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We are only beginning to understand the full consequences of a world driven by artificial intelligence, yet the agreement will impede our ability to make algorithmic processes transparent and accountable to the public. As companies rush to obscure the choices shaping our lives behind opaque automated algorithms, we can’t afford to cede our ability to ensure these decisions are made in an open and non-discriminating manner.

The only aspect of NAFTA 2.0 that is mildly responsive to how the Internet works is its treatment of digital platforms – the Internet Service Providers, social media sites and search engines that are the connective fibre of the Internet. Platforms will be guaranteed necessary immunity from legal consequences for content generated by users, avoiding overly aggressive content removal schemes that result when platforms are forced to police user content under threat of legal penalties. However, even these critical protections are poorly calibrated.

First, these platform immunities could prevent legal obligations for much-needed transparency, proportionality and appeal mechanisms in the autocratic content removal processes voluntarily adopted by many platforms.

Second, they embed exemptions for controversial laws currently being challenged as unconstitutional in the United States. Responsibility for copyright infringement is also categorically excluded from protection against liability. While NAFTA 2.0 permits Canada to retain its current copyright platform liability regime, it also locks us into that model. Instead of retaining the ability to improve the system, any update attempts will trigger an obligation to adopt a failed US content removal approach which continuously leads to censorship of legitimate, non-infringing content.