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Michael Allen Geist is a Canadian
academic An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of tertiary education. The name traces back to Plato's school of philosophy, founded approximately 386 BC at Akademia, a sanctuary of Athena, the go ...
, and the
Canada Research Chair Canada Research Chair (CRC) is a title given to certain Canadian university research professors by the Canada Research Chairs Program. Program goals The Canada Research Chair program was established in 2000 as a part of the Government of Canada ...
in Internet and E-Commerce Law at the
University of Ottawa The University of Ottawa (), often referred to as uOttawa or U of O, is a Official bilingualism in Canada, bilingual public research university in Ottawa, Ontario, Canada. The main campus is located on directly to the northeast of Downtown Ot ...
. He is the editor of four books on copyright law and privacy law, and he edits two newsletters on Canadian information technology and privacy law. Geist writes syndicated columns for some of Canada's largest newspapers, including the Globe and Mail, the
Ottawa Citizen The ''Ottawa Citizen'' is an English-language daily newspaper owned by Postmedia Network in Ottawa, Ontario, Canada. History Established as the Bytown ''Packet'' in 1845 by William Harris (journalist), William Harris, it was renamed the ''Ci ...
and the
Toronto Star The ''Toronto Star'' is a Canadian English-language broadsheet daily newspaper. It is owned by Toronto Star Newspapers Limited, a subsidiary of Torstar Corporation and part of Torstar's Daily News Brands (Torstar), Daily News Brands division. ...
. His blog on the Internet and intellectual property law is a three-time Best Canadian Law Blog winner. Geist was named one of Canada's Top 40 Under 40 in 2002,Canada’s Top 40 Under 40
and ''Canadian Lawyer'' magazine identified Geist as one of the country's 25 most influential lawyers. He has been listed globally as one of the top fifty influential people in regard to intellectual property by Managing Intellectual Property."Meet the 50 Most Influential People in IP"
''Managing Intellectual Property'', July 1, 2010
Geist has received the
Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an American international non-profit digital rights group based in San Francisco, California. It was founded in 1990 to promote Internet civil liberties. It provides funds for legal defense in court, ...
's EFF Pioneer Award, and the Public Knowledge IP3 Award, regarded as two of the top digital rights awards in the world. All Geist's books and articles are published under
Creative Commons Creative Commons (CC) is an American non-profit organization and international network devoted to educational access and expanding the range of creative works available for others to build upon legally and to share. The organization has release ...
or
open access Open access (OA) is a set of principles and a range of practices through which nominally copyrightable publications are delivered to readers free of access charges or other barriers. With open access strictly defined (according to the 2001 de ...
licences.


Education

Michael Geist attended the
University of Western Ontario The University of Western Ontario (UWO; branded as Western University) is a Public university, public research university in London, Ontario, Canada. The main campus is located on of land, surrounded by residential neighbourhoods and the Thame ...
, and
Osgoode Hall Law School Osgoode Hall Law School, commonly shortened to Osgoode, is the law school of York University in Toronto, Ontario, Canada. It is home to the Law Commission of Ontario, the ''Journal of Law and Social Policy'', and the ''Osgoode Hall Law Journal ...
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 The University of Cambridge is a Public university, public collegiate university, collegiate research university in Cambridge, England. Founded in 1209, the University of Cambridge is the List of oldest universities in continuous operation, wo ...
, and a Master of Laws (''LL.M.'') degree and Doctorate in Law (''J.S.D.'') from
Columbia Law School Columbia Law School (CLS) is the Law school in the United States, law school of Columbia University, a Private university, private Ivy League university in New York City. The school was founded in 1858 as the Columbia College Law School. The un ...
.


Career

Michael Geist joined the Faculty of Law at the University of Ottawa in 1998, and was promoted to full professor in 2012. 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, and is a member of the University of Ottawa's ''Centre for Law, Technology and Society''. 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. Geist is author of a popular blog on the Internet and intellectual property law, and author of the "Law Bytes" podcast. Geist has served on numerous boards and advisory panels, including the board of Ingenium: Canada's Museums of Science and Innovation; the board of Internet Archive Canada; the
Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an American international non-profit digital rights group based in San Francisco, California. It was founded in 1990 to promote Internet civil liberties. It provides funds for legal defense in court, ...
Advisory Board; the Canadian Legal Information Institute Board of Directors; the
Privacy Commissioner of Canada The privacy commissioner of Canada () is a non-partisan ombudsman and officer of the Parliament of Canada. The commissioner investigates complaints regarding violations of the federal ''Privacy Act'', which deals with personal information hel ...
's Expert Advisory Board; the Information Program Sub-Board of the Open Society Institute; and Waterfront Toronto's Digital Strategy Advisory Panel.


Copyright Law

Geist supports a consumer-oriented approach to copyright law, and he led the public response to proposed legislation in 2007. 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." His work has been cited in several Supreme Court of Canada copyright decisions. According to Geist, proposed Canadian legislation in 2007 included the worst aspects of the 1998 U.S.
Digital Millennium Copyright Act The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or ...
(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." Geist has continued to play a prominent role on copyright in Canada, with numerous articles, speeches, books, and appearances before House of Commons and Senate committees. 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."


Trade: ACTA, the TPP and USMCA

Geist is considered an expert on intellectual property and digital trade issues associated with trade agreements. He played a key role in the failed international
Anti-Counterfeiting Trade Agreement The Anti-Counterfeiting Trade Agreement (ACTA) is a plurilateral agreement, multilateral treaty for the purpose of establishing international standards for intellectual property rights enforcement that did not enter into force. The agreement ai ...
(ACTA), criticizing the ACTA negotiation process for lack of transparency, and warning of possible negative consequences for Internet users. He was similarly active in assessing the implications of the Trans-Pacific Partnership and reforms to the
North American Free Trade Agreement The North American Free Trade Agreement (, TLCAN; , ALÉNA), referred to colloquially in the Anglosphere as NAFTA, ( ) was an agreement signed by Canada, Mexico, and the United States that created a trilateral trade bloc in North America. The ...
(NAFTA), later called the United States-Mexico-Canada Agreement (USMCA) in the United States or CUSMA in Canada.


Telecom: Usage-based billing and Net Neutrality

In 2011, Geist criticized the
Canadian Radio-television and Telecommunications Commission The Canadian Radio-television and Telecommunications Commission (CRTC; ) is a public organization in Canada tasked with the mandate as a regulatory agency tribunal for various electronic communications, covering broadcasting and telecommunic ...
's (CRTC) history of inability to foster an atmosphere of competition that would allow third-party
internet service providers An Internet service provider (ISP) is an organization that provides a myriad of services related to accessing, using, managing, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non ...
(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 Bell Canada (commonly referred to as Bell) is a Canadian telecommunications company headquartered at 1 Carrefour Alexander-Graham-Bell in the borough of Verdun, Quebec, in Canada. It is an ILEC (incumbent local exchange carrier) in the province ...
and other major companies for their involvement in limiting smaller ISPs. 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. Geist has been a vocal supporter of
net neutrality Net neutrality, sometimes referred to as network neutrality, is the principle that Internet service providers (ISPs) must treat all Internet communications equally, offering User (computing), users and online content providers consistent tra ...
in Canada, writing widely on the subject and frequently discussing the issue in the mainstream media. 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.


Privacy

Geist has regularly appeared before House of Commons committees to discuss privacy protection and potential reforms. He is the editor of the ''Canadian Privacy Law Review'' and served on the Privacy Commissioner of Canada's Expert Advisory Board. 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. He wrote dozens of widely cited posts on concerns with the proposal. The CRTC rejected the proposal on jurisdictional grounds in October 2018.


The Online Streaming Act (Bill C-11)

Geist criticized the Online Streaming Act (Bill C-11) because it could limit
consumer choice The theory of consumer choice is the branch of microeconomics that relates preferences to consumption expenditures and to consumer demand curves. It analyzes how consumers maximize the desirability of their consumption (as measured by their pr ...
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. He said the government, through its regulator the
Canadian Radio-television and Telecommunications Commission The Canadian Radio-television and Telecommunications Commission (CRTC; ) is a public organization in Canada tasked with the mandate as a regulatory agency tribunal for various electronic communications, covering broadcasting and telecommunic ...
(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."


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 Generative artificial intelligence (Generative AI, GenAI, or GAI) is a subfield of artificial intelligence that uses generative models to produce text, images, videos, or other forms of data. These models Machine learning, learn the underlyin ...
companies, such as
OpenAI OpenAI, Inc. is an American artificial intelligence (AI) organization founded in December 2015 and headquartered in San Francisco, California. It aims to develop "safe and beneficial" artificial general intelligence (AGI), which it defines ...
. Further, the definition of eligible news businesses was expanded, and goes beyond the standards established under the Income Tax Act which gover
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."


Books

*''Law, Privacy and Surveillance in Canada in the Post-Snowden Era'', Editor. *''The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law'', Editor. *''From Radical Extremism to Balanced Copyright: Canadian Copyright and the Digital Agenda'', Editor. *''In the Public Interest: The Future of Canadian Copyright Law'', Editor. *''Internet Law in Canada'', 3rd Edition.


Awards and recognition

* 2023, Privacy and Access Council of Canada ''Fellowship Award''. * 2018, Appointment to the Order of Ontario. * 2018, ''Vox Libera Award'' for his contribution to freedom of expression by Canadian Journalists for Freedom of Expression. * 2016, University of Ottawa ''Open Scholarship Award''. * 2011, 2012, 2013, Named one of the 25 most influential lawyers in Canada by ''Canadian Lawyer'' magazine. * 2010, ''Kroeger College Award in Public Affairs'', for Policy Leadership. * 2010, Listed globally as one of the top fifty influential people in regard to intellectual property by Managing Intellectual Property."Meet the 50 Most Influential People in IP"
''Managing Intellectual Property'', July 1, 2010
* 2010, ''IP3 Award'' from the Washington-based public interest group Public Knowledge. * 2009, ''Les Fowlie Award'' for Intellectual Freedom from the Ontario Library Association * 2008,
Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an American international non-profit digital rights group based in San Francisco, California. It was founded in 1990 to promote Internet civil liberties. It provides funds for legal defense in court, ...
's EFF Pioneer Award. * 2003, Canarie's IWAY Public Leadership Award. * 2002, Named one of Canada's Top 40 Under 40.Canada’s Top 40 Under 40


References


External links

* *


Videos


NAFTA and the Digital Environment, November 2017Copyright and NAFTA Renegotiation, October 2017Canadian Copyright, OA, and OER: Why the Open Access Road Still Leads Back to Copyright, October 2017Canada and the TPP: A Digital Policy Failure, October 2015Why Watching the Watchers Isn't Enough, January 2015Beyond SOPA: ACTA, WIPO and Global Copyright, January 2012Speech at International Data Protection and Privacy Commissioner's conference, September 2007
{{DEFAULTSORT:Geist, Michael 1968 births Living people Canadian male bloggers Canadian columnists Lawyers in Ontario Canadian legal scholars Computer law scholars Copyright scholars Canada Research Chairs Canadian copyright law Journalists from Ontario Members of the Order of Ontario Writers from Ottawa University of Western Ontario alumni Osgoode Hall Law School alumni Columbia Law School alumni Academic staff of the University of Ottawa Alumni of Wolfson College, Cambridge Toronto Star people Western Law School alumni