[ORG PM] ORG policy update - 21 July 2017
Slavka Bielikova
policy.monitoring at openrightsgroup.org
Fri Jul 21 14:24:09 BST 2017
https://wiki.openrightsgroup.org/wiki/ORG_policy_update/2017-w29
ORG policy update/2017-w29
This is ORG's Policy Update for the week beginning 17/07/2017.
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ORG’s work
* Javier Ruiz ran workshops on social media regulation at
the Digital-born Media Carnival
<http://www.shareconference.net/carnival/>, which took place 14-18
July in Kotor, Montenegro. The event was organised by the OSCE
Mission to Serbia in partnership with the SHARE Foundation and the
Ministry of Foreign Affairs of the Kingdom of the Netherlands.
* ORG Scotland, together with medConfidential, submitted a response to
the consultation launched by the Scottish Parliament's Health and
Sport Committee regarding the NHS Scotland's Digital Strategy. You
can read the response in full here
<https://scotland.openrightsgroup.org/policy/2017/07/19/response-to-nhs-scotlands-digital-health-and-social-care-strategy/>.
Planned local group events:
* Join ORG Birmingham
<https://www.meetup.com/ORG-Birmingham/events/241315888/?rv=ea1&_af=event&_af_eid=241315888&https=on> for
a workshop where we'll be offering free practical advice for
replacing (or at least supplementing) Google services with
independent services which do a better job of respecting your
privacy and reduce your dependence on the internet giant. They will
be meeting on 24 July.
* Join ORG Cambridge
<https://www.meetup.com/ORG-Cambridge/events/241315668/?rv=ea2&_af=event&_af_eid=241315668&https=on> on
1 August for their monthly meetup to discuss the current state of
digital rights, what they've done in the past month, and what they
are planning to do in the upcoming months.
Official meetings
* Jim Killock and Pam Cowburn attended meetings with ISPA, BT and
TalkTalk regarding the ORG’s project Blocked
<https://www.blocked.org.uk/> which provides a tool for people to
check whether their website is being blocked by the main UK ISPs.
Parliament
Government has started implementing age verification
The Minister for Digital, Culture, Media and Sport, Matt
Hancock, announced this week that they have started takings steps to
implement the new age verification
<https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2017-07-17/HCWS51> requirement
for online pornography which was passed in the Digital Economy Act 2017
<https://wiki.openrightsgroup.org/wiki/Digital_Economy_Act_2017>.
Hancock said that the scheme, due to its complexity, will not be fully
in place until April 2018. The Government brought into force powers to
designate the regulator and powers to allow guidance to be issued.
The Digital Economy Act passed earlier this year, whilst issues around
age verification regarding privacy and censorship have not been
resolved. Despite several concerns from the Parliament’s Committees
<https://wiki.openrightsgroup.org/wiki/DPRR_Committee_Report_on_Digital_Economy_Bill>,
the Government decided not to include requirements for age verification
providers to incorporate privacy protections.
Neither the Act nor the Codes of Practice specify what type of age
verification method can be used by websites. This can negatively impact
the free and fair market for age verification
<https://www.theguardian.com/technology/2017/jul/17/age-checks-introduced-porn-websites-uk-credit-card-details>.
Such setup would make it possible for bigger pornographic website
operators (e.g.MindGeek) to become dominant on the age verification market.
MindGeek, who owns PornHub, YouPorn and other brands, is developing
their own age verification tool. Without any meaningful privacy
safeguards, there is a risk they would use the data collected through
age verification for profiling.
The age verification policy also allows for blocking of non-compliant
websites without court orders.
You can find out more about the age verification clauses in the DEAct
and remaining issues on our Wiki page
<https://wiki.openrightsgroup.org/wiki/Digital_Economy_Act_2017>.
Lords’ Committee calls for EU data adequacy agreement
The House of Lords EU Home Affairs Sub-Committee presented their
report ‘Brexit: The EU data protection package’
<https://publications.parliament.uk/pa/ld201719/ldselect/ldeucom/7/702.htm> earlier
this week. In the report, the Committee warns that the UK will be at a
competitive disadvantage if legal uncertainty prevents an unhindered
flow of data with the EU Member States.
The Government previously stated that they plan to maintain
uninterrupted data flows
<https://www.theregister.co.uk/2017/07/18/uk_government_eu_data_flows_report/>;
however the Committee points out that there is an immense lack of detail
on how the Government plans to deliver the outcome.
The Committee recommends that the most effective way to achieve it would
be through an adequacy decision by the European Commission. The decision
would confirm that the UK’s data protection rules are equivalent
<http://www.ukauthority.com/data4good/entry/7338/lords-call-for-action-on-post-brexit-data-flows> to
the standard protection of the EU. The Peers believe that this would
provide stability and certainty for businesses.
It is possible that the UK after leaving the EU will be held to higher
data protection standards than a Member State. The European Commission
takes into account a broader range of data protection regulations,
including national security legislation, for adequacy decisions. Member
states can use certain exemptions. The Committee recommends putting in
place a transitional arrangement.
Peers also recognised that the EU-US Privacy Shield will not apply to
the UK anymore.
”Because of EU rules for onward transfers, securing unhindered flows
of data with the EU may require the UK also to demonstrate that it
has put arrangements in place with the US that afford the same level
of protection as the Privacy Shield and the Umbrella Agreement. As
regards data-sharing for commercial purposes, we note the approach
taken by Switzerland, which has secured both an adequacy decision
from the EU and a mirror of the Privacy Shield agreement with the US.”
The Committee also recognised that national security could be put at
risk
<http://www.ukauthority.com/data4good/entry/7333/parliament-to-warn-over-post-brexit-intelligence-data> if
the Government fails to obtain an adequacy decision that would authorise
data flow. Without an agreement, the UK would need to strike separate
deals with individual police forces and intelligence services.
The EU General Data Protection Regulation will come into force in May
2018. The UK will be implementing it and the Government is currently
deciding on which derogations they will include. The Government
announced in the Queen’s Speech that they will introduce the Data
Protection Bill later this year.
Europe
CJEU will decide on the “right to be forgotten”
The French highest administrative court referred the case involving
Google and the scope of the application of the right to be forgotten
<http://www.politico.eu/article/french-court-refers-google-privacy-case-to-ecj/?utm_source=POLITICO.EU&utm_campaign=4336b49370-EMAIL_CAMPAIGN_2017_07_20&utm_medium=email&utm_term=0_10959edeb5-4336b49370-189898533> to
the European Court of Justice
<https://wiki.openrightsgroup.org/wiki/European_Court_of_Justice> (CJEU).
The CJEU <https://wiki.openrightsgroup.org/wiki/CJEU> ruled earlier that
people in the EU should be allowed to demand search engines remove links
to content concerning themselves under certain circumstances, and taking
into account the right of others to access information. The French case
now seeks a decision on whether search engines should apply the right to
be forgotten across all of their searches worldwide.
If the CJEU will rule that the right should not be applied globally,
they will also have to determine how the right to be forgotten is to be
applied in the EU. In any case, it will be difficult to enforce the
ruling outside of the region.
UK Parliament questions
Question on sanctions for cyber attacks
Grahame Morris MP
<https://wiki.openrightsgroup.org/wiki/Grahame_Morris_MP> asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-06.3528.h&s=cyber#g3528.r0> the
Secretary of State for Foreign and Commonwealth Affairs, if the
Government will push for a policy of sanctioning any state actors found
to be involved in international cyber attacks in the United Nations.
Alan Duncan MP
<https://wiki.openrightsgroup.org/wiki/Alan_Duncan_MP> responded that
the UK will consider all options available under international law in
responding to cyber attacks by state actors. At the moment, the
Government is working with the EU on a Framework for a Joint EU
Diplomatic Response to Malicious Cyber Activity. The framework will
state the range of diplomatic, political and economic measures available
to the EU and the Member States to combat state sanctioned cyber attacks.
Question on public awareness of online risks
Liz Saville-Roberts asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-12.4576.h&s=Information+Commissioner+ICO#g4576.r0> the
Secretary of State for Digital, Culture, Media and Sport, what steps
they are taking to educate the public of the potential dangers of
posting their personal information online.
Matthew Hancock MP
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded
that a new curriculum was deployed in 2014 teaching pupils how to use
technology safely and respectfully. The Government's National Cyber
Security Strategy funds the Cyber Aware campaign which works to
encourage the public to adopt more secure online behaviour.
Question on extremist propaganda
Greg Knight MP
<https://wiki.openrightsgroup.org/wiki/Greg_Knight_MP> asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-04.2759.h&s=%28internet+OR+cyber+OR+computer+OR+web+OR+surveillance+OR+copywrite+OR+%22data+sharing%22%29#g2759.r0> the
Secretary of State for the Home Department, what the Department has been
doing to tackle terrorist and extremist propaganda through social media,
the Internet and other online sources.
Sarah Newton
<https://wiki.openrightsgroup.org/wiki/Sarah_Newton> responded that the
Government continues to work with technology companies to encourage them
to be more proactive in tackling terrorist material on the Internet.
Some of the largest Internet companies have set up the Global Internet
Forum to Counter Terrorism in June 2017. The Government will continue to
engage regularly with industry to ensure sustained positive impact in
tackling propaganda.
Question on cybercrime
Nick Thomas-Symonds asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-10.3800.h&s=%28internet+OR+cyber+OR+computer+OR+web+OR+surveillance+OR+copywrite+OR+%22data+sharing%22%29#g3800.r0> the
Secretary of State for the Home Department, what steps they have been
taking to help the public to protect themselves against the threat of
cyber crime.
Ben Wallace MP
<https://wiki.openrightsgroup.org/wiki/Ben_Wallace_MP> responded that
additionally to the Cyber Aware campaign funded by the National Cyber
Security Strategy, the National Cyber Security Centre are also
developing a series of Active Cyber Defence measures, to be implemented
by the industry that will block, disrupt and neutralise malicious cyber
activity before it reaches users.
Question on the Data Ethics Commission
Greg Knight MP
<https://wiki.openrightsgroup.org/wiki/Greg_Knight_MP> asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-11.4325.h&s=%22data+protection%22> the
Secretary of State for Digital, Culture, Media and Sport, what plans the
Department has to set up a Data Ethics Commission.
Matthew Hancock MP
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded
that the Government is considering the British Academy and Royal
Society’s report
<https://royalsociety.org/%7E/media/policy/projects/data-governance/data-management-governance.pdf> on
the issue at the moment.
Question on the National Cyber Security Centre
Nick Thomas-Symonds asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-10.3801.h&s=cyber#g3801.r0> the
Minister for the Cabinet Office, if they will ensure that the activity
and work of the National Cyber Security Center is regularly reviewed and
whether they plan to measure the effectiveness of the NCSC.
Caroline Nokes responded that the NCSC reports quarterly to the Cyber
and Government Security Directorate of the Cabinet Office on the
delivery of its objectives against the National Cyber Security Strategy.
Question on cybercrime and local police forces
Alex Norris MP asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-11.4153.h&s=%28internet+OR+cyber+OR+computer+OR+web+OR+surveillance+OR+copywrite+OR+%22data+sharing%22%29#g4153.r0> the
Secretary of State for the Home Department, what targets have been set
for the local police forces to tackle cybercrime and how this will be
funded.
Ben Wallace MP
<https://wiki.openrightsgroup.org/wiki/Ben_Wallace_MP> responded that
the Home Office tries to not place unnecessary bureaucratic burdens on
the police and for that reason scrapped the central targets. The
Strategic Policing Requirement provides a framework for consistent,
collective decision making by forces, but leaves the specifics of how
this should be achieved to Chief Constable.
Question on social media and children
Chris Elmore asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-11.4187.h&s=%28internet+OR+cyber+OR+computer+OR+web+OR+surveillance+OR+copywrite+OR+%22data+sharing%22%29#g4187.r0> the
Secretary of State for Digital. Culture, Media and Sport, whether they
plan to introduce regulation of access to social media by children.
Matthew Hancock MP
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded
that the forthcoming Data Protection Bill will introduce a set of new
rights. This will include consideration of where to set the age at which
children can consent to their data being processed on social media sites.
Question on electronic surveillance of persons under 17
Liz Saville-Roberts asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-12.4484.h&s=Electronic+Surveillance> the
Secretary of State for Digital, Culture, Media and Sport, what is the
Government’s policy on permitting monitoring of a digital device
registered to a person aged 17 or less for the purposes of obtaining
information about a third person in England and Wales.
Matthew Hancock MP
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded
that both individuals and organisations monitoring devices registered to
persons aged 17 and under must comply with the Data Protection Act’s
eight data protection principles.
Question on the EC Directive
Patricia Gibson asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-07.3632.h&s=privacy#g3632.r0> the
Secretary of State for Digital, Culture, Media and Sport, what the
timetable is for the consultation on amending the Privacy and Electronic
Communications Regulation 2003 to introduce director liability for
breaches of that regulation.
Matthew Hancock MP
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded
that they intend to consult over the summer on making the necessary
changes to the regulation. The Government intends to introduce the
legislation by the end of the year.
ORG media coverage
/See ORG Press Coverage
<https://wiki.openrightsgroup.org/wiki/ORG_Press_Coverage> for full
details./
2017-07-12-Global Comment-The great British firewall
<http://globalcomment.com/great-british-firewall/>
Author: Steve Shaw
Summary: ORG mentioned in relation to the 2013 research into opt-in
filters.
2017-07-12-New Statesman-Hate buffering? Love porn? Please care about
net neutrality
<http://www.newstatesman.com/science-tech/internet/2017/07/hate-buffering-love-porn-please-care-about-net-neutrality>
Author: Amelia Tait
Summary: ORG mentioned in relation to the DEAct’s provisions on
online pornography having implications for freedom of expression.
2017-07-17-Alphr-Ashley Madison offers to pay £8.6 million to those
exposed in the 2015 dating site hack
<http://www.alphr.com/security/1001206/ashley-madison-offers-to-pay-86-million-to-those-exposed-in-the-2015-dating-site>
Author: Thomas McMullan
Summary: Jim Killock quoted on the hacking of private information
about people’s sex lives having huge repercussions for those involved.
2017-07-17-The Sun-Illegally downloading films and TV from the internet
could land you TEN YEARS in jail under tough new laws
<https://www.thesun.co.uk/tech/4038674/new-online-piracy-laws-penalties-illegal-download-film-tv-jail/>
Author: Guy Birchall
Summary: ORG mentioned in relation to our correspondence with the
Intellectual Property Office and online copyright infringement
offences in the DEAct.
2017-07-17-Wral-Britain to make porn sites check that users are at least
18
<http://www.wral.com/britain-to-make-porn-sites-check-that-users-are-at-least-18/16824014/>
Summary: Jim Killock quoted on the information collected by the age
verification systems being vulnerable to Ashley-Madison style hacks.
2017-07-17-The Guardian-Privacy campaigners criticise UK plan for age
checks on porn websites
<https://www.theguardian.com/technology/2017/jul/17/age-checks-introduced-porn-websites-uk-credit-card-details>
Author: Jamie Grierson
Summary: Jim Killock quoted on the information collected by the age
verification systems being vulnerable to Ashley-Madison style hacks.
2017-07-17-The Independent-Porn Websites Could leak Viewing History
Because of Government Age Check Plans, Experts Warn
<http://www.independent.co.uk/life-style/gadgets-and-tech/news/porn-website-adult-video-age-checks-verification-viewing-history-government-a7845446.html>
Author: Andrew Griffin
Summary: Jim Killock quoted on the information collected by the age
verification systems being vulnerable to Ashley-Madison style hacks.
2017-07-17-IT Pro-Mandatory age checks for UK porn sites to be unveiled
today
<http://www.itpro.co.uk/it-legislation/29067/mandatory-age-checks-for-uk-porn-sites-to-be-unveiled-today>
Author: Thomas McMullan
Summary: Jim Killock quoted on the information collected by the age
verification systems being vulnerable to Ashley-Madison style hacks.
2017-07-17-Free Press Series-Powers to enforce age checks by pornography
sites a step closer
<http://www.freepressseries.co.uk/news/national/15416100.Powers_to_enforce_age_checks_by_pornography_sites_a_step_closer/>
Summary: Jim Killock quoted on the information collected by the age
verification systems being vulnerable to Ashley-Madison style hacks.
2017-07-17-Ars Technica-Porn fan? From next April you’ll have to prove
your age with a credit card
<https://arstechnica.co.uk/tech-policy/2017/07/age-verification-porn-digital-economy-act/>
Author: Kelly Fiveash
Summary: Jim Killock quoted on the information collected by the age
verification systems being vulnerable to Ashley-Madison style hacks.
2017-07-17-Business Insider-The UK's new porn filter could lead to
'Ashley Madison'-style hacks
<http://uk.businessinsider.com/uk-age-verification-porn-filter-ashley-madison-style-hacks-campaigners-2017-7?r=US&IR=T>
Author: Rob Price
Summary: Jim Killock quoted on the information collected by the age
verification systems being vulnerable to Ashley-Madison style hacks.
2017-07-17-Mirror-Porn websites must introduce compulsory age checks for
visitors by April 2018 or face huge fines
<http://www.mirror.co.uk/tech/porn-websites-forced-introduce-age-10814377>
Author: Jeff Parsons
Summary: Jim Killock quoted on the information collected by the age
verification systems being vulnerable to Ashley-Madison style hacks.
2017-07-18-Telegraph-UK porn websites told to introduce age checks amid
warning that users' viewing history could be leaked online
<http://www.telegraph.co.uk/technology/2017/07/17/porn-websites-uk-ordered-introduce-age-checks-next-year/>
Summary: Jim Killock quoted on the information collected by the age
verification systems being vulnerable to Ashley-Madison style hacks.
2017-07-18-Scottish Legal News-Adult websites to introduce age checks by
April 2018
<https://www.scottishlegal.com/2017/07/18/adult-websites-to-introduce-age-checks-by-april-2018/#>
Summary: Jim Killock quoted on the information collected by the age
verification systems being vulnerable to Ashley-Madison style hacks.
2017-07-18-Reason-Want to Look at Online Porn? The U.K. Gov't Wants to
Strip You of Your Privacy
<http://reason.com/blog/2017/07/18/want-to-look-at-online-porn-the-uk-govt>
Author: Scott Shackford
Summary: Jim Killock quoted on the information collected by the age
verification systems being vulnerable to Ashley-Madison style hacks.
2017-07-18-Sky News-Academics doubt value of online porn age checks
<http://news.sky.com/story/academics-doubt-value-of-online-porn-age-checks-10952614>
Author: Alexander J Martin
Summary: Jim Killock quoted on the information collected by the age
verification systems being vulnerable to Ashley-Madison style hacks.
2017-07-19-Express-PORN WARNING - Your web history could be LEAKED
online thanks to new 18+ age checks
<http://www.express.co.uk/life-style/science-technology/830590/Online-Porn-PornHub-YouPorn-Warning-Government-Age-Check>
Author: Aaron Brown
Summary: Jim Killock quoted on the information collected by the age
verification systems being vulnerable to Ashley-Madison style hacks.
2017-07-20-Bloomberg BusinessWeek-World Leaders Seek Broad Powers to Get
Around Encryption
<https://www.bloomberg.com/news/articles/2017-07-20/world-leaders-seek-broad-powers-to-get-around-encryption>
Author: Dune Lawrence
Summary: Jim Killock quoted on the Government organising an
international consensus to make changes to encryption.
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
<https://www.openrightsgroup.org/people/staff#javier>
* Ed Johnson-Williams, Campaigns
<https://www.openrightsgroup.org/people/staff#ed>
* Pam Cowburn, Communications
<https://www.openrightsgroup.org/people/staff#pam>
* Lee Maguire, Tech <https://www.openrightsgroup.org/people/staff#lee>
* Myles Jackman, Legal Director
<https://www.openrightsgroup.org/people/staff#myles>
* Charlie Tunmore, Supporter Officer
<https://www.openrightsgroup.org/people/staff#charlie>
* Slavka Bielikova, Policy Officer
* Matthew Rice, Scotland Director
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