1. Mapping Communications Law 1.0 & 2.O: A Topology Part 2
Talk 2
LAW
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
@jonfestinger

2. Now, back to our regularly scheduled programming…

3. “Mapping Communications Law 1.0 & 2.0: A Topology”

4. Starting Point 1

5. Introduction to the
Core
Binaries

6. Cultural/Industrial
a. Domestic Ownership
b. CBC

7. Content/Carriage 
Vertical Integration

8. Regulation/Free Market
Cellular

9. Advertising/ Subscription

10. Ownership is…
Public/Private

11. Privacy/Surveillance
commercial/gov’t 

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

13. Where are we actually ?

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

15. Dystopia?

16. QUESTIONS? THOUGHTS? DISCUSSION?

17. Pause

18. Starting Point 2

22. “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.”

23. So what about?

24. QUESTIONS? THOUGHTS? DISCUSSION?

25. Pause

26. Starting Point 3

27. “COMMUNICATIONS LAW 2.O”
WHY 2.0???

28. 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???}

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

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

31. IMPLICATIONS

32. 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.

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

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

35. IMPLICATIONS

37. There are already is an R in CRTC.

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

39. IMPLICATIONS

41. 6. Newsmedia coverage creates attention (1
6. Newsmedia coverage creates attention (1.0) to Social media attention creates news coverage (2.0)

42. 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)

43. IMPLICATIONS

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

46. IMPLICATIONS

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

49. IMPLICATIONS

50. 10. 1.0  Subliminal Influences 2.0  Brain-Games

52. IMPLICATIONS

54. And someday?…

56. 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.”

57. Very 1.0

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

60. 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).

61. QUESTIONS? THOUGHTS? DISCUSSION?

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

63. A MATTER OF PERSPECTIVE

64. Conclusion

65. SEE YOU NEXT WEEK!

66. Always include a cat picture

67. In learning you will teach And in teaching you will learn Phil Collins' Son of Man (1999)

68. Our Academic Partners