Friday, 20 October 2017

Margrethe Vestager: The new age of corporate monopolies | TED Talk | TED.com

Margrethe Vestager: The new age of corporate monopolies | TED Talk | TED.com: "Margrethe Vestager wants to keep European markets competitive -- which is why, on behalf of the EU, she's fined Google $2.8 billion for breaching antitrust rules, asked Apple for $15.3 billion in back taxes and investigated a range of companies, from Gazprom to Fiat, for anti-competitive practices. In an important talk about the state of the global business, she explains why markets need clear rules -- and how even the most innovative companies can become a problem when they become too dominant.

"Real and fair competition has a vital role to play in building the trust we need to get the best of our societies," Vestager says. "And that starts with enforcing our rules."" 'via Blog this'

Digital debate will be first test of Tusk's new policy crowbar

Digital debate will be first test of Tusk's new policy crowbar: "In an earlier draft, leaders had said negotiations should finish before the end of 2017 on the free flow of non-personal data, and on the electronic communications code, but in the end the text gave negotiators of these two files until June 2018.

The electronic communications code deals with rules for telecommunication companies.

 They also gave the European Commission, in the final version, slightly more time to come up with "a European approach to artificial intelligence" – by early 2018, instead of by January 2018." 'via Blog this'

Wednesday, 18 October 2017

Sussex InfoLaw Research Seminars: Autumn 2017

The programme of autumn seminars (all at 1.30pm Wednesdays, bring your lunch):
8 Nov Freeman G16: Dr. Nicolo Zingales, The rise of Infomediaries and the marketization of data protection law
15 Nov Ashdown AH106: Dr. Andres Guadamuz
22 Nov Ashdown AH106: Dr Maria Frabboni
6 Dec Freeman G16: Prof. Chris Marsden, Net Neutrality and Zero Rating

Monday, 16 October 2017

41 percent of Android phones are vulnerable to 'devastating' Wi-Fi attack - The Verge

41 percent of Android phones are vulnerable to 'devastating' Wi-Fi attack - The Verge: "Android 6.0 and above contains a vulnerability that researchers claim “makes it trivial to intercept and manipulate traffic sent by these Linux and Android devices.”

41 percent of Android devices are vulnerable to an “exceptionally devastating” variant of the Wi-Fi attack that involves manipulating traffic. Attackers might be able to inject ransomware or malware into websites thanks to the attack, and Android devices will require security patches to protect against this.

Google says the company is “aware of the issue, and we will be patching any affected devices in the coming weeks.”" 'via Blog this'

SCL Junior Lawyers' Group event: GDPR in Practice - 6 Nov 2017, Baker/McKenzie London

SCL: SCL Junior Lawyers' Group event: The GDPR in Practice - Monday 6 November 2017, London: "With the GDPR fully effective in just six months' time, how are preparations progressing?
Our speakers are drawn from in-house, private practice and the Bar, and will offer their differing perspectives of implementing and advising on the GDPR.
Matthew Berridge will discuss the HR aspects of GDPR preparation, with a focus on privacy notices and consent, HR input to records of processing, and employee monitoring.
Gideon Shirazi will discuss hacking, data breaches and what happens when things go wrong. Our speakers are drawn from in-house, private practice and the Bar, and will offer their differing perspectives of implementing and advising on the GDPR.
The cost of attending this event is £10 + VAT (£12) for students and academics in full-time education. " 'via Blog this'

Saturday, 14 October 2017

OECD Digital Economy Outlook 2017 - en - OECD

OECD Digital Economy Outlook 2017 - en - OECD: "The biennial OECD Digital Economy Outlook examines and documents evolutions and emerging opportunities and challenges in the digital economy. It highlights how OECD countries and partner economies are taking advantage of information and communication technologies (ICTs) and the Internet to meet their public policy objectives. Through comparative evidence, it informs policy makers of regulatory practices and policy options to help maximise the potential of the digital economy as a driver for innovation and inclusive growth." 'via Blog this'

Friday, 13 October 2017

The crooked timber of humanity | 1843

The crooked timber of humanity | 1843: "The world’s first national data network was constructed in France during the 1790s. It was a mechanical telegraph system, consisting of chains of towers, each of which had a system of movable wooden arms on top. Different configurations of these arms corresponded to letters, numbers and other characters. Operators in each tower would adjust the arms to match the configuration of an adjacent tower, observed through a telescope, causing sequences of characters to ripple along the line. Messages could now be sent much faster than letters, whizzing from one end of France to the other in minutes. The network was reserved for government use but in 1834 two bankers, François and Joseph Blanc, devised a way to subvert it to their own ends." 'via Blog this'

SCL: Is Europe Moving Away from Protecting Online Platforms? C&L

SCL: Is Europe Moving Away from Protecting Online Platforms?: "The combination of proposed Article 13 of the draft Copyright Directive and the Commission's latest Communication will lead some to conclude that Europe is indeed moving away from protecting online platforms. It certainly appears that the two developments would place a much greater onus on platforms than is currently the case.

A fuller picture will be known in May 2018, when the Commission says the work of ensuring ‘swift and proactive detection and removal of illegal content online’ will be complete, and the Copyright Directive will be in final form.

But the direction in which European policy makers are heading is already evident.     

Nick Aries is a partner in Bird & Bird's IP Group. " 'via Blog this'

7th International Conference 'Law in Digital Era' — National Research University Higher School of Economics

7th International Conference 'Law in Digital Era' — National Research University Higher School of Economics: "The conference is organised by the International Laboratory for the Law for Information Technology and Intellectual Property Law at the Faculty of Law, Higher School of Economics
The aim of the conference is to elaborate proposals for further development of legislation in the digital economy.
The programme comprises a plenary session and sectional sessions at which presentations by leading Russian experts, researchers and practicing lawyers, as well as foreign specialists are planned." 'via Blog this'

Wednesday, 11 October 2017

Google CEO Sundar Pichai: 'I don't know whether humans want change that fast'

Google CEO Sundar Pichai: 'I don't know whether humans want change that fast' | Technology | The Guardian: "Another frequently raised concern is Google’s seemingly unstoppable growth: a year ago, it unveiled an initiative to reach “the next billion” smartphone users, targeting India with a handful of tools designed for mobiles with slow internet connections, including a version of YouTube.

 Isn’t this a kind of technological imperialism, bulldozing a way into the developing world? Pichai is prepared for this argument. “I want this to be a global company,” he argues. “But it is also important that we are a local company… We don’t build only Google products and services – we build an underlying platform, too, so that when you enable smartphones to work well in a country, you also bootstrap the entrepreneurial system there. The two go hand in hand.”

 His ambition is to make Android so cheap that it can be used as part of a $30 smartphone; Pichai has said before that he can see “a clear path” to five billion users." 'via Blog this'

Sunday, 8 October 2017

Thin underwater cables hold the internet. See a map of them all. -Vox

Thin underwater cables hold the internet. See a map of them all. - YouTube: "The internet is known to pulse through fiber optic cables and cell phone towers, but 99% of high-speed international information is transferred under the sea. How long has this been happening? Underwater cables delivering information isn't a novel idea — the first Transatlantic cable was laid in 1858—undersea cables have been around since the telegraph." 'via Blog this'

How Does the Internet Actually Work? - Cisco video arguing against strict net neutrality

How Does the Internet Actually Work? - YouTube: "Video describing how the Internet works and the role scheduling of Internet traffic plays in moving data to its final destination." 'via Blog this'

What is the World Wide Web? - The internet, explained - Vox

What is the World Wide Web? - The internet, explained - Vox: Useful basics explanation! 'via Blog this'

Wednesday, 4 October 2017

Brighton tech sector - Tech Nation 2017 - Tech City UK

Brighton tech sector - Tech Nation 2017 - Tech City UK:

"Brighton is where the arts fuse with technology. This seaside city is home to a plethora of digital advertising and marketing agencies, design studios and gaming studios.

Its strengths, however, are developing across the digital tech spectrum, supported by talent from the University of Sussex as well as Wired Sussex, a membership organisation which acts as a hub and initiator for the digital tech community.

What’s more, Brighton is awash with tech events with hackathons, skills swaps and Meetups taking place every day across the city." 'via Blog this'

Tuesday, 3 October 2017

CoRe: Online Gatekeeping and the Google Shopping Antitrust Decision:

CoRe - European Competition and Regulatory Law Review: Symposium on Google Search (Shopping) Decision ∙ Online Gatekeeping and the Google Shopping Antitrust Decision:: "Online Gatekeeping and the Google Shopping Antitrust Decision:
The Beginning of the End or the End of the Beginning?" 'via Blog this'

Europe 'to bill Amazon for Luxembourg back taxes' - BBC News

Europe 'to bill Amazon for Luxembourg back taxes' - BBC News: "The tax deal between Luxembourg and Amazon was struck in 2003.

At the time, Jean-Claude Juncker, the European Commission's president, was the prime minister of Luxembourg.  The European Commission declined to comment. Amazon was unavailable for comment.

Previously the EC has said that its "preliminary view is that the tax ruling... by Luxembourg in favour of Amazon constitutes state aid."" 'via Blog this'

Tackling ‘Illegal’ Content Online: The EC Continues Push for Privatised Law Enforcement | Center for Democracy & Technology

Tackling ‘Illegal’ Content Online: The EC Continues Push for Privatised Law Enforcement | Center for Democracy & Technology: "This may be read as a warning to online platforms to duly follow the Commission’s guidelines or else face legislation. In practice, this seems likely to mean: installation of filtering technologies, and demonstrable ‘progress’ in removal or prevention of content that public authorities and flaggers – trusted or not – allege could be hate speech or terrorist content.

Whether the content that is removed or prevented from appearing actually breaks the law is impossible to tell, and nothing in the Communication suggests that the question interests the Commission. There is no indication that the Commission intends to ensure transparency, accountability, due process and – most importantly – judicial oversight. Neither the IRU or the CoC maintains a public record of content that is flagged and removed, and no judge is ever consulted on the merits of the notifications. We and other organisations and policy-makers have raised these points repeatedly.

The European Commission and Member State policy makers should ensure that the many policy initiatives designed to sanitise online content scrupulously track the limits of the law. The legal and technical systems we put in place today to handle illegal and problematic content will shape access to information and opportunities to speak for years to come." 'via Blog this'

Amber Rudd accuses tech giants of 'sneering' at politicians - BBC News

Amber Rudd accuses tech giants of 'sneering' at politicians - BBC News: "Asked by an audience member if she understood how end-to-end encryption actually worked, she said: "It's so easy to be patronised in this business. We will do our best to understand it. We will take advice from other people but I do feel that there is a sea of criticism for any of us who try and legislate in new areas, who will automatically be sneered at and laughed at for not getting it right. I don't need to understand how encryption works to understand how it's helping - end-to-end encryption - the criminals. I will engage with the security services to find the best way to combat that."

Michael Beckerman, chief executive of the Internet Association, which represents Google, Microsoft, Amazon and other US tech giants, said it was an "understandable goal" for the home secretary to "want to remove it from end-to-end".
But, he went on, "since it is just math and it has been invented it can't uninvented"." 'via Blog this'

Saturday, 30 September 2017

Cultural diversity in cyberspace: The Catalan campaign to win the new .cat top level domain | Gerrand | First Monday

Cultural diversity in cyberspace: The Catalan campaign to win the new .cat top level domain | Gerrand | First Monday: "The history of the campaign to win .cat clearly began as an expression of traditional Catalan nationalism, as shown by the initial preference for a country code .ct that had no chance of being accepted by the ISO Standard 3166 or by ICANN.

Having been thwarted on that choice, the more astute protagonists developed the idea of ‘changing the passport for the dictionary’, putting aside any frustration with current political boundaries in Spain for the goal of achieving a truly global cultural focus in cyberspace for Catalan. Whereas support for .ct would have necessarily been limited to the region of Catalonia, the .cat concept was enthusiastically supported by 68,000 Catalan–speaking individuals and 98 organizations worldwide.

 But the last hurdles to be faced were the cultural ignorance of some key individuals in the ICANN decision–making processes, and the sensitivities of ICANN Board members to the known sensitivities of the U.S. Government, which has the ability to veto ICANN decisions. The same political sensitivities and cultural limitations will face other language communities wishing to use the .cat precedent to win sponsored Top Level Domains for their own global language–based culture.

 Winning a Top Level Domain will not be sufficient to promote much greater use or visibility of a ‘minority language’ in cyberspace. There are a number of important concomitant resources needed to promote the use of any language on the Internet. It is significant that the Catalans have covered all these bases through appropriate policies and investments." 'via Blog this'

Domains are power | The Outline

Domains are power | The Outline: "Top-level domains, or TLDs, sit at the top of the domain hierarchy. In 1985, there were just seven TLDs: .com, .org, .net, .edu, .gov, .arpa, and .mil. Today, there are more than 1,000 TLDs running the gamut from .uk to .gucci. One of them is .cat." 'via Blog this'

Friday, 29 September 2017

EU justice commissioner resists calls for legislation on online hate speech

EU justice commissioner resists calls for legislation on online hate speech | UK news | The Guardian: "Vera Jourova condemned Facebook as a “highway for hatred” on Thursday, but the former Czech minister said she was not yet ready to promote EU-wide legislation similar to that being pursued in the UK, France and Germany. “I would never say they [the UK, France and Germany] are wrong, but we all have the responsibility to react to this challenge with necessary and proportionate reaction,” she told the Guardian.

 In Britain, May is demanding that internet companies remove hateful content, in particular that aligned to terror organisations, within two hours of being discovered, or face financial sanctions. In June the prime minister agreed with the French president, Emmanuel Macron, that the UK and France would create a new legal liability for tech companies if they fail to remove inflammatory content.

Under a law due to come into effect next month in Germany, social media companies face fines of up to €50m (£43m) if they persistently fail to remove illegal content from their sites.

 The commission is instead offering further guidance to internet companies about how they improve their record by complying with a voluntary code of conduct drawn up last year and so far adopted by Facebook, Twitter and YouTube." 'via Blog this'

Monday, 25 September 2017

PornHub Has Spoken Out Against the Government's Plans for Age Checks on Porn | Gizmodo UK

PornHub Has Spoken Out Against the Government's Plans for Age Checks on Porn | Gizmodo UK: "To sum up, Price is of the opinion that parents are the ones responsible for controlling what their children access online, not the government, and has concerns that the law will not be equally applied to the four million sites that host adult content.

 These concerns also come shortly after PornHub was forced to bow to pressure from the Russian government, and implement similar age verification checks. These checks force Russian porn connoisseurs to log in with the social network VKontakte - which is linked to a user's phone number, which is in turn linked to a Russian passport.

 How the checks will be implemented in the UK has yet to be seen, and it begs the question of whether non-compliant sites will be blocked by the government." 'via Blog this'

Thursday, 21 September 2017

2017 is the year we realise we've been doing the Internet wrong

2017 is the year we realise we've been doing the Internet wrong: "But there is a seam of libertarianism in technology which sees it as above and beyond the state in general and regulation in particular. Even as a replacement for it. Who needs a public sector if you have dual core processing?  When tech was the poor relation in the global economy that could be interesting and disruptive. Now tech is the global economy, it is self-serving.

 These apps were developed in a time of neoliberal consensus. The state was beaten and bowed, shrunk to its role of uprooting barriers and getting out of the way of the brilliant, innovative, invisible hand of the private sector.  When I was at Ofcom in the 2000s we strove valiantly, day and night, to avoid any regulation of the internet, even where that included consumer rights and fairer power distribution." 'via Blog this'

We need universal digital suffrage to make technology work for us all | Prospect Magazine

We need universal digital suffrage to make technology work for us all | Prospect Magazine: "Universal Digital Suffrage

Reliable access to the internet is a prerequisite for being a digital citizen—but 14 per cent of adults said they did not have access to the internet at home in 2016.

The Tory/Lib Dem Coalition forgot digital inclusion for most of its tenure—when it finally remembered it demonstrated a poverty of ambition. Its target for inclusion was (and remains) 90 per cent. So one in ten will never have access to digital services.

And the current Government is so utterly unambitious about broadband provision that it has now re-announced the same pot of broadband money three times.

 In the 19th Century the Tories finally came round to the idea that universal suffrage was a democratic prerequisite. The task now is to make them understand the importance of universal digital suffrage—or elect a Labour government that does." 'via Blog this'

Running a responsible ccTLD - Nominet

Running a responsible ccTLD - Nominet: "For over twenty years we have been working to maintain the relevance, stability, security and safety of the .UK domain. We keep pace with the criminals, stay ahead of the trends and ensure everyone understands the benefits of being part of the UK’s namespace.

 Like many of our fellow ccTLD registries, we are alert to the multitude of cyber threats facing our industry. We have invested significantly in our infrastructure and have developed a sophisticated network analytics capability, which can process the billions of requests moving around our DNS infrastructure and provide actionable insight.

The DNS can identify unusual patterns and trends that can be indicative of network threats and potentially criminal behaviours. Using the data we gather, we can protect our DNS but also provide insight to third party clients using it to see what is happening with their own system, either to help mitigate a cyber attack or gather data in the aftermath.

 As a country code registry, it’s been important to maintain equitable access to the namespace." 'via Blog this'

Theresa May's speech is just the latest in politicians wilfully misunderstanding the internet

Theresa May's speech is just the latest in politicians wilfully misunderstanding the internet: " As is so often the case, The Daily Mail started it. After the Parsons Green attack last week, the newspaper wasted no time in allocating blame. A day after the tube bombing, the Mail's front page headline read: WEB GIANTS WITH BLOOD ON THEIR HANDS.   This isn't a new line of argument for the paper, which labelled Google "the terrorist's friend" after the Westminster attack in March.

As I wrote in the magazine back in April, the government (with the aid of particular papers) consistently uses the threat of terrorism to challenge tech giants and thus justify extreme invasions of our online privacy.

This year, Amber Rudd condemned WhatsApp's privacy-protecting encryption practices, the Snoopers' Charter passed with little fanfare, the Electoral Commission suggested social media trolls should be banned from voting, and now - just today - Theresa May has threatened web giants with fines if they fail to remove extremist content from their site in just two hours. 

 No one can disagree with the premise that Google, YouTube, and Facebook should remove content that encourages terrorism from their sites - and it is a premise designed to be impossible to disagree with. What we can argue against is the disproportional reactions by the government and the Mail, which seem to solely blame terrorism on our online freedoms, work against not with tech giants, and wilfully misunderstand the internet in order to push through ever more extreme acts of surveillance and censorship.

It is right for May to put pressure on companies to go "further and faster" in tackling extremism - as she is due to say to the United Nations general assembly later today. Yet she is demanding artificially intelligent solutions that don't yet exist and placing an arbitrary two hour time frame on company action.

In April, Facebook faced scrutiny after a video in which a killer shot a grandfather remained on the site for two hours. Yet Facebook actually acted within 23 minutes of the video being reported, and the delay was due to the fact that not one of their users flagged the content until one hour and 45 minutes after it had been uploaded. It is impossible for Facebook's team to trawl through everything uploaded on the site (100 million hours of video are watched on Facebook every day) but at present, the AI solutions May and other ministers demand don't exist. (And incidentally, the fact the video was removed within two hours didn't stop it being downloaded and widely shared across other social media sites). 

 As Jamie Bartlett, Director of the Centre for the Analysis of Social Media at Demos, told me after a home affairs committee report accused Facebook, Twitter, and YouTube of "consciously failing" to tackle extremism last year:

“The argument is that because Facebook and Twitter are very good at taking down copyright claims they should be better at tackling extremism. But in those cases you are given a hashed file by the copyright holder and they say: ‘Find this file on your database and remove it please’. This is very different from extremism. You’re talking about complicated nuanced linguistic patterns each of which are usually unique, and are very hard for an algorithm to determine.”

 At least May is in good company. Last November, health secretary Jeremy Hunt argued that it was up to tech companies to reduce the teenage suicide rate, helpfully suggesting "a lock" on phone contracts, referring to image-recognition technology that didn't exist, and misunderstanding the limitations of algorithms designed to limit abuse. And who can forget Amber Rudd's comment about the "necessary hashtags"? In fact, our own Media Mole had a round-up of blunderous statements made by politicians about technology after the Westminster attack, and as a bonus, here's a round-up of Donald Trump's best quotes about "the cyber".

But in all seriousness, the government have to acknowledge the limits of technology to end online radicalisation.

And not only do we need to understand limits - we need to impose them. Even if total censorship of extremist content was possible, does that mean its desirable to entrust this power to tech giants?

As I wrote back in April: "When we ignore these realities and beg Facebook to act, we embolden the moral crusade of surveillance. We cannot at once bemoan Facebook’s power in the world and simultaneously beg it to take total control. When you ask Facebook to review all of the content of all of its billions of users, you are asking for a God." " 'via Blog this'

Julia Reda MEP – What the Commission found out about copyright infringement but ‘forgot’ to tell us

Julia Reda – What the Commission found out about copyright infringement but ‘forgot’ to tell us: "Copyright policy is usually based on the underlying assumption that copyright infringement has a direct negative effect on rightsholders’ revenues.

The most recent example for this kind of reasoning is the Commission’s highly controversial proposal of requiring hosting providers to install content filters to surveil all user-uploaded content. The Commission claims this measure is necessary to address a “value gap”, a supposed displacement of value from licensed music streaming services to hosting services like YouTube, which host a mixture of licensed and unlicensed content.

To properly discuss such far-reaching proposals, we clearly need to have access to all available evidence on whether such displacement actually takes place in practice.

 This study may have remained buried in a drawer for several more years to come if it weren’t for an access to documents request I filed under the European Union’s Freedom of Information law on July 27, 2017, after having become aware of the public tender for this study dating back to 2013." 'via Blog this'

Wednesday, 20 September 2017

Annual Report 2017: Information Law Group

The Information Law Group was established in 2014-15 and seed-funded by LPS in 2015/16, in addition to its external funding from projects for the European Commission and the RDF in 2014/15. It held its second annual Seminar and other guest seminars, and first annual PhD and Work in Progress Workshops on 20 June 2016.
Six external seminars were organized in 2016/17:
·        3rd Annual Information Law Seminar by Prof. Roger Brownsword joint event with School of Law,
·        visiting speaker Hugh Tomlinson QC joint event with SCHRR,
·        Jeremy Olivier from Ofcom,
·        Prof. Andrea Matwyshyn from Northeastern University, 
·        Dr Mélanie Dulong de Rosnay from CNRS Paris, visiting at LSE,
Justin Walford, senior editorial counsel at The Sun newspaper
 Work in progress workshops were carried out on 3 May 2017, the PhD workshop in the morning and the Work in progress workshop in the afternoon (2pm-5.30pm). By holding both on the same day, we ensure that some professors attended the PhD workshop to give comments. There were 3 PhD presentations in the morning workshop, one internal to Sussex.There were six Works in Progress presented at the afternoon workshop, 2 internal to Sussex. The two discussants included one internal to Sussex. The external presenters were from Cambridge, Hertfordshire, Leeds and Tilburg/EBU, the external discussant was from LSE.
The attendance for both workshops was in total approximately twenty (including PhD students, speakers, discussants and chairs).
In the course of planning the workshops, we also collaborated with the Crime Research Group’s first Annuallecture, which meant attendees could also attend that lecture and reception after the conclusion of the work in progress seminar. 
A significant outcome from the first Annual Seminar (2015) is that Chris Marsden has been invited to present a paper at a conference at Georgetown University in February 2018, to be published in the Georgetown Law Technology Review. The timescale reinforces the fact that continued ongoing research planning produces results over time, and the three years of our establishment has resulted in visibility.
A result of the expansion of the Group, with the recruitment of Judith and Nicolo, and our expanding links to Engineering, Informatics, SPRU, IDS and the Sussex Humanities Lab/journalism programme, is that we plan to apply for the establishment of a more broad-based interdisciplinary Centre for Information Governance Research in academic year 2017/18.

Thursday, 14 September 2017

Australia poised for media mergers after ownership reforms

Australia poised for media mergers after ownership reforms: "Australian media companies Fairfax and News International have lobbied for an easing to ownership restrictions, which limit companies to owning two of the three main media interests — radio, newspaper and television. They argue that cut-throat competition for advertising from Facebook and Google makes reform necessary, while the rise of internet competitors means there would be no loss of media diversity.

 Pauline Hanson’s One Nation party also won a commitment from the government to: force the state broadcaster ABC to disclose all staff salaries above A$200,000; legislate to ensure ABC coverage is fair and balanced; and order a review into “competitive neutrality” in broadcasting.

The removal of the “two out of three” rules on cross media ownership could aid a consortium led by Lachlan Murdoch, co-chairman of News Corp, in its battle to take over Ten. Its previous “conditional” offer for the Australian broadcaster was complicated by Mr Murdoch’s ties with News Corp, which already owns radio and newspaper assets in Australia, and may have fallen foul of existing media laws." 'via Blog this'

Wednesday, 6 September 2017

GDPR – setting the record straight on data breach reporting | ICO Blog

GDPR – setting the record straight on data breach reporting | ICO Blog: "Data breach reporting makes sense under the new legislation which is focused on giving consumers more control over their data and increasing the accountability of organisations.

It’s also not unusual – almost all States in the US, some Canadian jurisdictions, and Australia have successfully tightened breach reporting as part of their legal framework.

We’re currently working alongside other EU data protection authorities as part of the Article 29 Working Party to produce guidance that will set out when organisations should be reporting, and the steps they can take to help meet their obligations under the new data breach reporting requirement. There are already some examples and explanation in our GDPR overview." 'via Blog this'

Wednesday, 9 August 2017

Queen's Speech and the promised “Data Protection (Exemptions from GDPR) Bill” - Hawktalk

Queen's Speech and the promised “Data Protection (Exemptions from GDPR) Bill” - Hawktalk: "There is no "phasing in" leeway and the GDPR becomes directly applicable next May, except in the areas where Member States are permitted by the GDPR to enact variations.  It follows that there is no need to legislate for the GDPR except to implement such variations and exclusions. The Bill should therefore not be called the “Data Protection Bill”; a more accurate Short Title would be the “Data Protection (Exemptions from the GDPR) Bill”." 'via Blog this'

Friday, 4 August 2017

China’s Unprecedented Cyber Law Signals Its Intent to Protect a Precious Commodity: Data - MIT Technology Review

China’s Unprecedented Cyber Law Signals Its Intent to Protect a Precious Commodity: Data - MIT Technology Review: "Among them is a requirement that certain companies submit their products to the government for cybersecurity checks, which may even involve reviewing source code. How often it would be required, and how the government will determine which products must be reviewed is unknown. This could come into play as part of China’s broader regulatory push to expand law enforcement’s power to access data during criminal investigations.

Another vague directive calls for companies to store certain data within the country’s borders, in the interest of safeguarding sensitive information from espionage or other foreign meddling. The government has delayed the implementation of this change until the end of 2018, however.

The reason for the delay seems to be that China wants its laws governing the cross-border flow of data to be “consistent with accepted international practices,” according to the authors of a recent research brief from the Eurasia Group, a political risk consultancy." 'via Blog this'

SCL: Digital Economy Act Commencement

SCL: Digital Economy Act Commencement: "The first commencement instrument under the Digital Economy Act 2017 has now been published. The Digital Economy Act 2017 (Commencement No. 1) Regulations 2017 (SI 2017/765) provide separate commencement dates for various provisions. The para numbering that follows reflect the content of the statutory instrument" 'via Blog this'

Thursday, 3 August 2017

Annual country reports on open internet from national regulators - 2017 | Digital Single Market

Annual country reports on open internet from national regulators - 2017 | Digital Single Market: "Annual reports of the national regulatory authorities (NRAs) on compliance with the provisions on open internet in their respective countries.

Today the Commission makes available on its website annual country reports from national regulators on open internet.

The reports were prepared by the national regulatory authorities (NRAs) and sent to the Commission and BEREC.

[Note - Germany and Sweden detail infringement proceedings in English - others are problematic unless you read Slovenian, Hungarian and Dutch]

They cover the first 12 months after the open internet rules became applicable on 30 April 2016.

The reports will serve as a basis for BEREC's Report on the implementation of the net neutrality rules expected by the end of the year. The reports will also be used by the Commission in the next Europe's Digital Progress Report in 2018." 'via Blog this'

Tuesday, 1 August 2017

Look out Silicon Valley, here comes Brit bruiser Amber Rudd to lay down the (cyber) law • The Register

Look out Silicon Valley, here comes Brit bruiser Amber Rudd to lay down the (cyber) law • The Register: "But for all her bluster, whenever it has come down to actual action, Rudd has backtracked from her bold position demanding changes to arguing that the internet giants need to "work with" the government.

A meeting between the Home Office and representatives of Facebook, Google, Microsoft and Twitter back in March was pushed by the UK government – and Rudd herself – as some kind of showdown.

 But in the end, all that emerged from the meeting was the weakest of promises that the companies would "look at all options for structuring a forum" where they would discuss the issues.

That outcome was called "a bit lame" by chair of the Home Affairs Select Committee Yvette Cooper, who complained: "All the government and social media companies appear to have agreed is to discuss options for a possible forum in order to have more discussions. Having meetings about meetings just isn't good enough."" 'via Blog this'

Pornography and digital rights | openDemocracy

Pornography and digital rights | openDemocracy: "UK society has been wrestling with moral and political questions of how to deal with pornography for nearly 400 years. In the intervening period it’s an issue which has been subject to numerous pieces of legislation regulating access to pornographic material in all its forms, from the Licensing Act 1737 (for plays) to the Obscene Publications Acts and the Video Recordings Act 1984. Such legislation has tended both to delimit what can be published and to set (age-limited) conditions for who can access it.

In this context, the UK government’s efforts to introduce household-level filtering could be seen as no more than appropriate efforts to ensure consistent application of already-agreed principles. There are, however, some crucial differences which make the question of how best to balance individual rights and interests far more difficult in the case of digital content.

The most important point concerns access to information." 'via Blog this'

No, the internet is not actually stealing kids’ innocence | Information Law & Policy Centre

No, the internet is not actually stealing kids’ innocence | Information Law & Policy Centre: "The evidence in support of effective public interventions is as limited as evidence of the harm these are designed to alleviate.

Still, the precautionary principle provides some legitimation for intervention – and there are solutions to be tried.

For example:

In a recent report, my colleagues and I proposed a series of possible legislative and industry strategies. Several have potential to reduce harm without unduly restricting either adults’ or children’s online freedoms.

In another report, we focused on the importance of better digital literacy and sexual education in schools, as well as constructive awareness-raising and support for parents.

In the 2017 report by the House of Lords, the focus was on improving the co-ordination of strategies across society, along with learning from the evaluation of what works and, more radically, introducing ethics-by-design into the processes of content and technological production to improve children’s online experiences in the first place." 'via Blog this'

Monday, 24 July 2017

Meet the man keeping 8chan, the world's most vile website, alive

Meet the man keeping 8chan, the world's most vile website, alive: "2channel is the forebear of all the other "chan" sites. It inspired a similarly-named imageboard called 2chan, that in turn inspired a 15-year old Poole to create 4chan in 2003. And then 4chan gave birth to 8chan. Such is the way of the internet: easily copied ideas and constant, but shallow, innovation." 'via Blog this'

Thousands march through Moscow for internet freedom as Russia cracks down ahead of election - ABC News

Thousands march through Moscow for internet freedom as Russia cracks down ahead of election - ABC News (Australian Broadcasting Corporation): "With presidential elections due in just eight months, the Kremlin is playing catch-up, introducing a flurry of new laws designed to bring the online space under its control.

 Draft legislation currently being pushed through parliament aims to force VPNs to block sites on a black list drawn up by the federal media watchdog, Roskomnadzor.

The new bill would outlaw VPN providers refusing to do so, and attempt to block them.

 Another law, now being put in place, demands internet providers keep a six-month record of all sites visited by users, and that all metadata be saved for three years.

It also requires messenger services to provide their encryption keys to allow the authorities access to private communications." 'via Blog this'

Tuesday, 18 July 2017

Cyberleagle: Worldwide search de-indexing orders: Google v Equustek

Cyberleagle: Worldwide search de-indexing orders: Google v Equustek: "The path that led to the SCC judgment was factually convoluted and dominated by the behaviour of the underlying defendant. The central role played by the pre-existing, apparently worldwide, order requiring Datalink to cease doing business on the internet is striking. If for no other reason, the case may come to be seen as one very much on its own facts.

 Where an apparent bad actor thumbs its nose at the court’s authority it is perhaps unsurprising that if a well-resourced global intermediary is haled into court, apparently able to take steps to mitigate damage to the plaintiff at little inconvenience to itself, the tribunal may (if satisfied that it has the power) be inclined to enlist its assistance.

 Nevertheless if a future court should contemplate a similar order then a more detailed identification of the rights and interests involved, analysis of any territorial aspects of those rights and consideration of the freedom of speech rights of internet users separate from the sensibilities of states may be key to arriving at an appropriate outcome." 'via Blog this'

Tuesday, 27 June 2017

Justice down the rabbit-hole: Fulford LJ on the Rise of the Cyber Judge - ICLR

Justice down the rabbit-hole: Fulford LJ on the Rise of the Cyber Judge - ICLR: "It is clear from as much of Lord Justice Fulford’s talk as I have been able to capture, and from his answer to Prof Marsden’s question, that little thought has been given either to the idea of open justice, or to any equivalent, for the online court, of the press bench and public gallery in a traditional bricks-and-mortar courtroom.

This is a major oversight, and one about which ICLR, as official publishers of The Law Reports, should be very concerned. " 'via Blog this'

Monday, 26 June 2017

SCL: Autonomous Vehicles: An Ethical and Legal Approach

SCL: Autonomous Vehicles: An Ethical and Legal Approach: "This is the essay from Lottie Michael which won the SCL Essay Prize for 2017 "Further to the consultation paper issued by the Department of Transport ‘Pathway to Driverless Cars: Proposals to Support Advanced Driver Assistance Systems and Automated Vehicle Technologies’ consider the legal implications of autonomous vehicles, and associated ethical issues." " 'via Blog this'

Tuesday, 13 June 2017

Two leading ladies of Europe warn that internet regulation is coming • The Register

Two leading ladies of Europe warn that internet regulation is coming • The Register: "Merkel has been pushing for a Europe-wide series of laws and rules to clamp down on such content. Over the weekend, she used her speech in Mexico to argue for global restrictions.

"We still have no international rules," she said, standing next to Mexican president Enrique Peña Nieto, warning that standards have been introduced erratically across the globe.

She spoke in favor of "sensible rules" and said that Germany would use its presidency of the G20 to develop a concrete set of digital policies at the forthcoming summit in Hamburg next month.

She drew parallels with a G20 agreement to deal with cyber attacks on the global banking system, and noted that Europe and the United States need to work together on new common standards." 'via Blog this'

Thursday, 1 June 2017

SCL: SCL Student Essay Prize 2017 Winner

SCL: SCL Student Essay Prize 2017 Winner: "Lottie is in her final (4th) year studying for a Law with European Legal Systems degree at the University of East Anglia. She is very interested in international security, counter-terrorism, technology and the law, and will be looking for a career path in this direction.

The two runners-up, Daniel Zwi and Ella Castle, both addressed the set question concerning the CJEU’s Mc Fadden judgment. Their
essays will be published on the SCL website." 'via Blog this'

Saturday, 27 May 2017

Bank of Canada says won't use blockchain for interbank payment system By Reuters

Bank of Canada says won't use blockchain for interbank payment system By Reuters: ""The bottom line is that a stand-alone DLT wholesale system is unlikely to match the efficiency and net benefits of a centralized system," wrote Carolyn Wilkins, senior deputy governor of the Bank of Canada, and Gerry Gaetz, Payments Canada president.
"At its heart, there exists a fundamental inconsistency or tension between a centralized wholesale interbank payment system, as we have now, and the decentralization inherent in DLT."" 'via Blog this'

Thursday, 25 May 2017

Audiovisual Media Services Directive reform: Document pool - EDRi

Audiovisual Media Services Directive reform: Document pool - EDRi: "On 25 May 2016, the European Commission proposed to reform the Audiovisual Media Services Directive (the “AVMS Directive” or “AVMSD”). The current AVMS Directive (2010) is the European Union (EU) legal framework that regulates traditional TV broadcasters and on-demand services in the EU Member States.

The AVMSD contains rules on audiovisual advertising; jurisdiction over providers; promotion of European works; and on providers’ obligations with regards to commercial communications, protection of minors from potentially harmful content, fight against “incitement to hatred”, among other measures. The new proposal broadens the scope of the Directive to cover the regulation of video-sharing platforms and potentially even other social media companies." 'via Blog this'

Cyberleagle: Time to speak up for Article 15

Cyberleagle: Time to speak up for Article 15: "The peculiar vice of compelled general monitoring, however, is that we never get to that point. If the filtered and blocked speech doesn’t see the light of day it never gets to be debated, prosecuted, tested, criticised or defended. To some, that may be a virtue not a vice" 'via Blog this'

SCL: Res Robotica! Liability and Driverless Vehicles

SCL: Res Robotica! Liability and Driverless Vehicles: "English lawyer Andrew Katz[17] suggests that robotic technology could be given an authenticated identity through the use of a trust scheme, one that is not mandatory, but failure to be party to it would render the owner of the technology strictly liable for its actions or omissions. As with Pagallo, Katz suggests that the peculium should be backed by an insurance policy.

Introducing the idea of a peculium linked to insurance could provide the legal flexibility required to accommodate the evolving technology[18] and tackling the problem of apportioning blame to a traditional legal person." 'via Blog this'

Sunday, 14 May 2017

Open Rights Group - NHS ransom shows GCHQ putting us at risk

Open Rights Group - NHS ransom shows GCHQ putting us at risk: "GCHQ are normally responsible for ‘offensive’ operations, or hacking and breaking into other networks. They also have a ‘defensive’ role, at the National Cyber Security Centre, which is meant to help organisations like the NHS keep their systems safe from these kinds of breakdown.

GCHQ are therefore forced to trade off their use of secret hacking exploits against the risks these exploits pose to organisations like the NHS.

They have a tremendous conflict of interest, which in ORG’s view, ought to be resolved by moving the UK defensive role out of GCHQ’s hands.

Government also needs to have a robust means of assessing the risks that GCHQ’s use of vulnerabilities might pose to the rest of us. At the moment, ministers can only turn to GCHQ to ask about the risks, and we assume the same is true in practice of oversight bodies and future Surveillance Commissioners. The obvious way to improve this and get more independent advice is to split National Cyber Security Centre from GCHQ." 'via Blog this'

Thursday, 11 May 2017

SCL: Smart and Connected Cities: Surmounting the Challenges

SCL: Smart and Connected Cities: Surmounting the Challenges: "The European Commission's Directorate-General for Energy recently published its final report on the study on ‘Smart Cities and Communities’, which looked at the opportunities and challenges faced when attempting to connect a city's infrastructure with the internet through the Internet of Things. The Report found that city-wide integration was rare in the majority of the sample cases it looked at. Instead, what was found were examples of ‘smart’ districts and specific sectors. 

While the Report suggested that there were not many examples of city-wide ‘smart’ initiatives, there are places where this is being attempted." 'via Blog this'

Copyright: blocking order against live streaming - FA Premier League Ltd v BT [2017] EWHC 480 (Ch)

Copyright: blocking order against live streaming - Lexology: "This is the first time that a blocking order has been ordered in respect of streaming servers. Therefore, while the decision involved the application of well-established principles since Football Association, the modification of the factors to be taken into account to address the different context is interesting. The order contained additional safeguards over and above those previously adopted in the context of website-blocking, notably the short duration of the order.

Case: Football Association Premier League Ltd v British Telecommunications Plc and others [2017] EWHC 480 (Ch)." 'via Blog this'

Tuesday, 9 May 2017

BBC iPlayer - Panorama - What Facebook Knows About You

BBC iPlayer - Panorama - What Facebook Knows About You: "Facebook is thought to know more about us than any other business in history, but what does the social network that Mark Zuckerberg built do with all of our personal information?
Reporter Darragh MacIntyre investigates how Facebook's powerful algorithms allow advertisers and politicians to target us more directly than ever before, and he questions whether the company's size and complexity now makes it impossible to regulate" 'via Blog this'

Saturday, 6 May 2017

First comprehensive map of the ‘dark web’ reveals a remarkably antisocial corner of the internet | Science | AAAS

First comprehensive map of the ‘dark web’ reveals a remarkably antisocial corner of the internet | Science | AAAS: Beyond the “surface web”—the parts accessible to search engines—there is a “deep web” containing (by one estimate) 500 times the content, secured in databases and hidden behind login screens. And within this deep web is a tiny corner known as the “dark web,” which requires special, anonymizing software such as the Tor Browser to access and contains everything from black markets selling drugs and counterfeit IDs to whistleblowing forums.

 Researchers have just conducted a comprehensive mapping of the dark web and found that it’s not much of a web at all. They started with a few central hubs in the “.onion” domain (sort of like .com on the surface web) and used an algorithm to crawl along links from site to site, finding only 7178 sites, connected to each other through 25,104 links. (Sites with no inbound links couldn’t be counted.)

Their key finding is that 87% of these dark web sites don’t link to any other sites. The dark web is more of a set of “dark silos,” they write in a preliminary paper posted on arXiv yesterday. Dark websites linked to surface websites and to other dark websites at the same rate, ruling out dark sites’ ephemerality as an explanation for their scant interconnections." 'via Blog this'

Wednesday, 3 May 2017

European Union Serious and Organised Crime Threat Assessment | Europol

European Union Serious and Organised Crime Threat Assessment | Europol: "Serious and organised crime in the EU features a great variety of criminal activities, which are increasing in complexity and scale. 

Criminals quickly adopt and integrate new technologies into their modi operandi or build brand-new business models around them. The use of new technologies by organised crime groups (OCGs) has an impact on criminal activities across the spectrum of serious and organised crime.

This includes developments online, such as the expansion of online trade and widespread availability of encrypted communication channels." 'via Blog this'

European Commission Mergers: Commission approves acquisition of LinkedIn by Microsoft, subject to conditions

European Commission - PRESS RELEASES - Press release - Mergers: Commission approves acquisition of LinkedIn by Microsoft, subject to conditions: "The Commission analysed potential data concentration as a result of the merger with regard to its potential impact on competition in the Single Market. Privacy related concerns as such do not fall within the scope of EU competition law but can be taken into account in the competition assessment to the extent that consumers see it as a significant factor of quality, and the merging parties compete with each other on this factor. In this instance, the Commission concluded that data privacy was an important parameter of competition between professional social networks on the market, which could have been negatively affected by the transaction.
 

The proposed commitments

To address the competition concerns identified by the Commission in the professional social network services market, Microsoft offered a series of commitments. These commitments include:



  • ensuring that PC manufacturers and distributors would be free not to install LinkedIn on Windows and allowing users to remove LinkedIn from Windows should PC manufacturers and distributors decide to preinstall it. 
  • allowing competing professional social network service providers to maintain current levels of interoperability with Microsoft's Office suite of products through the so-called Office add-in program and Office application programming interfaces. 
  • granting competing professional social network service providers access to "Microsoft Graph", a gateway for software developers. 
It is used to build applications and services that can, subject to user consent, access data stored in the Microsoft cloud, such as contact information, calendar information, emails, etc. Software developers can potentially use this data to drive subscribers and usage to their professional social networks.

The commitments will apply in the EEA for a period of five years and will be monitored by a trustee." 'via Blog this'

Tuesday, 2 May 2017

The Internet of Things | Digital Single Market

The Internet of Things | Digital Single Market: "The recently proposed "European data economy" initiative (January 2017) also contributes to the creation of a European single market for IoT. This initiative proposes policy and legal solutions concerning the free flow of data across national borders in the EU, and liability issues in complex environments such as the IoT one. Especially, liability is decisive to enhance legal certainty around the IoT products and services." 'via Blog this'

Thursday, 27 April 2017

Vietnam says Facebook commits to preventing offensive content | Reuters

Vietnam says Facebook commits to preventing offensive content | Reuters: "In February, communist Vietnam complained about "toxic" anti-government and offensive content on Facebook and Google Inc.'s YouTube and pressured local companies to withdraw advertising until the social media firms found a solution.

 Facebook's commitment came during a meeting between its Head of Global Policy Management Monika Bickert and Vietnamese information and communication minister Truong Minh Tuan in Hanoi on Wednesday, a statement on the government's website said.

 "Facebook will set up a separate channel to directly coordinate with Vietnam's communication and information ministry to prioritize requests from the ministry and other competent authorities in the country," the statement said.

 The firm will also remove fake accounts and fake content about senior government officials, it said.

A Facebook representative said the company had a clear and consistent process for governments to report illegal content." 'via Blog this'

Digital Economy Bill rubberstamped by MPs—broadband speed demand squished | Ars Technica UK

Digital Economy Bill rubberstamped by MPs—broadband speed demand squished | Ars Technica UK: "Earlier in the debate, Labour's Chi Onwurah flagged up the rights of citizens on the government's grand data sharing plans contained within the bill—which have undergone some amendments. Hancock snapped back: "the electioneering must have got into her."

He added that, "yes, there's more work to do" and referenced the EU's upcoming General Data Protection Regulation, which will come into force next year when the UK will still be a member of the bloc.

 But when pressed by Onwurah on whether "citizens own and control their own data," the minister responded: "Citizens elect the government and in many cases the government is responsible for the data, and having democratic legitimacy behind the control of data is critical to a functioning democracy."

 The Digital Economy Bill debate lasted less than 90 minutes, after which MPs waved through the government's amendments" 'via Blog this'

Court to Facebook: Stop harvesting users' WhatsApp personal data without consent | ZDNet

Court to Facebook: Stop harvesting users' WhatsApp personal data without consent | ZDNet: "Facebook wanted the Hamburg administrative court to suspend the privacy regulator's order while the case, which will need to decide jurisdictional issues, runs its course. The court largely refused to do so, for now. WhatsApp may not transfer the data of its 35 million German users to Facebook.

"This is good news for the many millions of people who use the WhatsApp messenger service in Germany every day," said Caspar in a statement. "They are not defenceless."

 Facebook told ZDNet it intends to appeal this part of the court's ruling. The company said it has paused the use of WhatsApp users' data across Europe, while it discusses the matter with regulators.

However, there was another element to Tuesday's decision that went in Facebook's favour: Caspar had also ordered the social media company to immediately delete the data of German WhatsApp users that it had already imported, but the court decided that Facebook could hold off doing so for now.

 In a separate case, Germany's consumer watchdogs in January sued Facebook over the data transfers, this time in Berlin. The associations' umbrella body, the VZBV, had issued a cease-and-desist order around the same time that Caspar made his order, but Facebook had refused to comply. 


The UK data-protection authority also told Facebook to cut it out in November, and the European Commission's antitrust department charged Facebook over the matter in December." 'via Blog this'

Hey, Computer Scientists! Stop Hating on the Humanities | WIRED

Hey, Computer Scientists! Stop Hating on the Humanities | WIRED: "There are many steps tech companies should take as well. Organizations should explore the social and ethical issues their products create: Google and Microsoft deserve credit for researching algorithmic discrimination, for example, and Facebook for investigating echo chambers. Make it easier for external researchers to evaluate the impacts of your products: be transparent about how your algorithms work and provide access to data under appropriate data use agreements. (Researchers also need to be allowed to audit algorithms without being prosecuted.) Ask social or ethical questions in hiring interviews, not just algorithmic ones; if hiring managers asked, students would learn how to answer them. (Microsoft’s CEO was once asked, in a technical interview, what he would do if he saw a baby lying in an intersection: the obvious answer to pick up the baby did not occur to him)." 'via Blog this'

Police around the world learn to fight global-scale cybercrime

Police around the world learn to fight global-scale cybercrime: "The multinational cooperation involved in successfully taking down the Avalanche network can be a model for future efforts in fighting digital crime.

Coordinated by Europol, the European Union’s police agency, the plan takes inspiration from the sharing economy.

Uber owns very few cars and Airbnb has no property; they help connect drivers and homeowners with customers who need transportation or lodging. Similarly, while Europol has no direct policing powers or unique intelligence, it can connect law enforcement agencies across the continent.

This “uberization” of law enforcement was crucial to synchronizing the coordinated action that seized, blocked and redirected traffic for more than 800,000 domains across 30 countries.

Through those partnerships, various national police agencies were able to collect pieces of information from their own jurisdictions and send it, through Europol, to German authorities, who took the lead on the investigation. Analyzing all of that collected data revealed the identity of the suspects and untangled its complex network of servers and software. The nonprofit Shadowserver Foundation and others assisted with the actual takedown of the server infrastructure, while anti-virus companies helped victims clean up their computers." 'via Blog this'

Wednesday, 26 April 2017

AI report fed by DeepMind, Amazon, Uber urges greater access to public sector data sets | TechCrunch

AI report fed by DeepMind, Amazon, Uber urges greater access to public sector data sets | TechCrunch: "Ultimately, the report does call for “urgent consideration” to be given to what it describes as “the ‘careful stewardship’ needed over the next ten years to ensure that the dividends from machine learning… benefit all in UK society.” And it’s true to say, as we’ve said before, that policymakers and regulators do need to step up and start building frameworks and determining rules to ensure machine learning technologists do not have the chance to asset strip the public sector’s crown jewels before they’ve even been valued (not to mention leave future citizens unable to pay for the fancy services that will then be sold back to them, powered by machine learning models freely fatted up on publicly funded data).

 But the suggested 10-year time frame seems disingenuous, to put it mildly. With — for instance — very large quantities of sensitive NHS data already flowing from the public sector into the hands of one of the world’s most market capitalized companies (Alphabet/Google/DeepMind) there would seem to be rather more short-term urgency for policymakers to address this issue — not leave it on the back burner for a decade or so. Indeed, parliamentarians have already been urging action on AI-related concerns like algorithmic accountability." 'via Blog this'

Tuesday, 25 April 2017

These internet firsts will remind you how far we've come - Business Insider

These internet firsts will remind you how far we've come - Business Insider: "In October 1969, UCLA student Charley Kline was attempting to send the word “login” over to the Stanford Research Institute using the internet’s precursor: ARPANET.

At first, the system crashed, only managing to send the letters “i” and “o”. But an hour or so later, the full message was successfully sent and history was made:" 'via Blog this'

Monday, 24 April 2017

SCL: European Net Neutrality, at last?

SCL: European Net Neutrality, at last?Luca Belli and Chris Marsden review the long history of developments, and the latest position, on net neutrality in Europe, amid some hopeful signs. 

Net neutrality is the principle mandating that internet traffic be managed in a non-discriminatory fashion, in order to fully safeguard internet users' rights. On 30 August 2016, all EU and EEA members finally obtained guidance on how to implement sound net neutrality provisions. The path has been tortuous and uneasy, starting from 'not neutrality', reaching an open Internet compromise and, finally, attaining net neutrality protections. In this article, we aim briefly to recount how net neutrality evolved in Europe and how much significant progress has been made by the recently adopted net neutrality Guidelines. 'via Blog this'

Saturday, 15 April 2017

The Low-Down: Streaming Now Makes Most of the US Music Industry's Revenue

The Low-Down: Streaming Now Makes Most of the US Music Industry's Revenue: "Overall last year, retail revenues from recorded music in the US grew 11.4 percent to $7.7 billion, the biggest gain since 1998, according to the RIAA. Even with such growth the industry is still licking its wounds from the last decade and a half -- sales remain about half what they were in 1999, the heyday of the CD.
Subscriptions, like the monthly fees for Apple Music or Spotify's paid tier, were the biggest money maker at $2.3 billion, and they basically doubled from a year earlier, the RIAA said." 'via Blog this'

Thursday, 13 April 2017

FCA Publishes Discussion Paper on the Regulation of DLT (blockchains)

FCA Publishes Discussion Paper on the Regulation of DLT: "The FCA continues its ‘wait-and-see’ approach before considering changes to its framework. It will instead explore emerging business models and continue to help innovators test-bed solutions in its regulatory sandbox.

 The FCA remains technology neutral/ agnostic but it is encouraging to note its approach to resilience and openness to regulating on technology outcomes, in line with statutory objectives.

The paper also recognises that DLT is not a panacea and that market outcomes like faster payments could be delivered by other technologies. It is indicative however of an increasingly mature approach to technology risk and the paper does recognise DLT’s innovative potential for record-keeping and efficiency.

 With a voluntary standards process also underway and increasing regulatory accommodation, end-users will be more accepting of the increasing trust that DLT affords, allowing benefits around efficiency, transparency and provenance to be fully realised. This much is very encouraging for UK DLT and cements the UK’s position as a global fintech hub with a forward-looking regulatory regime." 'via Blog this'

Wednesday, 12 April 2017

Where to after Watson: The challenges and future of data retention in the UK (BIICL)

Where to after Watson: The challenges and future of data retention in the UK (BIICL): "The judgment of the CJEU in the Watson case was handed down shortly before the year's end in 2016. The determination that member states may not impose on communications providers a general obligation to retain data was applauded by privacy groups and has undoubtedly caused disquiet among those involved policing and intelligence. What parliamentarians and judges will make of it in the coming months - and, post-Brexit, years - is both uncertain and important.

In this event experts will examine the strengths, weakness and implication of the decision, with an eye to rights protections, the need to combat serious crime, and the practicalities of managing both in light of the European Court's decision." 'via Blog this'

Monday, 10 April 2017

Balkinization: Assessing Algorithmic Authority

Balkinization: Assessing Algorithmic Authority: "Compared to these examples, the obscurity at the heart of our "cultural voting machines" (as I call dominant intermediaries) may seem trivial. But when a private entity grows important enough, its own secret laws deserve at least some scrutiny.

 I have little faith that such scrutiny will come any time soon. But until it does, we should not forget that the success of algorithmic authorities depends in large part on their owners' ability to convince us of the importance--not merely the accuracy--of their results. A society that obsesses over the top Google News results has made those results important, and we are ill-advised to assume the reverse (that the results are obsessed over because they are important) without some narrative account of why the algorithm is superior to, say, the “news judgment” of editors at traditional media.

(Algorithmic authority may simply be a way of rewarding engineers (rather than media personalities) for amusing ourselves to death.) " 'via Blog this'

Data Ethics Group - The Alan Turing Institute

Data Ethics Group - The Alan Turing Institute: "Made up of academics specialising in ethics, social science, law, policy-making, and big data and algorithms, the Data Ethics Group will drive the Institute’s research agenda in data ethics, and work across the organisation to provide advice and guidance on ethical best practice in data science.

The Group will work in collaboration with the broader data science community, will support public dialogue on relevant topics, and will set open calls for participation in workshops, as well as public events.

In a connected project, The Alan Turing Institute is participating in the Royal Society and British Academy project on data governance." 'via Blog this'

Do robots have rights? The European Parliament addresses artificial intelligence and robotics

Do robots have rights? The European Parliament addresses artificial intelligence and robotics: "The European Parliament has put forward initial proposals in its resolution on legal rules for machines that are able to act with a high degree of autonomy and take their own decisions through being equipped with AI and having physical freedom of movement.

This will not be the final word on the matter from a legal perspective, and we are still some years away from corresponding laws being enacted. In the meantime, technical development in the field of AI and robotics will not wait for national or European lawmakers and is set to continue unabated. It remains to be seen whether technical progress might not soon overtake the legal discussion.

 Aside from the legal issues surrounding robotics, lawyers will be interested to see how AI finds its way into our own professional lives. There has been a lot of talk recently about legal tech and digital transformation in relation to legal advice. Yet just looking at the numerous new legal issues that arise in connection with AI and robotics, robots appear to be creating as much new work for us on the one hand as intelligent assistants will be able to take over on the other." 'via Blog this'

Sunday, 9 April 2017

International stakeholder engagement - Ofcom

International stakeholder engagement - Ofcom: "Ofcom hosts an International Stakeholders Forum (ISF) every 4 months. This is the primary means through which we aim to update UK stakeholders on our international activities. We also use these as an opportunity to share information, as well as impressions, on international policy developments.  As well as this forum, we hold dedicated spectrum briefing sessions, details of which can be found here.

 For further information on these meetings and if you want to be added to the circulation list please email ofcom.international@ofcom.org.uk" 'via Blog this'

The ongoing war on encryption – TechnoLlama

The ongoing war on encryption – TechnoLlama: "Calls to have technology firms offer backdoor access to private and encrypted communications must be read as a call to endanger everyone’s communications by making them easier to read by hackers. Moreover, encryption is not proprietary, it is just a clever use of maths, and there is no way that governments will ever be able to ban that.

If somehow an app is made vulnerable, terrorists will move to another method, and we the public will still be left vulnerable.

But you may argue that we should never give up, and that the fight against terrorism is a worthy cause. It certainly is, but we cannot give up our expectations of security on the assumption that somewhere a terrorist is using an encrypted tool to communicate with one another. There is little evidence that this is the case, and even strong evidence to the contrary. The Paris terrorists used unencrypted burner mobile phones to communicate, and also favoured face to face contact.

 We cannot give away our rights based on fables and ignorance." 'via Blog this'

From Smart Cities 1.0 to 2.0: it's not (only) about the tech

From Smart Cities 1.0 to 2.0: it's not (only) about the tech: "Today’s Internet of Things technologies, data analytics platforms and sensor-enabled services are sure to deliver new ways to understand, visualise and analyse the nature and scale of many of our most pressing urban challenges.

 But solving challenges such as waste management, urban liveability and land-use planning will require more than technology investments, data-capture services or digital prototypes. Solutions will also depend on effective long-term partnerships within and beyond government.

While the digital infrastructure is no doubt important, it will be the city governments that invest in new ways to collaborate and co-innovate that will ultimately lead the way in delivering the smarter, more responsive services our cities so desperately need." 'via Blog this'

Saturday, 8 April 2017

Bundeskartellamt 18th Conference on Competition, Berlin, 16 March 2017 | European Commission

Bundeskartellamt 18th Conference on Competition, Berlin, 16 March 2017 | European Commission: "The challenges that automated systems create are very real. If they help companies to fix prices, they really could make our economy work less well for everyone else.

So as competition enforcers, we need to keep an eye out for cartels that use software to work more effectively. If those tools allow companies to enforce their cartels more strictly, we may need to reflect that in the fines that we impose.

And businesses also need to know that when they decide to use an automated system, they will be held responsible for what it does. So they had better know how that system works.

 In The Hitchhiker's Guide to the Galaxy, the Guide in question was a sort of electronic book. Although it was often wildly inaccurate, it was also a huge success. That was partly because of the words printed in big, friendly letters on the cover: “Don't Panic”.

I think that's good advice. We certainly shouldn't panic about the way algorithms are affecting markets." 'via Blog this'

The IPKat: First live blocking order granted in the UK

The IPKat: First live blocking order granted in the UK: "This is an important order that demonstrates how technological advancement prompts a re-consideration of traditional approaches, including whether intermediary injunctions should be only aimed at blocking access to infringing websites [the answer appears to be no, and this order may pave the way to even more creative enforcement strategies in the future].

 Arnold J's decision shows how the law - including the one on blocking orders - is subject to evolution. This is so also to permit that the 'high level of protection' that the InfoSoc Directive [from which s97A CDPA derives] intends to provide is actually guaranteed.

 As far as the GS Media 'profit-making intention' is concerned, to some extent the view of Arnold J appears somewhat narrower (but practically not dissimilar) than that of other courts, eg the District Court of Attunda in Sweden [here, here, and here] that have applied GS Media so far. Further applications of GS Media by UK courts are however keenly awaited." 'via Blog this'

Wednesday, 5 April 2017

Finding Proportionality in Surveillance Laws – Andrew Murray, Inforrm's Blog

Finding Proportionality in Surveillance Laws – Andrew Murray | Inforrm's Blog: "Much of the Bill’s activity is to formalise and restate pre-existing surveillance powers. One of the key criticisms of the extant powers of the security and law enforcement services is that the law lacks clarity. Indeed it was this lack of clarity which led the Investigatory Powers Tribunal to rule in the landmark case of Liberty v GCHQ that the regulations which covered GCHQ’s access to emails and phone records intercepted by the US National Security Agency breached Articles 8 and 10 of the European Convention on Human Rights.

Following a number of strong critiques of the law including numerous legal challenges the Government received three reports into the current law: the report of the Intelligence and Security Committee of Parliament, “Privacy and Security: A modern and transparent legal framework”; the report of the Independent Reviewer of Terrorism Legislation. “A Question of Trust”; and the report of the Royal United Services Institute: “A Democratic Licence to Operate”. All three reported deficiencies in the law’s transparency.

 As a result the Bill restates much of the existing law in a way which should be more transparent and which, in theory, should allow for greater democratic and legal oversight of the powers of the security and law enforcement services. In essence the Bill is split into sections: interception, retention, equipment interference and oversight, with each of the three substantive powers split again into targeted and bulk." 'via Blog this'

Tim Berners-Lee: selling private citizens' browsing data is 'disgusting' Guardian

Tim Berners-Lee: selling private citizens' browsing data is 'disgusting' | Technology | The Guardian: "The Twitter folks, who crowed about how great anonymity was for the “Arab spring” – never say that without quotes – then suddenly they find that this anonymity is really not appreciated when it’s used by nasty misogynist bullies and they realize they have to tweak their system to limit not necessarily behavior but the way it propagates. They’ve talked about using AI to distinguish between constructive and unconstructive comments; one possibility is that by tweaking the code in things, you can have a sea change in the way society works." 'via Blog this'

Final Programme: PhD WIP workshop 3 May 11am-1pm

Speakers: 
Elif Mendos Kuşkonmaz (Queen Mary University of London): The EU-US PNR Agreement under EU Privacy & DP law
-  Paul Pedley (City, University of London): Protecting the privacy of library users
-  Maria Bjarnadottir (Sussex): Who is the guarantor of human rights on the internet?
Chair: Chris Marsden (Sussex)
Discussants: Nico Zingales (Sussex), Andres Guadamuz (Sussex). 
Logistics: 11am-1pm 3 May in the Moot Room, Freeman Building,University of Sussex.
Afternoon Workshop: all PhD attendees are registered to attend the afternoon workshop 2pm-5.30pm F22 without charge (programme here), the evening lecture by the Europol Director, and the drinks reception in Fulton B at 6.30pm.

UPDATE: Special guest speaker and drinks reception for Annual WIP Seminar

In addition to a packed afternoon of talks - and a morning PhD WIP workshop - we will also be able to attend the Annual Lecture by Rob Wainwright, Director of Europol, whose talk is likely to touch on issues of cybercrime and online liability. This will run 5.30-6.30pm - the afternoon concludes with a free drinks reception outside Fulton B from 6.30pm onwards.