Jack Tadman

GME3: Upping the Ante in Niagara, Privacy Act Gets a Patch & (Down) Under the Age Limit

In this week’s GME3 we’re looking at mixed reactions to Ontario Premier Doug Ford’s plan to revitalize Niagara Falls into “Las Vegas North,” a report from the Canadian Parliamentary Committee on Access to Information, Privacy, and Ethics calling for significant updates to Canada’s Privacy Act, and Australia’s plan to implement stricter laws around social media age limits. Read the full stories below!

 

Gambling

Upping the Ante in Niagara

 

Ontario Premier Doug Ford has announced that his government intends to prioritize the development of Niagara Falls to encourage more competition and push tourism to the region, even going so far as to turn it into “Las Vegas North.” As part of this initiative, the Ford government is in conversation with Mohegan Gaming and Entertainment and the Ontario Lottery and Gaming Corp (OLG).

 

Developers intend to incorporate new luxury developments, entertainment options, and attractions designed to appeal to a wider audience, including families and international visitors. Part of the plan could even involve changing how Niagara’s land-based casinos operate. Currently, Mohegan runs day-to-day operations at the two casinos in Niagara Falls (Fallsview Casino Resort and Casino Niagara) due to an agreement with OLG that is set to run until 2040. In exchange, OLG receives a share of casino revenues, which are invested in provincial government programs like health care.

 

Niagara Falls Mayor Jim Diodati, who supports casino expansion in the city, is arguing for implementing the “Vegas model” in which operators are responsible for investing in the properties they own to boost economic development. He argues that the current system, with the Ontario government owning the casinos and external operators managing them, deters major investments in upgrades and renovations.

 

However, the plan has sparked significant debate among Ontarians. Supporters argue that modernizing Niagara Falls could drive economic growth, create jobs, and attract a broader range of tourists, especially from the U.S., who might be drawn to a refreshed and expanded experience. Proponents believe this move will provide the city with a much-needed economic boost, especially as the area recovers from the impact of the COVID-19 pandemic.

 

Conversely, critics are concerned that the focus on commercial and entertainment developments prioritizes profits over essential public services like healthcare, education, and affordable housing. Many Ontarians feel that the government’s emphasis on developing tourist attractions shows misplaced priorities when critical social issues remain unaddressed. There is also concern about Niagara Falls becoming overly commercialized, losing its natural charm, and being overshadowed by Las Vegas-style developments. The divide reflects broader concerns, with some residents questioning whether economic growth should come at the expense of addressing urgent social needs.

 

Media

Privacy Act Gets a Patch

 

A recent report from the Canadian Parliamentary Committee on Access to Information, Privacy, and Ethics calls for significant updates to Canada’s Privacy Act. The report follows a study on federal departments’ use of digital forensic tools capable of extracting personal data from devices like mobile phones and computers. These tools can access encrypted or password-protected information, raising concerns about privacy and transparency.

 

The committee recommends amending the Privacy Act to better protect Canadians’ privacy rights. Key proposals include mandatory privacy impact assessments (PIAs) before deploying such technologies, incorporating “privacy by design” principles, and requiring federal institutions to demonstrate the necessity and proportionality of their data collection activities. They also advocate for more transparency and consultation with the Privacy Commissioner before launching any new technology that could impact privacy.

 

Privacy Commissioner Philippe Dufresne supports the committee’s recommendations, emphasizing the need for modernization to reflect the evolving digital landscape and safeguard Canadians’ fundamental privacy rights. The Parliamentary Committee’s recommendations mark an important step toward modernizing Canada’s Privacy Act to address the challenges of emerging digital technologies. By prioritizing privacy protections and transparency, these updates aim to better safeguard Canadians’ personal information while balancing the needs of federal institutions in a rapidly changing digital environment.

 

Entertainment

(Down) Under the Age Limit

 

Australia is planning to introduce a social media age restriction aimed at protecting young teens. The proposal, championed by Prime Minister Anthony Albanese, seeks to limit social media access for children without parental consent. This move is motivated by concerns about the impact of social media on young people’s mental health and safety. Authorities hope the age verification system, soon to be under trial, will help regulate access to platforms like TikTok or Instagram.

 

The plan, which follows South Australia’s recommendation to set the minimum age at 14, includes enforcing parental consent and requiring tech companies to implement age verification methods. These methods may involve using bank details, phone verification, or facial recognition technology. 

 

Critics, however, raise concerns that such a ban could push teens to unregulated or underground platforms, increasing their exposure to potential harm. Some experts warn that restricting access could further isolate vulnerable groups, like refugee teens who use social media to stay connected with family abroad. Furthermore, they argue that marginalized youth might lose critical support networks, leading to increased feelings of isolation. Finally, this method may not even be effective, as tech-savvy teens can easily use virtual private networks (VPNs) to circumvent age restrictions based on location. Amelia Johns, an associate professor of digital media at the University of Technology, Sydney, went so far as to describe the planned ban as “pretty much the opposite of what we would recommend.”

 

While Australia’s proposed social media age restriction aims to safeguard young teens, it raises concerns about potential unintended consequences. Critics argue that restricting access might push teens to unregulated platforms or isolate vulnerable groups, questioning both the effectiveness and the broader impact of such measures. As the trial phase approaches, the balance between protecting young people and preserving their access to essential online communities remains a delicate issue.

GME Law is Jack Tadman, Zack Pearlstein, Lindsay Anderson, Daniel Trujillo, 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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