Robert Diab

The Missing Fair Use Argument in the Copyright Battle Over AI Summaries Robert Diab walks through litigation over AI overviews and the unresolved questions they raise over copyright and fair use.

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.

Is AI Really Destined to Destroy Democracy, Law, and Education? A viral paper sounds the alarm by abandoning nuance

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.

Sexual Deepfakes and Sextortion: Why New Crimes Won’t Solve the Problem If we want to reduce harm, we need to look upstream

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.

Powers in the new Cyber Security Act are invasive — but do they violate the Charter? Critics of the bill are right to be concerned, so why the curious silence in the government’s Charter Statement?

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.

Five Ways to Fix Bill C-2 – and Better Protect Our Privacy Controversial parts of the Strong Borders Act are coming back; we should try to get them right

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

Why some lawyers are turning off the internet to use AI When you're unsure commercial platforms are private enough, running your own model may be the answer

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.

Why some lawyers are turning off the internet to use AI When no commercial platform is private enough, running your own model may be the answer

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...

How Profs and Students Are Using AI in Law Schools Around the World - Slaw Law schools everywhere are confronting the same issue: how to use AI to help rather than hinder student learning. In an earlier column, I speculated on ways we might help law students foster good over...

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!

Do CSIS and Police Really Need More ‘Lawful Intercept’ Powers? A new report makes Parliament’s case for Bill C-2 — and why it falls short

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 More ‘Lawful Intercept’ Powers? A new report makes Parliament’s case for Bill C-2 — and why it falls short

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...

OpenAI’s newly launched Sora 2 makes AI’s environmental impact impossible to ignore As AI shifts from text to video, its appetite for power and water soars, presenting a climate-policy issue.

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 newly launched Sora 2 makes AI’s environmental impact impossible to ignore Debate is focused on misinformation, but AI's footprint — in energy and water — may prove the more urgent challenge for regulators.

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...

Why Lawsuits Over AI Summaries Will Fail: There is No Right to Traffic | TechPolicy.Press Robert Diab makes the case that lawsuits over Google’s AI Overviews won’t create a “right to traffic."

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...

Government to table new border bill amid privacy concerns over C-2: sources | CBC News The federal Liberals are set to introduce a new bill expected to mirror much of what's in their already tabled border legislation — but with some clauses that sparked concerns from opposition parties ...

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...

Poilievre: "They should reintroduce a new bill that focuses on law breakers, on restoring order at the border, on kicking out fraudulent refugees, while at the same time allowing people to send mail, use the internet or do legitimate lawful cash transactions."

Conservatives won't support Liberal border bill without major changes: Pierre Poilievre | CBC News Conservative Leader Pierre Poilievre says the federal Liberals must either heavily amend their border bill or introduce a new piece of proposed legislation if they want support to pass it into law.

Happy to see this -- now all opposition parties opposed to new search powers in C-2. www.cbc.ca/news/politic...

Trying out Perplexity's Comet browser, made free to all users yesterday. Had been using Arc's Dia browser. Found that enormously useful. P's Comet so far faster, more functional. Will write about it shortly... Here's a table comparing the two...

BC Court of Appeal turns down doctors' class action against RateMDs — no privacy in names and contact info, no commercial exploitation of docs' identities. canlii.ca/t/kfhmc

Will Canada’s new hate crime bill impact free speech online? What Bill C-9 adds to our hate speech laws — and whether it fills a real gap

Early impressions of Canada’s new hate crime bill (C-9): @richardmoon.bsky.social: flag waving offence may be redundant; the CCF, it may chill speech. Here’s my take:

robertdiab.substack.com/p/will-canad...

Will Canada’s new hate crime bill impact free speech online? What Bill C-9 adds to our hate speech laws — and whether it fills a real gap

Will new hate speech offences in Bill C-9 impact speech online? Will they fill real gaps in the law? I put them in context here…

robertdiab.substack.com/p/will-canad...