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The CRTC said it would leave podcasts alone. Turns out that was a myth

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From the MacDonald-Laurier Institute

This article originally appeared in the Hub.

By Peter Menzies, October 4, 2023

It’s clear the regulator is about to draw podcasts into its warm embrace.

The CRTC has backtracked on its promise to leave podcasts alone.

On May 12, the federal regulator stated in its “Myths and Facts” release that concerns it would regulate content such as podcasts were a “myth” and the “fact” of the matter was that “a person who creates audio or video content or creates a podcast, is not a broadcaster under” the Online Streaming Act (Bill C-11).

That “fact” didn’t live long. It expired September 29 when, in its first decisions since being granted authority over the internet, the CRTC changed lanes.

While it was careful to state that podcasters themselves don’t have to register with the Commission, the web-based platforms that make podcasts available must do so. Indeed, podcasters may not be broadcasters, but very much as predicted by the legislation’s critics, the CRTC has found ways to bring them into scope anyway.

It decided that podcasts constitute “programs under the Broadcasting Act, given that they are comprised of sounds intended to inform, enlighten or entertain.”

The regulator’s decision further explains that while podcasters may not be broadcasters, the transmission of podcasts over the internet most definitely “constitutes broadcasting” which makes those entities that platform podcasts into cable companies.

So while the CRTC concedes that while “the Broadcasting Act does not give the Commission a mandate to regulate creators of programs” it nevertheless makes clear that its powers do cover “those services that are involved in the broadcasting of programs, which are referred to as broadcasting undertakings.”

Is your head spinning yet?

The legal contortions continue throughout the decision, but the clear takeaway, the bottom line, is that, while it keeps insisting it doesn’t intend to regulate the content of podcasts, it is very concerned about the content of podcasts and if it can’t legally regulate them, it’ll make sure someone else does it for them.

Paragraph 223 of its decision makes it clear the CRTC is about to draw podcasts into its warm embrace.

Without information about online undertakings that transmit or retransmit podcasts, it would be more difficult for the Commission to ensure the achievement of the objectives of … the Broadcasting Act, which relate to, among other things, providing a reasonable opportunity for the public to be exposed to the expression of differing views on matters of public concern, and (that) the programming provided by the Canadian broadcasting system should be varied and comprehensive, providing a balance of information, enlightenment and entertainment for people of all ages, interests and tastes.

In other words, what the CRTC denounced as “myth” in the spring has become a “fact” in the fall. It has kicked open the door to the regulation of online content, if not directly then by proxy through the platforms that deliver the work of podcasters to their audiences.

It is a bureaucratic master stroke.

Here’s what will follow.

The list of intervenors presenting at the CRTC’s public hearing coming up in late November indicates the panel of commissioners will hear from a number of groups that will explain the extent to which they are under-represented and funded. So, a possible outcome of this will be that services that carry podcasts will have to fund podcasters who, on their own, haven’t been able to find an audience.

Just as likely is that platforms will be regulated to ensure podcasts designated by the CRTC are given priority visibility/discoverability online over undesignated podcasts through the manipulation of algorithms. These are likely to be podcasts by Indigenous, BIPOC and LGBTQ2S creators.

As erstwhile CRTC Chair Ian Scott told the Senate committee studying Bill C-11 in 2022:

Instead of saying, and the Act precludes this, we will make changes to your algorithms as many European countries are contemplating doing, instead, we will say this is the outcome we want. We want Canadians to find Canadian music. How best to do it? How will you do it? I don’t want to manipulate your algorithm. I want you to manipulate it to produce a particular outcome. And then we will have hearings to decide what are the best ways and explore it.

This was reinforced in an exchange Scott had with Senator Pamela Wallin, who suggested proponents of the bill were parsing their words and that:

You won’t manipulate the algorithms; you will make the platforms do it. That is regulation by another name. You’re regulating either directly and explicitly or indirectly, but you are regulating content.

To which Mr. Scott replied: “you’re right.”

The CRTC has now confirmed what it denied mere months ago when it was parroting then-Heritage Minister Pablo Rodriguez’s talking points.

It will make sure podcasts and any other internet content it can capture is regulated.

Peter Menzies is a Senior Fellow with the Macdonald-Laurier Institute, a former newspaper executive, and past vice chair of the CRTC.

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Feds pull the plug on small business grants to Minnesota after massive fraud reports

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The Small Business Administration is moving to freeze grant money flowing into Minnesota after explosive allegations of large-scale fraud tied to state oversight failures, with SBA Administrator Kelly Loeffler signaling an immediate crackdown following recent independent reporting.

In a series of comments shared publicly by conservative commentator Benny Johnson, Loeffler said the agency is “cutting off and clawing back” SBA grants to the state while investigators dig deeper into what she described as a rapidly expanding fraud network.

Johnson wrote that Loeffler told him she was “disgusted and sickened” after reviewing footage from YouTuber Nick Shirley, whose on-the-ground reporting in Minnesota highlighted what he said were sham daycare and learning centers collecting millions in public funds despite showing little or no sign of legitimate operations.

According to Johnson, Loeffler blamed the situation on Democrat Gov. Tim Walz, accusing his administration of refusing to enforce basic rules governing small businesses and allowing fraud to flourish unchecked.

Johnson said Loeffler told him SBA investigators were able to identify roughly half a billion dollars in suspected fraud within days of focusing on Minnesota, calling the operation an “industrial-scale crime ring” that ripped off American taxpayers.

“Pending further review, SBA is freezing all grant funding to the state in order to stop the rampant waste of taxpayer dollars and uncover the full depth of fraud,” Loeffler said, according to Johnson’s account, adding that the total scope of the scheme remains unknown and could reach into the billions.

The controversy gained national traction after Shirley posted video of himself visiting multiple facilities, including a South Minneapolis site known as the Quality Learning Center, which he reported was approved for federal aid for up to 99 children but appeared inactive during normal business hours.

The center’s sign, Shirley noted, even misspelled the word “learning” as “learing.”

In the footage, a woman inside the building is heard shouting “Don’t open up,” falsely claiming Shirley and his colleague were Immigration and Customs Enforcement agents.

After the video circulated, Rep. Tom Emmer, a Republican, publicly demanded answers from Walz, questioning how such facilities were approved for millions in taxpayer funding.

Shirley’s reporting followed earlier investigations, including a November report by City Journal alleging that members of Minnesota’s Somali community had sent millions of dollars in stolen taxpayer funds overseas, with some of that money reportedly ending up in the hands of Al-Shabaab, a U.S.-designated terrorist organization.

While Walz’s administration has insisted it takes fraud seriously, the SBA’s decision to halt grant funding marks one of the most aggressive federal responses yet, underscoring how rapidly a local scandal has escalated into a national reckoning over oversight, enforcement, and accountability in Minnesota.

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Stripped and shipped: Patel pushes denaturalization, deportation in Minnesota fraud

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FBI Director Kash Patel issued a blunt warning over the weekend as federal investigators continue unraveling a sprawling fraud operation centered in Minnesota, saying the hundreds of millions already uncovered represent “just the tip of a very large iceberg.”

In a lengthy statement posted to social media, Patel said the Federal Bureau of Investigation had quietly surged agents and investigative resources into the state well before the scandal gained traction online. That effort, he said, led to the takedown of an estimated $250 million fraud scheme that stole federal food aid intended for vulnerable children during the COVID pandemic.

According to Patel, the investigation exposed a network of sham vendors, shell companies, and large-scale money laundering operations tied to the Feeding Our Future case. Defendants named by the FBI include Abdiwahab Ahmed Mohamud, Ahmed Ali, Hussein Farah, Abdullahe Nur Jesow, Asha Farhan Hassan, Ousman Camara, and Abdirashid Bixi Dool, each charged with offenses ranging from wire fraud to conspiracy and money laundering.

Patel also said Abdimajid Mohamed Nur and others were charged in a separate attempt to bribe a juror with $120,000 in cash. He noted that several related cases have already resulted in guilty pleas, prison sentences of up to 10 years, and nearly $48 million in restitution orders.

Despite those outcomes, Patel warned the case is far from finished.

“The FBI believes this is just the tip of a very large iceberg,” he said, adding that investigators will continue following the money and that the probe remains ongoing. Patel further confirmed that many of those convicted are being referred to immigration authorities for possible denaturalization and deportation proceedings where legally applicable.

The renewed focus follows a viral video circulated by independent journalist Nick Shirley, which appeared to show multiple childcare and learning centers operating as empty or nonfunctional storefronts. The footage sparked immediate backlash from Republicans, including Vice President JD Vance.

House Majority Whip Tom Emmer accused Minnesota Gov. Tim Walz of sitting idle while massive sums were stolen from taxpayers. Walz addressed the allegations during a November press conference, before the full scope of the fraud became public, saying the scandal “undermines trust in government” and threatens programs meant to help vulnerable residents.

“If you’re committing fraud, no matter where you come from or what you believe, you are going to go to jail,” Walz said at the time.

Authorities say the alleged schemes date back to at least 2015, beginning with overbilling Minnesota’s Child Care Assistance Program and later expanding into Medicaid-funded disability and housing programs. One such housing initiative, aimed at helping seniors and disabled residents secure stable housing, was shut down earlier this year after officials cited what they described as large-scale fraud.

The fallout has already reached the federal level. Last month, President Trump announced the suspension of Temporary Protected Status for Somali nationals, arguing that Minnesota had become a hub for organized welfare fraud and money laundering activity.

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