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Canada’s Online News Act threatens information-sharing, the online ecosystem, and international trade –

On April 5th, Canadian Heritage Minister Pablo Rodriguez introduced Bill C-18, “An Act respecting online communications platforms that make news content available to persons in Canada”. The bill, dubbed the Online News Act, “regulates digital news intermediaries to enhance fairness in the Canadian digital news marketplace and contribute to its sustainability” by establishing “a framework through which digital news intermediary operators and news businesses may enter into agreements respecting news content that is made available by digital news intermediaries.” In a nutshell, this law forces digital news intermediaries, defined as any online communications platform “that makes news content produced by news outlets available to persons in Canada”, into negotiation with Canadian news companies to make those intermediaries pay to carry news content or any portion thereof (including audio, video, and seemingly mere hyperlinks) onto the intermediary’s platform. In its definitions section, the bill states that news content is made available if “(a) the news content, or any portion of it, is reproduced; or (b) access to the news content, or any portion of it, is facilitated by any means, including an index, aggregation or ranking of news content”.


This Canadian policy tracks closely with the recent Australian framework on news media. Like its Australian counterpart, which Project DisCo has extensively covered, the following will focus on four aspects of the Canadian legislation: procedural concerns, changes to the competitive landscape, trade harms, and copyright and related concerns.

First regarding procedure, the Online News Act requires the Canadian Radio-television and Telecommunications Commission (CRTC) to maintain a list of digital news intermediaries to whom this new enactment applies, giving certain intermediaries exemptions if they already have agreements with news businesses that satisfy certain vague criteria, such as providing for fair compensation, ensuring an “appropriate” portion of the money is used to support local, regional, and national content, and not allowing “corporate influence to undermine the freedom of expression and journalistic independence” (as phrased by its section 11). As was the case with the Australian law, the Canadian bill “authorizes the Governor in Council to make regulations respecting how the Commission is to interpret those criteria and setting out additional conditions with respect to the eligibility of a digital news intermediary for an exemption” (Summary-F). In other words, the CRTC and the government are given unilateral power to determine which companies may be exempted from this bill, and those who must follow it.

Second, the bill affects competition in this space, as it establishes a mandatory arbitration procedure to obtain a license to make  news content in general available online even when merely facilitating access to news “by any means, including an index, aggregation or ranking of news content“. Section 21 of the proposed legislation states that an operator of a digital news intermediary “must participate in the bargaining process with the eligible news business or group of eligible news businesses that initiated it.” Section 19, on the other hand, establishes the steps of this bargaining process:

(1) The bargaining process consists of
(a) bargaining sessions;

(b) if the parties are unable, within a period that the Commission considers reasonable, to reach an agreement in the bargaining sessions, mediation sessions; and
(c) if the parties are unable, within a period that the Commission considers reasonable, to reach an agreement in the mediation sessions and at least one of the parties wishes to initiate arbitration, final offer arbitration.

As was alerted regarding the Australian legislation, this bill would provide a great boon to major Canadian publishers, as it would allow these news companies to create a “hardcore cartel,” which “runs counter to all international recommendations that have agreed to limit exemptions to cartels as exemptions generally represent a harmful policy option for consumers.” Forcing parties to either reach an agreement or have one arbitrated for them risks the market economy and may foster a more concentrated news sector.
Third, the bill poses trade conflicts as it is likely targeted at U.S. companies. As noted above, the Canadian government would have unilateral power to designate which intermediaries would be subject to the new rules.  It is indicative from the motivation and legislative history of this proposal that the main targets are U.S. firms.  

Upon introduction, the Ministry of Canadian Heritage cited the online advertising revenues of “two companies” as justification for the legislation. The Parliamentary Secretary to the Minister of Canadian Heritage, Chris Bittle, even stated during the House of Commons Debates on May 13th that:

The way Canadians get their news has changed a lot. Many of us get our news through Google or Facebook, which is okay. There is nothing wrong with that, but the problem is that digital media platforms do not compensate media when they use their content. Advertising dollars have left Canadian media. In 2020, online advertising revenues in Canada were close to $10 billion, with Meta and Google taking 80% of those revenues.

During the House of Commons Debates, on April 6th, MP Patricia Lattanzio asked what the Canadian government was doing to provide a counterbalance to the claim that “hundreds of local news outlets have had to close their doors for lack of revenue, while the web giants literally have a monopoly on advertising revenue”. In response, Prime Minister Justin Trudeau said:

The bill we have introduced will strengthen independent journalism across Canada. Web giants will compensate journalists when they use their content, while ensuring a transparent approach that protects the freedom of the press. This is essential for journalism, it is essential for all communities that rely on their local media, and most importantly, it is essential for our democracy.

Further, the  standards provided by the law regarding to whom it would apply are not clear and could be used to target specific companies, doing far more harm than good. For instance, the bill’s section 84 states that the Governor in Council may make regulations “respecting the factors set out in section 6”. For reference, section 6 is the one that defines in which instances the law will be applied:

This Act applies in respect of a digital news intermediary if, having regard to the following factors, there is a significant bargaining power imbalance between its operator and news businesses:

(a) the size of the intermediary or the operator;

(b) whether the market for the intermediary gives the operator a strategic advantage over news businesses; and

(c) whether the intermediary occupies a prominent market position.

This leaves such regulation dangerously at the whims of the dominant political party, who can choose to benefit or hinder certain agents in the sector by changing the factors that determine the law’s application. Targeting new rules to only a subset of intermediaries that originate from the U.S., excluding domestic competitors, conflicts with  Canada’s current international commitments (under the WTO agreements and the USMCA), which prohibit less favorable treatment to a digital product in the territory of another Party, and forbid arbitrary or unjustifiable discrimination or a disguised restriction on trade.

Fourth, the proposed legislation invokes serious concerns regarding international copyright commitments.  As DisCo has long argued, the display of a short excerpt of a news report, which is among the broad types of “news content” that the Canadian government wants to charge Internet intermediaries for, may violate the Berne Convention’s mandatory quotation right. Berne Article 10(1) states that:

It shall be permissible to make quotations from a work which has already been lawfully made available to the public, provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries.

However, the Online News Act goes even further than previous ancillary rights frameworks by including text that blatantly disregards Canada’s international obligations by stating in section 24 that “for greater certainty, limitations and exceptions to copyright under the Copyright Act do not limit the scope of the bargaining process.” In other words, potentially legal uses of content that could be made by Internet intermediaries and their users, even something simple like sharing a hyperlink, are curbed by this new law. The public loses as a result, as they might suddenly see the possibility of accessing and sharing content on the Internet be greatly diminished.

Moreover, it is made clear by Canada’s international obligations that limitations and exceptions to copyright allow the limited usage of news content by third parties. Nevertheless, in order to yield to the whims of its news publishing industry, who wishes to have a bigger sway in how their content is shared online, Canada attempts to disregard intellectual property rights in a bill whose main purpose is to regulate the market in detriment to free competition. This is a blatant attempt to legislate around international copyright commitments because, ultimately, the Online News Act intends to “provide copyright-like protection and remedies to something [the way news is shared] that is conventionally viewed to be outside the scope of copyright” (as per Project DisCo’s explainer on ancillary rights). As a result, this undermines conventionally guaranteed rights of users and third-parties alike by removing the effectiveness of limitations and exceptions to copyright.

Fundamentally, this is a flawed law that, if passed , would greatly impair digital services and limit the ability of the general public in Canada to share news content on the Internet. It is also clear that this law is targeted at U.S. companies and does not have a clear set of rules that determine its application, which blatantly violates Canada’s competition and trade obligations. If Canada’s extensive trade obligations, meant to prevent such situations, do not deter it from passing laws like this one, other countries might follow-suit and endanger the integrity of the Internet ecosystem.

Some, if not all of society’s most useful innovations are the byproduct of competition. In fact, although it may sound counterintuitive, innovation often flourishes when an incumbent is threatened by a new entrant because the threat of losing users to the competition drives product improvement. The Internet and the products and companies it has enabled are no exception; companies need to constantly stay on their toes, as the next startup is ready to knock them down with a better product.

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Meet Brian Ilheu, the Training and Nutrition Expert Who Takes His Clients to Success in the Fitness World

Brian Ilheu, also known as Toro Trainer, is one of the most renowned fitness trainers in South America. Born on September 2 in Comodoro Rivadavia, Chubut, Argentina, Brian started training and specializing in fitness at the young age of 17. By the time he was 23, he opened his first gym and then moved to Buenos Aires to better specialize in his career as a trainer.

Brian traveled and learned from some of the best bodybuilding experts in the world, including Kevin Levrone, Shawn Ray, Roelly Winklar, Branch Warren, Manuel Romero, Fernando Márquez, Carol Vaz, Geraldine Morgan, Big José, Raúl Carrasco, and Pannain. He went on to win a national championship as an athlete and then dedicated himself to training female category athletes, winning 12 gold medals at the Arnold Classic Brazil, 6 South American titles, 4 Mr. Olympia titles, and 4 Pro Cards.

As a businessman, Brian patented his own brand of Fit TORO clothing and accessories after opening two gyms in his city. He also held seminars, bringing world-renowned athletes like Francielle Mattos, Vivi Winkler, Carol Vaz, Vanesa Garcia, and Ricardo Pannain to his country for the first time and filling up all available tickets. His goal now is to grow his brand worldwide and take his athletes to the highest level, helping all of his clients achieve their fitness goals through healthy habits.

Brian offers a wide range of services on his website, www.torotrainercoach.com, including personalized training plans. He emphasizes the importance of training, nutrition, supplementation, and rest as the key factors to achieving real change and reaching fitness goals.

Brian is certified as a personal trainer by the European Center for Physical Education (C.E.E.F) and holds two other personal trainer titles from other academies. He is also a certified muscle building monitor and instructor (C.E.E.F), with expertise in pharmacology, nutrition, supplementation in sports, and physical preparation for combat sports (ARM). He has attended seminars by world-renowned experts such as Kevin Levrone, Shawn Ray, Roelly Winklar, Branch Warren, Manuel Romero, and Fernando Márquez, among others.

Brian can be found on Instagram under the handle @torotrainercoach, where he shares his extensive knowledge and training tips with his followers. With his passion for fitness and dedication to helping his clients achieve their goals, Brian Ilheu is a name to remember in the world of fitness.

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The Last of Us Levels Up Its Opening News Today January 30, 2023

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The Last of Us takes its time revving up. The HBO video-game adaptation opens on a 1960s TV interview program (hosted by Bighead!) featuring two epidemiologists discussing the possible end of humanity via disease. John Hannah plays the more portentous of the duo, laying out the mechanics of what will eventually drive the apocalypse in this universe: mind-controlling fungus, previously a phenomenon contained to the insect world, pushed by climate change to evolve such that it makes the jump into human beings. As he speaks of how the infection would ravage billions, the camera repeatedly cuts to the audience; faces blank, heightened, a mass. The scene is brief, but the tone is set.

That opening scene is specific to the TV show, and it immediately forecasts an intent to move this story at its own pace. As someone long familiar with the source material, the choice is exciting: the HBO version places a premium on leaving room to breathe. The narrative patiently settles into a pre-apocalypse world, introducing Pedro Pascal’s Joel Miller, his daughter Sarah (Nico Parker), and his younger brother Tommy (Gabriel Luna) on Joel’s birthday, as Sarah embarks on a quest to get his old watch fixed. You get the drift of Joel’s situation fairly briskly: single parent, tight relationship with Sarah, she’s a good kid. It’ll be another ten minutes of show before shit hits the fan, and when it does, you’re fully baked into their family and the effect of catastrophic implosion and chaos hits more clearly and holistically.

This wasn’t necessarily the case in the source material. The original video game arrived in 2013, a moment when big-budget AAA-studios were deep into a yearslong effort to aesthetically replicate a sense of cinematic spectacle. In many ways, this ran parallel to a similar movement in television; The Walking Dead had premiered three years before, and HBO’s own Game of Thrones followed a year after that. Indeed, what made the original Last of Us particularly interesting was how it seemed to emulate prestige television more than anything else: Besides its visual realism, there was an episodic nature to the grim, heady story, which usually takes around 15 hours of gameplay to complete.

However, back in 2013, the game was still doing its best with the tools it had within the context of its medium. Its opening sequence had to do more economical narrative work in order to get you into play as soon as possible, opening just hours before the outbreak with a scene that also appears in the show — albeit 15 minutes in — in which Sarah gifts Joel that watch for his birthday. This cut scene does some expository labor, but the work of grounding you in the world chiefly happens through environmental storytelling, which is something that isn’t entirely possible with television or movies. (Though one could possibly argue Alfonso Cuarón’s Children of Men, which does a ton of world-building through background elements that the camera often glides by, came quite close.) The very first character you control is Sarah, whom you guide through a splendid sequence that evokes the feeling of being a child alone at home. Details like soccer trophies or a weirdly placed Stairmaster around the house communicate to you, the player, the circumstances of their lives — but it’s dark, Joel isn’t around, and the world is ending.

The game and the HBO show converge when the three Millers get into the car. For those with a strong attachment to the original work, the last decade was essentially building up to this moment, and what transpires in the TV adaptation is something close to a shot-for-shot remake. The camera assumes a view from the back seat, mimicking Sarah’s perspective as the family tries to get out of Dodge. (In the game, you control where Sarah is looking, meaning you can miss whole images like their neighbor’s burning home or an overrun hospital.) Many lines from the game are preserved (“They have a kid, Joel. “So do we.), while distinct tweaks have been made to further enhance the onscreen drama. The plane crash, for example, is an invention for the show; in the video game, Sarah and Joel are knocked out when another car slams into theirs.

The HBO remake of the outbreak sequence is striking in how it fully realizes what the original work was simulating. Playing the game, you can feel The Last of Us strain to use its elemental tools to achieve the kind of cinematic storytelling it’s going for, even as it’s ultimately successful. While you control Joel navigating the chaotic streets, Sarah in tow, it’s not uncommon to spot the seams of the technology of the time: Tommy’s pathfinding blocking you in strange ways, the artificially intelligent crowd not quite swarming in a manner that tracks organically. (The remake with more modern tech, released last fall, is only somewhat better.) Since this is a game, it’s also a sequence with a fail state. If you don’t run fast enough, Joel gets bitten, the screen blacks out, and you have to begin again. This cultivates a sense of urgency in the player, but it opens up the possibility of some meaningful cost to the narrative momentum. Such a trade-off is endemic to video games.

It’s really something to see a prestige TV show literally translate a scene from a game that was, in its own way, already emulating a prestige TV show. The promise of an adaptation — and this adaptation in particular — is the possibility of expansion: to more deeply explore, or perhaps even subvert, the narrative themes of the widely beloved story that powered this wildly successful video game. It’s a dramatic act of imagining, taking an original text and finding new life. But as the first half of HBO’s spectacular pilot episode shows, you still gotta play the hits.
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Colorado plans to send more migrants to New York

NEW YORK — Colorado Gov. Jared Polis plans to send migrants to major cities including New York, Mayor Eric Adams said Tuesday, warning that the nation’s largest city is already struggling to deal an influx of people sent from Texas and other Republican-led states.

However, the Democratic governor told  shortly afterward that the state has been helping asylum seekers reach their final destinations — including New York City — for weeks. The only change has been a recent winter storm and ensuing travel catastrophe that created a backlog of migrants wanting to leave Denver, which is now being cleared.
Adams made his comments during a radio appearance Tuesday morning.

“We were notified yesterday that the governor of Colorado is now stating that they are going to be sending migrants to places like New York and Chicago,” Adams said during a radio appearance. “This is just unfair for local governments to have to take on this national obligation.”

An aide to Adams said the mayor’s administration was told about the influx Monday evening.
Like many major cities around the country, Denver has been struggling to provide services for a surge of people who have fled their home countries in Central and South America, crossed the southern border and sought asylum in the United States. Over the past month, more than 3,500 migrants have arrived in Denver, according to the city, and each night around 1,800 asylum seekers have sought shelter in the city.

In response, Denver Mayor Michael Hancock declared a state of emergency and later appealed to the local Catholic archdiocese for assistance. He and Polis — both Democrats — also launched a fund to raise money to support services for migrants.

In total, Polis said the state has recently made $5 million available to assist with expenses. And while roughly 70 percent of asylum seekers who arrive in Denver are traveling to other destinations, the cost of helping them purchase bus tickets constitutes a fraction of the overall pot of cash.

In light of the recent winter storm that snarled holiday travel — with Southwest Airlines’ logistical meltdown leading to a rush on bus tickets — the Denver mayor’s office reached out to the Adams administration to let them know that more migrants than usual may be arriving by bus, according to Polis, who expected levels to moderate within a week or two.

“There is a lot of pent-up demand right now and a lot of frustration among our migrants who have been trapped for a week or two in a place they didn’t want to be through no fault of their own,” he said.

On Tuesday, Polis announced a partnership including the state, the city and local nonprofits designed to beef up transportation services for asylum seekers trying to get out of Colorado — an initiative welcomed by Hancock’s office.
“I appreciate [Polis] and the State for leaning in to support those coming to our city to reach their preferred destinations, and to help reduce the number of people in our shelters and more quickly connect them with community supports and other options,” Hancock said in a statement Tuesday. “I’ve talked with other mayors around the country and we’re united in our call for Congress to work with the Biden Administration to provide the assistance we need to manage this situation.”

Thousands of migrants have attempted to cross into the U.S. from the southern border in recent weeks, in part because a Trump administration border policy, known as Title 42, was set to expire in December. The Supreme Court last week blocked the lifting of the policy, which allows the U.S. to expel migrants to stop the spread of Covid-19.

Texas GOP Gov. Greg Abbott over the spring and summer bused thousands of migrants from the border to blue strongholds like New York, Washington, D.C., and Chicago, while Florida Republican Gov. Ron DeSantis flew nearly 50 mostly Venezuelan migrants from Texas to Martha’s Vineyard. He claimed it was to bring attention to the border situation.

But in recent weeks, the dilemma at the border has become worse. El Paso’s Democratic mayor, Oscar Leeser, declared a state of emergency in December after migrants began pouring into the city. Abbott also deployed hundreds of Texas national guard and state troopers to the border to stop people from entering the U.S.

The migrants are coming to Colorado on buses from border towns including El Paso, Texas though it’s unclear whether any government officials have paid for those trips north.

A spokesperson for Abbott said in an email, “We are still only busing to DC, NYC, Chicago, and Philadelphia.” The El Paso mayor’s office similarly said they had not coordinated any travel to Denver, though a host of entities, from the county to individual nonprofits, are all involved in assisting migrants with transport out of Texas.

Polis said that most officials dealing with an influx of migrants have been acting in good faith.
“Too many people, in our opinion, view this through a political lens or as playing politics — and it’s terrible that in some places, people have been used as political props,” he said. “But what we are doing here is just honoring our values by treating people with dignity and respect.”

Adams said Tuesday around 30,000 asylum seekers have arrived in New York City since the spring in need of food, shelter and education — a surge that has has stretched the city’s social service infrastructure to the breaking point and opened up huge risks for the municipal budget. Adams, along with the two Colorado leaders, have called on the federal government to provide assistance to localities dealing with the influx.

“No city should have to make a decisions if they’re going to provide for their citizens — particularly coming out of Covid — or if they’re going to deal with an onslaught of migrants and asylum seekers,” he said.

 

 

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