Michael Geist Explained

Birth Name:Michael Allen Geist
Birth Date:11 July 1968
Nationality:Canadian
Education:University of Western Ontario, Osgoode Hall Law School, Cambridge University and the Columbia Law School
Employer:University of Ottawa
Occupation:Academic and Canada Research Chair

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]

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]

Copyright Law

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.[18]

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."[19]

Geist has continued to play a prominent role on copyright in Canada, with numerous articles,[20] speeches, 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".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.[47]

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."[48] [49]

Books

Awards and recognition

External links

Videos

Notes and References

  1. Web site: Michael Geist, Books .
  2. Web site: Michael Geist, Newsletters .
  3. Web site: Connection Award Winner: Michael Geist . May 11, 2012 . Government of Canada: Social Sciences and Humanities Research Council .
  4. http://www.top40award-canada.org/2002RecipientsList.pdf Canada’s Top 40 Under 40
  5. http://www.managingip.com/Article/2632898/Search/Meet-the-50-most-influential-people-in-IP.html?Home=true&Keywords=michael+geist&Brand=Site&PageMove=1 "Meet the 50 Most Influential People in IP"
  6. Web site: About . michaelgeist.ca . Michael Geist . October 29, 2018.
  7. Web site: Michael Geist . Centre for International Governance Innovation .
  8. Web site: Books, Michael Geist .
  9. Web site: Blog, Michael Geist . Michael Geist .
  10. Web site: Podcast, Michael Geist .
  11. Web site: Board of Trustees: Biography . Ingenium: Canada's Museums of Science and Innovation .
  12. Web site: Federal Corporation Information - 435509-1 - Online Filing Centre - Corporations Canada - Corporations - Innovation, Science and Economic Development Canada. www.ic.gc.ca. October 29, 2018.
  13. News: The trouble for Canadian digital policy in an 'America first' world . The Globe and Mail . 24 January 2017 . Michael . Geist.
  14. News: Advisory Board. September 25, 2007. Electronic Frontier Foundation. October 29, 2018.
  15. Web site: Michael Geist . The Tyee .
  16. Web site: Waterfront Toronto DSAP Biography.
  17. News: Beltrame . Julian . Ottawa appears to delay tabling copyright amendment . The Globe and Mail . December 11, 2007 . December 24, 2007 .
  18. Web site: Connection Award Winner: Michael Geist . May 11, 2012 . Government of Canada: Social Sciences and Humanities Research Council .
  19. News: Ingram . Matthew . New copyright law starts Web storm . The Globe and Mail . December 9, 2007 . December 24, 2007 .
  20. News: After Supreme Court decision, Ottawa must fix flaws in Canada's copyright system. October 29, 2018.
  21. Web site: The Copyright Pentalogy. October 29, 2018.
  22. News: Evidence - CHPC (40-3) - No. 3 - House of Commons of Canada. October 29, 2018.
  23. http://www.michaelgeist.ca/content/view/6041/125/ The Daily Digital Lock Dissenter
  24. News: Toronto Star . Why Canada's New Copyright Bill Remains Flawed . Michael . Geist . October 1, 2011.
  25. http://www.copyright.mcmaster.ca/documents/Geistfaqonfairdealing.pdf "Clearing Up the Copyright Confusion: Fair Dealing and Bill C-32" by Michael Geist, December 2010
  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. http://www.michaelgeist.ca/index.php?option=com_tags&task=view&tag=acta&Itemid=408 ACTA Posts
  28. Web site: Dr. Michael Geist . Fulbright Canada: Foundation for Educational Exchange Between Canada and the United States of America . 20 August 2023 .
  29. Web site: The Trouble With the TPP's Copyright Rules.
  30. News: Opinion How the USMCA falls short on digital trade, data protection and privacy. Washington Post. October 29, 2018.
  31. Web site: The Canada-United States-Mexico Agreement (CUSMA). Government of Canada. April 21, 2022 . 2022-06-22.
  32. http://www.michaelgeist.ca/content/view/5943/125/ “The Usage Based Billing Hearing Concludes: Has the CRTC Come to Competition Too Late?” by Michael Geist, July 20, 2011
  33. http://www.michaelgeist.ca/content/view/5952/125/ “What Does a Gigabyte Cost, Revisited” by Michael Geist, July 29, 2011
  34. Web site: What Does a Gigabyte Cost, Revisited . Michael . Geist . 29 July 2011 .
  35. News: Canada and the U.S. stand divided at the crossroads of net neutrality. October 29, 2018.
  36. News: Inside Bell's Push To End Net Neutrality in Canada. December 4, 2017. CANADALAND. October 29, 2018.
  37. Web site: The Protection of Net Neutrality in Canada, Standing Committee on Access to Information, Privacy and Ethics.
  38. News: Evidence - ETHI (42-1) - No. 52 - House of Commons of Canada. October 29, 2018.
  39. Web site: Privacy Commissioner's Office renews its cutting-edge privacy research program . Office of the Privacy Commissioner of Canada. www.priv.gc.ca. March 22, 2006. October 29, 2018.
  40. News: Why the CRTC should reject FairPlay's dangerous website-blocking plan. October 29, 2018.
  41. News: Bell-led FairPlay Canada coalition responds to critics. May 17, 2018 . MobileSyrup. October 29, 2018.
  42. Web site: site blocking Archives - Michael Geist. Michael Geist. October 29, 2018.
  43. News: CRTC rejects proposed website-blocking scheme to fight online piracy. October 2, 2018. Financial Post. October 29, 2018.
  44. News: Some Canadians worried new legislation could change how they stream media . Feleshia . Chandler . CBC News . 15 December 2022 .
  45. News: The Globe and Mail . Menaka . Raman-Wilms . Bill . Curry . 4 June 2021 . What is Bill C-10 and why are the Liberals planning to regulate the internet? .
  46. News: Andrew . Coyne . Worried the government will censor your cat videos? The rest of Bill C-10 is even worse . 7 May 2021 . The Globe and Mail .
  47. Web site: Michael . Geist . As Government Moves to Cut Off Bill C-18 Debate, the Reality is Artificial Intelligence Renders Bill Already Out of Date . 20 June 2023 .
  48. Web site: 25 February 2023 . michaelgeist.ca . Why Justin Trudeau is Wrong About Bill C-18 and Google's Response to Mandated Payments for Links . Michael . Geist .
  49. News: The New York Times . 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. . Mike . Ives . 23 June 2023 .
  50. Web site: Law, Privacy and Surveillance in Canada in the Post-Snowden Era . December 11, 2023 . University of Ottawa Press . j.ctt15nmj3c .
  51. Web site: The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law . December 11, 2023 . University of Ottawa Press . j.ctt5vkcpr .
  52. Web site: From Radical Extremism to Balanced Copyright: Canadian Copyright and the Digital Agenda . September 2010 .
  53. Web site: In the Public Interest: The Future of Canadian Copyright Law .
  54. Web site: Internet Law in Canada, 3rd Edition .
  55. Web site: Michael Geist receives PACC Fellowship Award . 24 March 2023 . Centre for Law, Technology and Society; University of Ottawa.
  56. News: The 2017 Appointees to the Order of Ontario. news.ontario.ca. October 29, 2018.
  57. Web site: CJFE to honour North American media at 21st annual gala. www.newswire.ca. November 29, 2018.
  58. News: Open Scholarship Award. Scholarly Communication. October 29, 2018.
  59. News: The Top 25 Most Influential . Canadian Lawyer . October 29, 2018.
  60. Web site: Award Winners - Arthur Kroeger College. carleton.ca. October 29, 2018.
  61. http://www.managingip.com/Article/2632898/Search/Meet-the-50-most-influential-people-in-IP.html?Home=true&Keywords=michael+geist&Brand=Site&PageMove=1 "Meet the 50 Most Influential People in IP"
  62. Web site: Public Knowledge IP3 Awards - Public Knowledge . Public Knowledge. October 26, 2006 . October 29, 2018.
  63. Web site: Past recipients of OLA Les Fowlie Award.
  64. Web site: Geist Named Canarie IWAY Public Leadership Award Winner . 23 September 2003 .
  65. Web site: Connection Award Winner: Michael Geist . May 11, 2012 . Government of Canada: Social Sciences and Humanities Research Council .
  66. http://www.top40award-canada.org/2002RecipientsList.pdf Canada’s Top 40 Under 40

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