Jack Tadman

GME3: Game of Throne Speech, Facial Recognition Bill Faces Recognition, and Pixels Selling Pixels?

This week in the GME3 we’re featuring an update (or lack thereof) on Alberta’s move towards regulated gaming, more concerns rising from privacy Bill C-27, and the impact of the rise of a new kind of influencer. Read on for the full stories!

 

Gambling

Game of Throne Speech

 

Last week Alberta Lieutenant Governor Salma Lakhani delivered the province’s throne speech, and those of us who are invested in Canadian sports betting and gaming were left disappointed. While many expected an update on Alberta’s next move towards implementing its own regulated gaming regime, no such news was shared at this time.

 

Instead, the speech focused on issues like taxation, electricity, population growth, economics, increasing funding for the Alberta Indigenous Opportunities Corporation, and figuring out how they can put even more ads in TTC vehicles (okay we may have made up that last one).

 

In July, the Premier of Alberta Danielle Smith published a mandate letter for Dale Nally, the Minister of Service Alberta and Red Tape Reduction. In the letter, Premier Smith set the mandate for Minister Nally to develop Alberta’s online gaming strategy in conjunction with Indigenous gaming operators. Our friends over at Gaming News Canada reached out to the Minister’s office a few weeks ago. In the response they received the office stated that “the minister has met with various industry representatives in order to better understand the broad range of opportunities available to the province,” but it was also made clear that a timeline has yet to be established.

 

However, hope is not entirely lost – Lt.-Gov. Lakhani left us with this message to consider:

 

“It means our economy will be one of the strongest in the world for many decades. It means that all the technology and growth required to build flourishing new industries and transform and grow established ones will occur right in our front yard! It means massive infrastructure improvements and new recreational and entertainment opportunities that will build our quality of life and culture for decades.”

 

While there may not be a set timeline for regulated gaming in Alberta, based on the success we’ve seen here in Ontario and the mandate from the Premier, the province will surely launch the project at some point in the future. We’ll be keeping an eye on our friends to the west, so make sure to follow GME Law on LinkedIn for future updates.

 

Media

Facial Recognition Bill Faces Recognition

 

Bill C-27, the federal privacy bill that we wrote about previously, continues to amass criticism. Last week the Right2YourFace Coalition published an open letter to Minister Francois-Philippe Champagne, who introduced the Bill, stating that Bill C-27 is in “dire need of significant amendments.”

 

The letter calls for greater restrictions on facial recognition technology, warning that its use could threaten our fundamental freedoms, including the right to privacy. Signatories of the letter include the Canadian Civil Liberties Association, the International Civil Liberties Monitoring Group, the Privacy and Access Council of Canada and more.

 

Facial recognition is a technology that is used to match an image of a person’s face against a database of such photos, with the primary goal of identifying the individual. Facial recognition software is used by Canadian municipalities, airports, retailers, schools, and law enforcement across the country.

 

However, the coalition argues that facial recognition technology can often be inaccurate, produce flawed results, and perpetuate bias. And since its use is largely unregulated, there’s a lot of room for misuse.

 

The coalition is calling for some amendments to be made to Bill C-27, including provisions regarding sensitive information and providing explicit protection of biometric info, like face data, fingerprints and vocal patterns. As the Bill currently stands, a provision allows the collection of information for “legitimate business purposes” without the knowledge or consent of users.

It’s assuring that so many people are taking privacy seriously in Canada. With young people caring so much about how their data is being collected and used, the federal government is right to take time to ensure that Bill C-27 adequately addresses public concerns and enshrines the right to privacy.

 

Entertainment

Pixels Selling Pixels?

 

A shocking trend is taking over the social media marketing world – meet the AI influencer. While not entirely new technology, recent improvements to AI and machine learning technology have made AI influencers a much more popular, and cost-effective asset for marketing.

 

Milla Sofia, a “24-year old” AI model “from” Finland already has over 126,000 followers on TikTok, 111,000 on Instagram, and 23,000 on X. Lil Miquela – “19” and “from” LA – has 3.5 million TikTok followers, 2.7 million on Instagram, and, in 2018, she was named one of Time’s 25 most influential people on the internet. Over the years she has promoted products from Prada, Calvin Klein, and even BMW.

 

AI influencers seem poised to take over more and more of the market share in the coming years. Not only are they cost-effective, but they can advertise in any language, and won’t have any personal scandals for advertisers to worry about. Influencer marketing is expanding rapidly, expected to grow 30% to an estimated $28.9 billion this year. More than 60% of agencies are planning to use AI and machine learning to create campaigns.

 

Some have concerns over the expanding use of AI in advertising and in general. Some include:

  • The spread of misleading, or even blatantly false, information,

  • The difficulty in differentiating between AI and human-generated content, and

  • Contributions towards body-image issues by creating “perfect” influencers.

 

While we think it’s unlikely that AI influencers will be fully replacing their human counterparts in the near future, this trend showcases how this evolving technology can be utilized (for better or for worse). We should remember that influencer marketing is a relatively new field, and we should expect more innovation and change in the coming years. That being said, it’s unfortunately easy to picture a dystopian future where AI influencers sell us AI-generated products. Here’s hoping that doesn’t happen!

 

If you’re an influencer looking for help to navigate the complexities of advertising and endorsements, reach out to Zack Pearlstein here at GME Law!

GME Law is Jack Tadman, Zack Pearlstein, Lindsay Anderson, and Will Sarwer-Foner Androsoff. Jack’s practice has focused exclusively on gaming law since he was an articling student in 2010, acting for the usual players in the gaming and quasi-gaming space. Zack joined Jack in September 2022. In addition to collaborating with Jack, and with a keen interest in privacy law, Zack brings a practice focused on issues unique to social media, influencer marketing, and video gaming. Lindsay is the most recent addition to the team, bringing her experience as a negotiator and contracts attorney, specializing in commercial technology, SaaS services, and data privacy. 

 

At our firm, we are enthusiastic about aiding players in the gaming space, including sports leagues, media companies, advertisers, and more. Our specialized knowledge in these industries allows us to provide tailored solutions to our clients’ unique legal needs. Reach out to us HERE or contact Jack directly at jack@gmelawyers.com if you want to learn more!


Check out some of our previous editions of the GME3 HERE and HERE, and be sure to follow us on LinkedIn to be notified of new posts, keep up to date with industry news, and more!

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