Michael Geist

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

(1968-07-11) July 11, 1968 (age 53)
NationalityCanadian
EducationUniversity of Western Ontario, Osgoode Hall Law School, Cambridge University and the Columbia Law School
OccupationAcademic and Canada Research Chair
EmployerUniversity of Ottawa
Websitemichaelgeist.ca

Michael Allen Geist (born July 11, 1968) is a Canadian academic, the Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa and a member of the Centre for Law, Technology and Society. Geist was educated at the University of Western Ontario, Osgoode Hall Law School, where he received his Bachelor of Laws, Cambridge University, where he received a Master of Laws, and Columbia Law School, where he received a Master of Laws and Doctor of Law degree.[1] He has been a visiting professor at universities around the world including the University of Haifa, Hong Kong University, and Tel Aviv University. He is also a senior fellow at the Centre for International Governance Innovation.

Geist is the editor of many books including Law, Privacy and Surveillance in Canada in the Post-Snowden Era (2015, University of Ottawa Press), The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (2013, University of Ottawa Press), From "Radical Extremism" to "Balanced Copyright": Canadian Copyright and the Digital Agenda (2010, Irwin Law) and In the Public Interest:  The Future of Canadian Copyright Law (2005, Irwin Law). He is a regular columnist in The Globe and Mail, the editor of several monthly technology law publications, and the author of www.michaelgeist.ca, a popular blog on the Internet and intellectual property law issues.  

Geist serves on many boards, including Ingenium,[2] Internet Archive Canada,[3] and the EFF Advisory Board.[4] He is the chair of Waterfront Toronto's Digital Strategy Advisory Panel.[5] He was appointed to the Order of Ontario in 2018[6] and was awarded the Vox Libera Award for his contribution to freedom of expression by Canadian Journalists for Freedom of Expression (CJFE) in 2018.[7] He has received numerous other awards for his work including the University of Ottawa Open Access Award in 2016,[8] Kroeger Award for Policy Leadership[9] and the Public Knowledge IP3 Award in 2010,[10] the Les Fowlie Award for Intellectual Freedom from the Ontario Library Association[11] in 2009, the EFF's Pioneer Award in 2008, and Canarie's IWAY Public Leadership Award for his contribution to the development of the Internet in Canada. Geist was named one of Canada's Top 40 Under 40 in 2002.[12] In 2010, he was listed globally as one of the top fifty influential people in regard to intellectual property by Managing Intellectual Property.[13] Canadian Lawyer named him one of the 25 most influential lawyers in Canada in 2011, 2012, and 2013.[14]

Copyright Law[edit]

Geist has received widespread public attention from mainstream and citizen media for leading the public response to Canadian copyright law.[15]

According to Geist, in 2007, proposed Canadian legislation included the worst aspects of the 1998 U.S. Digital Millennium Copyright Act (DMCA). In December 2007, Geist said the legislation will likely "mirror the DMCA with strong anti-circumvention legislation—far beyond what is needed to comply with the WIPO Internet treaties", and will likely contain no protection for "flexible fair dealing. No parody exception. No time shifting exception. No device shifting exception. No expanded backup provision. Nothing."[16]

Widespread online and offline support, from activist and author Cory Doctorow to over 90,000 Facebook users, led to the tabling of the copyright legislation by Industry Minister Jim Prentice until 2008.[15]

Geist has continued to play a prominent role on copyright in Canada, with numerous articles,[17] speeches,[18] books,[19] and appearances before House of Commons and Senate committees[20] on the subject. In December 2010, he wrote a paper titled "Clearing Up the Copyright Confusion: Fair Dealing and Bill C-32"[21] where he summarizes and critically examines some of the main issues of this bill.

Then in October 2011, when the Canadian government began attempts to pass a new bill on copyright reform, which included digital lock rules, called Bill C-11, he wrote "The Daily Digital Lock Dissenter" on his blog.[22] This was a daily blog entry where he introduced former submissions to the government about how Canadians felt about the restrictive digital lock regulations in regard to Bill C-32 and based on the 2009 national copyright consultation. He argued that while Bill C-11 had some valid points, it was too restrictive because it did not take a balanced approach and it was "primarily about satisfying U.S. pressure, not public opinion".[23]

Trade: ACTA, the TPP and USMCA[edit]

Geist is considered an expert[24] about the intellectual property and digital trade issues associated with trade agreements such as the failed international Anti-Counterfeiting Trade Agreement (ACTA), which he covered frequently on his blog, criticizing the negotiation process for lack of transparency and warning of possible negative consequences for Internet users.[25] He was similarly active in assessing the implications of the Trans Pacific Partnership[26] and reforms to NAFTA, later called the USMCA.[27]

Telecom: Usage-based billing and Net Neutrality[edit]

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.[28] Also in 2011, he wrote a study on the true transport costs of a gigabyte for a Canadian consumer from an ISP and concluded it was roughly a total of eight cents per gigabyte but this report was later denounced by the major ISPs, most notably Bell Canada.[29]

Geist has been a vocal supporter of net neutrality in Canada, writing widely on the subject[30] and frequently discussing the issue in the mainstream media.[31] In 2017, he appeared before the House of Commons Standing Committee on Access to Information, Privacy and Ethics to explain the key concerns to Members of Parliament.[32]

Privacy[edit]

Geist is one of Canada's leading advocates on privacy protection. He is the editor of the Canadian Privacy Law Review and served on the Privacy Commissioner of Canada's Expert Advisory Board.[33] He is the editor of the 2015 book, Law, Privacy and Surveillance in Canada in the Post-Snowden Era. He has regularly appeared before House of Commons committees to discuss privacy and potential reforms.[34]

Website blocking[edit]

In 2018, Geist was a leading voice[35] opposed to a proposal to establish a website blocking system in Canada to be overseen by the Canadian Radio-television and Telecommunications Commission.[36] He wrote dozens of widely cited posts on concerns with the proposal.[37] The CRTC rejected the proposal on jurisdictional grounds in October 2018.[38]

Books[edit]

  • Law, Privacy and Surveillance in Canada in the Post-Snowden Era
  • The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law
  • From "Radical Extremism" to "Balanced Copyright": Canadian Copyright and the Digital Agenda
  • In the Public Interest:  The Future of Canadian Copyright Law
  • Internet Law in Canada

Awards[edit]

Geist has received numerous awards for his work. He was appointed to the Order of Ontario in 2018[6] and was awarded the Vox Libera Award for his contribution to freedom of expression by Canadian Journalists for Freedom of Expression (CJFE) in 2018,[7] University of Ottawa Open Access Award in 2016,[8] Kroeger Award for Policy Leadership[9] and the Public Knowledge IP3 Award in 2010,[10] the Les Fowlie Award for Intellectual Freedom from the Ontario Library Association[11] in 2009, the EFF's Pioneer Award in 2008, and Canarie's IWAY Public Leadership Award for his contribution to the development of the Internet in Canada. Geist was named one of Canada's Top 40 Under 40 in 2002.[12] In 2010, he was listed globally as one of the top fifty influential people in regard to intellectual property by Managing Intellectual Property.[13] Canadian Lawyer named him one of the 25 most influential lawyers in Canada in 2011, 2012, and 2013.[14]

References[edit]

  1. ^ "About". michaelgeist.ca. Michael Geist. Retrieved October 29, 2018.
  2. ^ "Board of Trustees | Ingenium". ingeniumcanada.org. Retrieved October 29, 2018.
  3. ^ "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.
  4. ^ "Advisory Board". Electronic Frontier Foundation. September 25, 2007. Retrieved October 29, 2018.
  5. ^ "Waterfront Toronto DSAP Biography" (PDF).
  6. ^ a b "The 2017 Appointees to the Order of Ontario". news.ontario.ca. Retrieved October 29, 2018.
  7. ^ a b "CJFE to honour North American media at 21st annual gala". www.newswire.ca. Retrieved November 29, 2018.
  8. ^ a b "Open Scholarship Award". Scholarly Communication. Retrieved October 29, 2018.
  9. ^ a b "Award Winners - Arthur Kroeger College". carleton.ca. Retrieved October 29, 2018.
  10. ^ a b "Public Knowledge IP3 Awards - Public Knowledge". Public Knowledge. October 26, 2006. Retrieved October 29, 2018.
  11. ^ a b "Past recipients of OLA Les Fowlie Award" (PDF).
  12. ^ a b Canada’s Top 40 Under 40 Archived September 5, 2011, at the Wayback Machine
  13. ^ a b "Meet the 50 Most Influential People in IP", Managing Intellectual Property, July 1, 2010
  14. ^ a b "The Top 25 Most Influential | Canadian Lawyer Mag". Retrieved October 29, 2018.
  15. ^ a b Beltrame, Julian (December 11, 2007). "Ottawa appears to delay tabling copyright amendment". The Globe and Mail. Retrieved December 24, 2007.
  16. ^ Ingram, Matthew (December 9, 2007). "New copyright law starts Web storm". The Globe and Mail. Retrieved December 24, 2007.
  17. ^ "After Supreme Court decision, Ottawa must fix flaws in Canada's copyright system". Retrieved October 29, 2018.
  18. ^ 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
  19. ^ "The Copyright Pentalogy". Retrieved October 29, 2018.
  20. ^ "Evidence - CHPC (40-3) - No. 3 - House of Commons of Canada". Retrieved October 29, 2018.
  21. ^ "Clearing Up the Copyright Confusion: Fair Dealing and Bill C-32" by Michael Geist, December 2010 Archived April 25, 2012, at the Wayback Machine
  22. ^ The Daily Digital Lock Dissenter
  23. ^ Geist, Michael (October 1, 2011). "Why Canada's New Copyright Bill Remains Flawed". Toronto Star.
  24. ^ Juha Saarinen: Q & ACTA, with Michael Geist. A brief chat with a global expert on the ACTA treaty. ITnews.com.au, April 13, 2010
  25. ^ ACTA Posts
  26. ^ "The Trouble With the TPP's Copyright Rules" (PDF).
  27. ^ "Opinion | How the USMCA falls short on digital trade, data protection and privacy". Washington Post. Retrieved October 29, 2018.
  28. ^ “The Usage Based Billing Hearing Concludes: Has the CRTC Come to Competition Too Late?” by Michael Geist, July 20, 2011
  29. ^ “What Does a Gigabyte Cost, Revisited” by Michael Geist , July 29, 2011
  30. ^ "Canada and the U.S. stand divided at the crossroads of net neutrality". Retrieved October 29, 2018.
  31. ^ "Inside Bell's Push To End Net Neutrality in Canada". CANADALAND. December 4, 2017. Retrieved October 29, 2018.
  32. ^ "The Protection of Net Neutrality in Canada, Standing Committee on Access to Information, Privacy and Ethics" (PDF).
  33. ^ Canada, Office of the Privacy Commissioner of (March 22, 2006). "Privacy Commissioner's Office renews its cutting-edge privacy research program". www.priv.gc.ca. Retrieved October 29, 2018. {{cite web}}: |first= has generic name (help)
  34. ^ "Evidence - ETHI (42-1) - No. 52 - House of Commons of Canada". Retrieved October 29, 2018.
  35. ^ "Why the CRTC should reject FairPlay's dangerous website-blocking plan". Retrieved October 29, 2018.
  36. ^ "Bell-led FairPlay Canada coalition responds to critics". MobileSyrup. May 17, 2018. Retrieved October 29, 2018.
  37. ^ "site blocking Archives - Michael Geist". Michael Geist. Retrieved October 29, 2018.
  38. ^ "CRTC rejects proposed website-blocking scheme to fight online piracy". Financial Post. October 2, 2018. Retrieved October 29, 2018.

External links[edit]

Videos[edit]