media QMUL School of Law (CCLS) Festinger Law & Strategy http://commlaw.allard.ubc @jonfestinger jon_festinger@thecdm.ca

Now, back to our regularly scheduled programming…

“Mapping Communications Law 1.0 & 2.0: A Topology”

Starting Point 1

Introduction to the Core Binaries

Cultural/Industrial a. Domestic Ownership b. CBC

Content/Carriage  Vertical Integration

Regulation/Free Market Cellular

Advertising/ Subscription

Ownership is… Public/Private

Privacy/Surveillance commercial/gov’t 

Alignments Cultural Content Regulation Advertising Public Privacy Industrial Carriage Free Market Subscription Private Surveillance

Where are we actually ?

Privacy = Personal data protection Vertically integrated free market  oligopoly Free market industrial surveillance through platform (& carriage?).  Privacy = Personal data protection

Dystopia?

QUESTIONS? THOUGHTS? DISCUSSION?

Pause

Starting Point 2

“For Books are not absolutely dead things, but doe contain a potencie of life in them to be as active as that soule was whose progeny they are; nay they do preserve as in a violl the purest efficacie and extraction of that living intellect that bred them… And though all the windes of doctrin were let loose to play upon the earth, so Truth be in the field, we do injuriously, by licencing and prohibiting to misdoubt her strength. Let her and Falshood grapple; who ever knew Truth put to the wors, in a free and open encounter Lords and Commons of England, consider what Nation it is whereof ye are, and whereof ye are the governours: a Nation not slow and dull, but of a quick, ingenious, and piercing spirit, acute to invent, suttle and sinewy to discours, not beneath the reach of any point the highest that human capacity can soar to.”

So what about?

QUESTIONS? THOUGHTS? DISCUSSION?

Pause

Starting Point 3

“COMMUNICATIONS LAW 2.O” WHY 2.0???

From many screens with different rules to one screen with… From many screens with different rules to one screen with…???? {If each of those screens was associated with different policy objectives then what???}

The Billion $ Questions: 1. Does Tech Neutrality implicate/lead to net neutrality? 2. Will “Neutrality” be a 3.0 principle?

2. Broadcast paradigm overturned by games and social media where user controls and the “world” seems to form around them.

IMPLICATIONS

3. Everyone is a creator. Freedoms/rights of expression/IP – Copyright are not understood in the factual context we are all simultaneously creators/communicators & users/audiences. The difference between 1.0 & 2.0 is this understanding. E.g. Gay Alliance v. Van. Sun is a pre-Charter 1.0 case creates a legal asymmetry biased towards press ownership. Today (2.0) everyone is a publisher the and the Van. Sun is in fact the audience of other’s content more than the author of its own.

Will there be a FREEDOM TO CREAtE/REMIX? IMPLICATIONS Will there be a FREEDOM TO CREAtE/REMIX?

4. Computers are Computers (1.0) to Everything is a Computer (2.0)

IMPLICATIONS

There are already is an R in CRTC.

5. The Digital Effect in 2.0 has EXPONENTIAL IMPACT (viruses have never been so viral; “now” has never been so immediate etc.)

IMPLICATIONS

6. Newsmedia coverage creates attention (1 6. Newsmedia coverage creates attention (1.0) to Social media attention creates news coverage (2.0) https://medium.com/i-data/paris-and-beirut-data-suggests-how-social-media-shapes-the-coverage-738e9d336c9f#.ekue7d2fi

7. Mediums of storage have changed profoundly: From Apps & DVD’s(1 7. Mediums of storage have changed profoundly: From Apps & DVD’s(1.0) to The “Cloud”(2.0)

IMPLICATIONS

8. Ephemeral Data (1.0) to Infinite Storage Of All Data* (2.0) * Infinite Replayablity

IMPLICATIONS https://nsa.gov1.info/data/

9. Privacy (1.0) to Surveillance*(2.0) *Including governmental & commercial forms of surveillance

IMPLICATIONS

10. 1.0  Subliminal Influences 2.0  Brain-Games

IMPLICATIONS

And someday?… http://motherboard.vice.com/read/we-need-a-legal-framework-for-biohacking-our-brains

11. Unifying statutory objective for all communications in a 2.0 world? How about?… “To encourage and facilitate the creativity and expression of all Canadians.”

Very 1.0

12. ?????????????? Compliance (1.0) to Governance (2.0) as regulatory meme

13. The much “smaller” world of 2 13. The much “smaller” world of 2.0 means that domestic content protections seem less relevant while content non-interference is elevated in importance (from both privacy & net-neutrality perspectives).

QUESTIONS? THOUGHTS? DISCUSSION?

“Roles of Sovereignty & Culture in the Communications Landscape” Coming Soon “Roles of Sovereignty & Culture in the Communications Landscape”

A MATTER OF PERSPECTIVE

Conclusion

SEE YOU NEXT WEEK!

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