OPED: @robertdiab.bsky.social says Cowork does something he's been eagerly awaiting since chatbots gained the ability to search the web in 2023. www.nationalmagazine.ca/en-ca/articl...
Tentative answer: yes, an AI disclosure law would engage section 8 of the Charter, because it would involve an interference with a reasonable expectation of privacy.
But it would be a reasonable law if made similar enough to powers to search or seize in exigent circumstances.
Would the requirement that a tech company report to police an “imminent and credible risk” constitute a search under the Charter?
I think companies should be compelled to report. Just pondering where the Charter fits here. If it does.
In the Globe yesterday:
Asked whether he was considering banning ChatGPT in Canada, Mr. Solomon replied, “I would say all options are on the table.”
My review of @davidgunkel.bsky.social's new book "AI for Communication" just out in CSMC -- short version: it strikes a fine balance between substance and concision.
www.tandfonline.com/eprint/8CDKU...
How we can tell you’re using AI and why it matters.
www.theglobeandmail.com/opinion/arti...
As cases involving AI summaries move forward, courts are grappling with how to assess fair use, says Robert Diab. At stake are key questions about how to treat copying by AI systems, how much summaries can resemble protected works, and whether they serve as substitutes that harm content creators.
In a new post, I respond to @hartzog.bsky.social and @jessicasilbey.bsky.social — AI presents serious challenges for our civic institutions, but not a mortal threat. We still have agency here, and governance matters.
robertdiab.substack.com/p/is-ai-real...
A law paper has gone viral arguing that AI is destined to destroy democracy, the rule of law, education, and the press.
The authors identify real dangers, but they press them so far, and with such certainty, that nuance is lost.
Canada is criminalizing sexual deepfakes and sextortion, but it likely won’t be enough.
In a new post, I look at how prevalent this conduct is in Canada and why regulating AI tools and platforms may matter more.
robertdiab.substack.com/p/sexual-dee...
In my latest post, I ask whether the government could defend these powers by arguing they don’t even engage s. 8 — because they aren’t exercised for an investigative purpose.
The bill gives government broad powers to compel telecoms to do any "specified thing” to secure networks and to share information — potentially including sensitive metadata — across government and with foreign states.
Bill C-8 (the proposed Cyber Security Act) has flown under the radar — but it raises serious Charter questions.
My suggestions aim at:
• narrowing warrantless information demands
• tightening subscriber-ID powers
• protecting encryption
• strengthening independent oversight
All while still giving police the tools they say they need.
Bill C-2 is back.
After a recent roundtable with the Minister of Public Safety calling for ideas for how to improve the bill, I’ve posted “Five Ways to Fix Bill C-2 – and Better Protect Our Privacy”
robertdiab.substack.com/p/five-ways-...
My nominations for the 2025 Clawbies:
- @mgeist.bsky.social for LawBytes, a podcast I have found indispensable for years — celebrating its 250th episode this year.
- @privacylawyer.ca for his outstanding YouTube channel, Privacy Guy — enormously informative and insightful.
#clawbies2025
I explore why in my new piece:
www.nationalmagazine.ca/en-ca/articl...
Can lawyers safely use AI on client files or Crown disclosure?
Law society and Crown policies don’t offer clear answers.
Even “legal AI” tools like Lexis’ Protégé leave room for doubt.
Some lawyers — and courts — are turning to the nuclear option: running AI offline.
When you're not sure commercial AI platforms are private enough to trust with client information or Crown disclosure, running your own model may be the answer, writes @robertdiab.bsky.social nationalmagazine.ca/en-ca/articl...
Should law students use AI to summarize cases, draft outlines, or edit writing?
I explore 10 ways students are using AI in law schools worldwide, and the key challenge of avoiding over-reliance.
www.slaw.ca/2025/11/10/h...
Looking forward to it as well. Glad it's finally happening!
In my latest post, I look at what the report actually says, and why the case for lawful access still doesn’t add up.
robertdiab.substack.com/p/do-csis-an...
Do police and CSIS need new “lawful intercept” powers to keep up with technology?
Parliament says yes. But in a new declassified report meant to justify Bill C-2, it offers little hard data to back this up.
Do CSIS and police really need new “lawful intercept” powers?
Parliament says yes — but the evidence is thin.
Why a new declassified report making the case for Bill C-2 doesn’t hold up.
robertdiab.substack.com/p/do-csis-an...
Video generating #AI like #Sora2 highlight the technology's voracious thirst for energy and water, costs that must be transparent if growth is to be sustainable, argues @robertdiab.bsky.social
theconversation.com/openais-newl... #sustainability
OpenAI’s new Sora 2 can turn text into lifelike video, but at what environmental cost? As AI moves from words to video, its power and water demands are set to soar.
My latest for The Conversation/Substack asks how sustainable the next AI leap really is.
robertdiab.substack.com/p/openais-ne...
Publishers are suing Google over AI Overviews, claiming traffic losses. But as Robert Diab argues: “The attempt to rely on copyright and antitrust law is really an indirect attempt to assert what can’t be claimed directly: a property right in clicks.”
Which is not to say that some of those controversial provisions might not return in a separate bill. But not if no other party is on board…
David, thanks for being the first to post. The new bill is now out. Most of the criminal stuff and — more crucially — the lawful access regime (the SAAIA) is gone.
Money laundering, sex offender provisions still there, but no "information demand"; no subscriber ID on lower grounds.
A big sigh...
Thank you to @karanicolas.bsky.social for alerting me to this: Liberals backtracking on C-2, tabling a revised bill this week... www.cbc.ca/news/politic...
