[ORG PM] ORG policy update 15 December 2017

Fri Dec 15 13:33:28 GMT 2017

https://wiki.openrightsgroup.org/wiki/ORG_policy_update/2017-w50

  ORG policy update/2017-w50

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This is ORG's Policy Update for the week beginning 11/12/2017.

If you are reading this online, you can also subscribe to the email
version or unsubscribe
<https://lists.openrightsgroup.org/listinfo/parliamentary.monitor>.

    ORG’s work

  * ORG is running a petition against the Government’s proposals to
    criminalise repeated viewing of online terrorist propaganda and
    compelling internet companies to police their own networks. Sign the
    petition here!
    <https://action.openrightsgroup.org/censorship-and-control-are-not-answer-extremism>
  * ORG recently relaunched an improved version of the Blocked!
    <https://www.blocked.org.uk> tool. The new version has improved
    search capabilities, makes it easier to submit unblock requests to
    ISPs, and has expanded the number of probes available for service
    providers.
  * ORG drafted and submitted 3 Data Protection briefings for peers in
    the the House of Lords, on the proposed immigration exemptions
    <https://www.openrightsgroup.org/ourwork/reports/immigration-exemptions:-government-position-open-rights-group-response>,
    the Article 80(2) proposals
    <https://www.openrightsgroup.org/ourwork/reports/collective-redress:-cheatsheet>,
    and the proposed Clause 173 amendment
    <https://www.openrightsgroup.org/ourwork/reports/amendments%E2%80%8B-%E2%80%8Bto%E2%80%8B-%E2%80%8Bclause%E2%80%8B-%E2%80%8B173%E2%80%8B-%E2%80%8B:%E2%80%8B-%E2%80%8Bsupporting%E2%80%8B-%E2%80%8Bconsumer%E2%80%8B-%E2%80%8Brights%E2%80%8B-%E2%80%8Bfor%E2%80%8B-%E2%80%8Ball>.
  * ORG also submitted a joint briefing to peers, written in conjunction
    with the3million <https://www.the3million.org.uk> and covering the
    DPBill immigration exemption.

    Official meetings

  * Jim Killock attended a "Complicity and Counterterrorism" roundtable
    on Monday 11 Dec, which looked at Parliament’s powers to scrutinise
    the UK’s counterterrorism partnerships. The event was organised by
    the All-Party Parliamentary Groups on Drones, Extraordinary
    Rendition, and Rule of Law.
  * Jim Killock gave an interview to BBC Radio 4's Week in Westminster
    <http://www.bbc.co.uk/programmes/b006qjfq> programme about the
    Committee on Standards in Public Life's recommendations to Theresa
    May that social media companies should be held accountable as
    publishers for the content they carry. The programme is to be aired
    on Saturday 16 December.

    UK Parliament

      Data Protection Bill enters House of Lords Report stage

The Data Protection Bill entered Report stage in the House of Lords this
week, with sittings being held on Monday 11 Dec and Wednesday 13 Dec.

The immigration exemption contained in the Bill was discussed in the
report sitting on the 13 Dec. Baroness Hamwee and Lord Paddick tabled an
ORG-supported amendment (Amendment 42
<http://lordsamendments.parliament.uk/LordsAmendment/2017-2019/DataProtectionBill/Report/10476/2158>),
which proposed to entirely delete the exemption from the Bill. The
amendment was voted down in a division
<http://hansard.parliament.uk/Lords/2017-12-13/debates/9622571E-8F1E-43F8-B018-C409A3129553/DataProtectionBill%28HL%29#division-9396>,
by 222 votes to 92.

The Government tabled their own amendment to the immigration exemption,
Amendment 44
<http://lordsamendments.parliament.uk/LordsAmendment/2017-2019/DataProtectionBill/Report/10437/2158>,
which was supported by Labour. This amendment was accepted into the
Bill, but did not address any of ORG's issues with the immigration
exemption.

ORG's other primary interest, Article 80(2) amendments to the bill were
not debated in this week's report sittings. The 80(2) amendment would
allow consumer groups like the Open Rights Group to take independent
action against entities who have been abusing data protection law. If
successful, not for profit bodies could take action on behalf of data
subjects without having to seek their mandate. The amendment would
create similar enforcement powers for data protection as in others
consumer rights like finance, and competition. It is expected that this
will be discussed during the third Report sitting, to take place on 11
January.

Future amendments, as well as amendments that have already been debated
are available here
<https://services.parliament.uk/bills/2017-19/dataprotection/documents.html>.

    Other national developments

      Ethics advisory body urges Government to shift liability for
      illegal content online towards social media companies

On Wednesday, the Committee on Standards in Public Life
<https://wiki.openrightsgroup.org/wiki/Committee_on_Standards_in_Public_Life>
published a report entitled Intimidation in Public Life
<https://www.gov.uk/government/publications/intimidation-in-public-life-a-review-by-the-committee-on-standards-in-public-life>.
The report considers the issues posed by internet abuse targeting public
figures, noting that:

    In recent years, the intimidation experienced by Parliamentary
    candidates, and others in public life, has become a threat to the
    diversity, integrity, and vibrancy of representative democracy in
    the UK.

The report's findings have been interpreted as presenting support for
the Digital Charter
<https://wiki.openrightsgroup.org/wiki/Digital_Charter>, and it makes a
number of recommendations, including a suggestion that the Government
should bring forward legislation to shift the liability of illegal
content online towards social media companies. The report also
recommends compelling social media networks to implement automated
techniques to identify potentially intimidatory content posted on their
services, and use the information to take down content as rapidly as
possible.

ORG is concerned that the report's recommendations will result in
overblocking by social media firms - as they rush to remove content as
rapidly as possible to avoid penalties or fines.

Further details, and a breakdown of more of the report's
recommendations, are available on this ORG Wiki page
<https://wiki.openrightsgroup.org/wiki/Committee_on_Standards_in_Public_Life/Intimidation_in_Public_Life>.

      Government proposes BBFC as regulator for age verification for
      online pornography

On Thursday, the Government issued a press release
<https://www.gov.uk/government/news/bbfc-proposed-to-enforce-age-verification-of-online-pornography>
naming the BBFC as their preferred regulator for age verification
services for online pornography. The regulator is designated under s.16
Digital Economy Act 2017
<https://wiki.openrightsgroup.org/wiki/Digital_Economy_Act_2017> and is
responsible for ensuring that pornographic sites comply with their
obligation to verify the age of visitors before serving them
pornographic content.

The regulator is granted the power to give notice to sites that they are
not complying with AV regulations (s.21), or to instruct ISPs to block
sites outright if they do not comply (s.23).

As per s.17 Digital Economy Act 2017, the Government’s proposal must be
approved by Parliament before the BBFC is officially designated as the
age-verification regulator.

      Changes proposed to Scottish defamation law to take into account
      the growth of the internet and social media

The Scottish Law Commission has published a report on defamation
<https://www.scotlawcom.gov.uk/law-reform/law-reform-projects/defamation/>
for MSPs, including a draft bill, to consider radical changes to the law
of defamation that take into account the growth of the internet and
social media. The Commission claim that the changes bring Scots Law up
to date while protecting freedom of expression.

The report makes a number of recommendations, including that a
defamatory statement should "only be actionable where it is published to
someone other than the person who is the subject of it". In justifying
this, the report noted that it had considered the primary function of
defamation law, namely to protect a person's reputation, and noted that
a reputation could not be damaged by a statement without an audience.

The report also recommends that cases should not be allowed to be
brought where the person being defamed is deceased and, as a
precautionary measure against defamation being used as a silencing
measure by the rich and powerful, that there should be no right to sue
unless it is clear that a statement has caused serious harm to reputation.

Further recommendations can be found in the full report here
<https://www.scotlawcom.gov.uk/index.php/download_file/view/2001/821/>.

      Government update on the upcoming biometrics strategy

Baroness Williams has reported
<http://www.parliament.uk/documents/commons-committees/science-technology/Correspondence/171130-BWT-to-Chair-biometric-strategy.pdf>
that the Home Office biometrics strategy and Government policy on the
Police use of facial recognition systems will be published next year.

The report contains some details about the forthcoming strategy,
including that the remit of the Biometrics and Forensics Ethics Group
has been extended from DNA and fingerprints to all biometrics, and that
the College of Policing’s Authorised Professional Practice (APP) has
been updated to reflect that the police have the right to retain the
image of an unconvicted person if there is an exceptional reason to do so.

Tech media outlet /The Register/ reports
<https://www.theregister.co.uk/2017/12/14/ukgov_pushes_back_biometrics_strategy_again_but_will_use_the_tech_in_the_meantime>
that the Home Office has delayed publication of this strategy multiple
times since 2012, and notes that the technology is already in use, for
example at the last two Notting Hill Carnivals.

    International developments

      Vote on FCC's net neutrality repeal

On Thursday 14 December, the Federal Communications Commission in the
United States voted to repeal Obama-era net neutrality provisions which
were originally approved by the Commission in 2015. Under the
now-approved proposal, the FCC has removed rules banning ISPs from
blocking or restricting access to online content, and removed a rule
barring providers from prioritising their own content or services.

If the USA removes protection for net neutrality, this will likely bring
pressure on Europe to follow suit. European net neutrality protections
are already insufficiently strong, being abused by mobile providers
selling data packages that favour sites like Facebook over their
competitors. The conflict will be presented by lobbyists as a balancing
act to force US internet companies to share their wealth with European
telecoms companies providing the underlying infrastructure. The truth is
that this will simply consolidate the power of the big internet
behemoths at the expenses of SMEs, non-profits and startups. Facebook
and Google don’t need extra help from special deals with telcos to
dominate the market. The EU and UK need to step up and protect values of
openness and competition that Trump’s government are busy abandoning.

    Questions in the UK Parliament

      Question on police use of facial recognition technology

Louise Haigh MP
<https://wiki.openrightsgroup.org/w/index.php?title=Louise_Haigh_MP&action=edit&redlink=1>
asked <https://www.theyworkforyou.com/wrans/?id=2017-12-07.118230.h> the
Secretary of Sate for the Home Department what guidance has been issued
to police forces on their use of facial recognition technology and data
protection.

Nick Hurd replied that all forces were required to show regard to the
Surveillance Camera Code of Practice
<https://www.gov.uk/government/publications/surveillance-camera-code-of-practice>
in their use of overt surveillance camera systems.

      Question on third-party trackers in Android apps

Chi Onwurah MP <https://wiki.openrightsgroup.org/wiki/Chi_Onwurah_MP>
asked <https://www.theyworkforyou.com/wrans/?id=2017-12-05.117508.q0>
the Secretary of State for Digital, Culture, Media and Sport what
assessment had been made about the potential privacy implications of
third-party trackers in Android apps for UK citizens.

Matthew Hancock answered that the Government takes "both the protection
of personal data and the right to privacy extremely seriously", and that
the Data Protection Bill would "make our data protection laws fit for
the digital age in which an ever increasing amount of data is being
processed".

      Written question about cyber attack statistics

Jon Trickett asked
<https://www.theyworkforyou.com/wrans/?id=2017-12-05.117685.h> how many
incidents relating to cyber attacks had been dealt with by GCHQ in each
of the last twelve months.

Caroline Nokes responded that the first annual review of the National
Cyber Security Centre
<https://wiki.openrightsgroup.org/wiki/National_Cyber_Security_Centre>
was published in October 2017 and reported that the NCSC dealt with 590
significant cyber investigations in its first twelve months of operation.

    ORG media coverage

/See ORG Press Coverage
<https://wiki.openrightsgroup.org/wiki/ORG_Press_Coverage> for full
details./

2017-12-12-The Canary-The right-wing press has launched a front-page war
against social media. It’s obvious why.
<https://www.thecanary.co/uk/2017/12/12/right-wing-press-launched-front-page-war-social-media-obvious-images/>
    Author: James Wright
    Summary: Jim Killock quoted in a story about Theresa May's ethics
    watchdog issuing a recommendation for laws to be enacted treating
    social media platforms as publishers of the content they carry.
    Topics: Online censorship
    <https://wiki.openrightsgroup.org/wiki/Online_censorship>
2017-12-12-BBC News-Tech firms could be held liable for extremism and
abuse <http://www.bbc.co.uk/news/technology-42323696>
    Author: Jane Wakefield
    Summary: Jim Killock quoted in a story about Theresa May's ethics
    watchdog issuing a recommendation for laws to be enacted treating
    social media platforms as publishers of the content they carry.
    Topics: Online censorship
    <https://wiki.openrightsgroup.org/wiki/Online_censorship>
2017-12-12-Sky News-Theresa May urged to prosecute web giants over
abusive content
<https://news.sky.com/story/theresa-may-urged-to-prosecute-web-giants-over-abusive-content-11167820>
    Author: Alexander J Martin
    Summary: Jim Killock quoted in a story about Theresa May's ethics
    watchdog issuing a recommendation for laws to be enacted treating
    social media platforms as publishers of the content they carry.
    Topics: Online censorship
    <https://wiki.openrightsgroup.org/wiki/Online_censorship>
2017-12-13-New Statesman-What could possibly go wrong with Theresa May’s
plans to start punishing social media firms?
<http://tech.newstatesman.com/guest-opinion/theresa-may-fine-social-media-firms>
    Author: Jim Killock
    Summary: Opinion piece by Jim Killock about Theresa May's ethics
    watchdog issuing a recommendation for laws to be enacted treating
    social media platforms as publishers of the content they carry.
    Topics: Online censorship
    <https://wiki.openrightsgroup.org/wiki/Online_censorship>
2017-12-13-Legal Cheek-Can Facebook really listen in on your
conversations?
<https://www.legalcheek.com/2017/12/can-facebook-really-listen-in-on-your-conversations/>
    Author: Katie King
    Summary: Jim Killock quoted in story about rumours that the Facebook
    app can listen to user conversations through a device's microphone.
    Topics: Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>,
    Security <https://wiki.openrightsgroup.org/wiki/Security>,
    Surveillance <https://wiki.openrightsgroup.org/wiki/Surveillance>
2017-12-14-Sky News-Net neutrality: What a US vote means for the UK
<https://news.sky.com/story/net-neutrality-what-a-us-vote-means-for-the-uk-11170224>
    Author: Alexander J Martin
    Summary: Ed Johnson-Williams quoted in story about the potential
    implications that a US vote on net neutrality might have for the UK.
    Topics: Net Neutrality
    <https://wiki.openrightsgroup.org/wiki/Net_Neutrality>

    ORG Contact Details

Staff page <https://www.openrightsgroup.org/people/staff>

  * Jim Killock, Executive Director
    <https://www.openrightsgroup.org/people/staff#jim>
  * Javier Ruiz, Policy Director
    <https://www.openrightsgroup.org/people/staff#javier>
  * Ed Johnson-Williams, Campaigns
    <https://www.openrightsgroup.org/people/staff#ed>
  * Lee Maguire, Tech <https://www.openrightsgroup.org/people/staff#lee>
  * Myles Jackman, Legal Director
    <https://www.openrightsgroup.org/people/staff#myles>
  * Alex Haydock, Legal Intern
    <https://www.openrightsgroup.org/people/staff#alex>
  * Matthew Rice, Scotland Director
    <https://www.openrightsgroup.org/people/staff#matthew>
  * Slavka Bielikova, Policy Officer
    <https://www.openrightsgroup.org/people/staff#slavka>
  * Mike Morel, Campaigner
    <https://www.openrightsgroup.org/people/staff#mike>
  * Caitlin Bishop, Campaigns Communication Officer
    <https://www.openrightsgroup.org/people/staff#caitlin>

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