[ORG PM] ORG policy update 10 November 2017

Slavka Bielikova policy.monitoring at openrightsgroup.org
Fri Nov 10 12:20:16 GMT 2017 

https://wiki.openrightsgroup.org/wiki/ORG_policy_update/2017-w45


  ORG policy update/2017-w45 - ORG Wiki

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This is ORG's Policy Update for the week beginning 06/11/2017.

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>
  * We have written to the Intellectual Property Office
    <https://wiki.openrightsgroup.org/wiki/Intellectual_Property_Office>
    regarding takedowns of Epson-compatible ink cartridges on eBay
    <https://www.openrightsgroup.org/blog/2017/epson-delete-ebay-listings-citing-patent-claims>
    due to an alleged patent infringement. We are concerned that eBay is
    giving protection to only one party in this dispute. Read the letter
    here
    <https://www.openrightsgroup.org/ourwork/correspondence/letter-to-the-intellectual-property-office-regarding-guidance-on-ebay-takedowns-based-on-an-alleged-patent-infringement-of-comaptible-products>.

Planned local group events:

  * Join ORG Birmingham
    <https://www.meetup.com/ORG-Birmingham/events/244878819/> on Monday
    20 November to learn more about internet filtering in the UK and how
    you can use the Blocked! tool to help fight the overblocking of
    websites.
  * ORG Edinburhgh
    <https://www.meetup.com/ORG-Edinburgh/events/244894783/> is
    organising a social with ORG’s Policy Director Javier Ruiz on
    Tuesday 21 November. Join them to discuss some of the work he is
    leading on, catch up on other areas of work, and discuss news and
    topics of interest.
  * Join ORG Cambridge
    <https://www.meetup.com/ORG-Cambridge/events/244927140/> on Tuesday
    5 December for a monthly meetup. They will 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.
  * ORG Glasgow <https://www.meetup.com/ORG-Glasgow/events/244234443/>
    will hold their monthly meetup on Thursday 7 December at the
    Electron Club. You will have an opportunity to discuss current
    affairs and topics of interest and to generate new ideas for public
    events and presentations.


    Official meetings

  * Jim Killock attended a hearing at the European Court of Human Rights
    <https://wiki.openrightsgroup.org/wiki/European_Court_of_Human_Rights>
    in Strasbourg regarding a case started in 2013 challenging the
    legality of top-secret mass surveillance programs revealed by Edward
    Snowden. You can watch the hearing here
    <http://echr.coe.int/Pages/home.aspx?p=hearings&w=5817013_07112017&language=en>.
  * Matthew Rice attended a meeting with National Records Scotland today
    about the use of Administrative Data in the Scottish census.


    UK Parliament


      2nd DPBill debate in the HoL Committee

The Data Protection Bill (DPBill) was debated in the House of Lords 
during the second Committee sitting this week. The next Committee 
sitting is scheduled for Monday 13 November.

The full list of amendments to be debated next week can be found here 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066-III.pdf>. 


Peers started the debate with this set of amendments 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066-II%28rev%29.pdf>. 


The full transcript is available from here - 1 
<https://www.theyworkforyou.com/lords/?id=2017-11-06a.1578.0&s=data+protection+bill#g1606.1>, 
2 
<https://www.theyworkforyou.com/lords/?id=2017-11-06a.1621.6&s=data+protection+bill#g1641.1>, 
3 
<https://www.theyworkforyou.com/lords/?id=2017-11-06a.1657.0&s=data+protection+bill#g1679.0>. 


This Committee sitting did not include a debate on the processing of 
data for immigration purposes and it is likely to be debated on Monday. 
The draft Bill removes any obligation on the collector to provide 
information to the individual, before during, or after collection, or to 
abide by the seven data protection principles. The exemption also 
removes the right for the individual to request the information held 
about them from a data controller. Amendments 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066-II.pdf> 
(pdf) have been tabled to address these issues.

Amendments regarding other issues raised by ORG, such as the 
implementation of Article 80(2) allowing independent privacy bodies 
represent data subject without naming them will be debated in some of 
the last Committee sittings at the end of the month.

At the moment, Labour and Lib Dems tabled their amendments 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066%28f%29.pdf> 
that would implement Article 80(2).

While the Lib Dem amendment would cover both processing of data which 
applies under the General Data Protection Regulation and outside of it, 
the Labour amendment only covers the processing of personal data under 
the GDPR.

Other issues such as the missing “representative” of foreign companies 
<http://amberhawk.typepad.com/amberhawk/2017/10/dp-bills-new-immigration-exemption-can-put-eu-citizens-seeking-a-right-to-remain-at-considerable-dis.html> 
in the UK will also be debated since an amendment correcting the issue 
has been tabled already.


        Data protection amendment for the DEAct

Lord Lucas tabled an amendment relating to the processing of personal 
data under Part 3 
<http://lordsamendments.parliament.uk/?Session=2017-2019&Id=2158&Stage=Committee&Decision=Not-yet-debated&ResultsPerPage=20&Member=1879&CurrentPage=1> 
of the Digital Economy Act 2017 
<https://wiki.openrightsgroup.org/wiki/Digital_Economy_Act_2017>. Part 3 
of the DEAct deals with online pornography and creates a requirement for 
a website with pornographic content to implement an age verification 
method. ORG has raised previously concerns about the lack of privacy 
safeguards in the DEAct and the lack of regulation of age verification 
providers.

The amendment submitted by Lord Lucas would amend the DEAct and deal 
with some of the privacy and data protection issues in it. The amendment 
allows the age verification regulator to publish a regulation relating 
to the processing of personal data instead of guidance. This change 
makes enforcement more straightforward and does not imply that good data 
protection practice is voluntary.

The amendment should be debated next week.


    Other national developments


      ECtHR hearing on mass surveillance by the GCHQ

A landmark case was heard this week at the European Court of Human 
Rights 
<https://wiki.openrightsgroup.org/wiki/European_Court_of_Human_Rights> 
(ECtHR) in Strasbourg challenging the legality of mass surveillance 
programs 
<https://theintercept.com/2017/11/07/uk-surveillance-case-european-court-human-rights/> 
revealed by Edward Snowden in 2013.

Three separate legal challenges brought by ORG and other organisations, 
including Amnesty International, Privacy International, the American 
Civil Liberties Union, Big Brother Watch, and the Irish Council for 
Civil Liberties, led to the hearing.

The case was heard by a panel of 10 judges. The case handles complaints 
related to violations of the European Convention on Human Rights 
<https://wiki.openrightsgroup.org/wiki/European_Convention_on_Human_Rights> 
(ECHR). The UK is bound by the decision of the ECtHR even after Brexit 
because it is not an EU court.

The human rights organisations argued that the British agencies (GCHQ 
<https://wiki.openrightsgroup.org/wiki/GCHQ>) using the surveillance 
programs such as Tempora <https://wiki.openrightsgroup.org/wiki/Tempora> 
or PRISM <https://wiki.openrightsgroup.org/wiki/PRISM> violate four key 
rights protected under the convention: the right to privacy, the right 
to a fair trial, the right to freedom of expression, and the right not 
to be discriminated against.

The Government presented arguments to the court that using surveillance 
systems to collect and store communications is not itself a violation of 
privacy. They claimed that privacy is only violated when a human analyst 
reads or listens to individual messages or calls.

The 10 judges will have to assess whether the mass surveillance 
programs’ invasion of privacy is necessary, proportionate and in 
accordance with the law.

Judgment is expected to be delivered in six months time.

More on the case can be found out on the Privacy not Prism 
<https://www.privacynotprism.org.uk/> website.


    International developments


      Facebook asks for nudes to fight revenge porn

Facebook has revealed that they are piloting a new initiative in 
Australia to tackle revenge porn 
<https://www.theguardian.com/technology/2017/nov/07/facebook-revenge-porn-nude-photos>. 
They want their users to submit their nude photographs to Facebook so 
they could block them if they are posted by someone else.

Facebook users who are worried that their intimate, nude or sexual 
images will be published by someone else on the platform, can submit 
these pictures through the Messenger app. The pictures will then be 
“hashed” - converted into a unique digital fingerprint that can be used 
to identify and block any attempts to re-upload that same image.

The Australian pilot requires users to first fill in an online form 
through the e-safety commissioner’s website describing their concerns. 
Then they will be asked to send the images to themselves on Messenger 
and the e-safety commissioner notifies Facebook. Following the 
notification, an analyst will access the image and hash it.

The images are supposed to be stored for a short period of time before 
Facebook will be deleting them.

Hashing has also been used to stop images relating to child sexual 
exploitation or extremism. It is unlikely that the use of this 
technology will stop revenge porn altogether. Often, victims of revenge 
porn do not have access to images themselves but continue to be 
threatened by their publication. Likewise, images can be only linked to 
on Facebook instead of being published there directly.

Users who submit their images are also exposing themselves to a risk of 
security breaches and having their images leaked 
<http://www.dazeddigital.com/science-tech/article/38003/1/facebook-wants-your-nudes-to-tackle-revenge-porn> 
that way. It is also unclear how Facebook are processing and storing the 
images. Facebook should commit to the highest levels of transparency on 
how they process and store nude images to ensure their users of 
protecting their privacy.


    Questions in the UK Parliament


      Question on offensive online content

Alex Chalk MP asked 
<https://www.theyworkforyou.com/wrans/?id=2017-10-26.110025.h&s=%28internet+OR+cyber+OR+computer+OR+web+OR+surveillance+OR+copywrite+OR+%22data+sharing%22%29#g110025.r0> 
the Secretary of State for Digital, Culture, Media and Sport, what steps 
the Government is taking to protect people from offensive and defamatory 
online broadcasting.

Matthew Hancock MP 
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded 
that online TV channels which are licensed by Ofcom must comply with 
rules in the Ofcom Broadcasting Code on harmful or offensive content. 
Video-on-demand services within UK jurisdiction are subject to higher 
level rules which focus on the harmful material.

More broadly, the Government intends to implement a range of options to 
counter internet harms in the Digital Charter.


      Question on electronic surveillance

Lord Laird asked 
<https://www.theyworkforyou.com/wrans/?id=2017-10-26.HL2629.h&s=Electronic+Surveillance> 
the Government, what steps they have taken to examine the legal status 
of Privacy Shield.

Lord Ashton of Hyde responded that any examination of the legal status 
of matters concerning the EU-US Privacy Shield would be a matter for the 
CJEU in the face of a legal challenge being brought against it by Max 
Schrems.


    ORG media coverage

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

2017-11-07-Sky News-UK pornographers fear age verification laws may harm 
business 
<https://news.sky.com/story/uk-pornographers-fear-age-verification-laws-may-harm-business-11116453>
    Author: Alexander J. Martin
    Summary: Myles Jackman quoted on age verification for porn websites
    being an enormous privacy risk to viewers.
    Topics: Digital Economy Act 2017
    <https://wiki.openrightsgroup.org/wiki/Digital_Economy_Act_2017>,
    Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>
2017-11-07-The Guardian-UK intelligence agencies face surveillance 
claims in European court 
<https://www.theguardian.com/world/2017/nov/07/uk-intelligence-agencies-face-surveillance-claims-in-european-court>
    Author: Owen Bowcott
    Summary: ORG mentioned in relation to the ECtHR hearing of a joint
    case against mass surveillance. 
    Topics: Surveillance
    <https://wiki.openrightsgroup.org/wiki/Surveillance>
2017-11-07-The Independent-Safeguards on Britain's mass spying programme 
'clearly defective' 
<http://www.independent.co.uk/news/uk/politics/mass-spying-snowden-echr-ripa-investigatory-powers-act-gchq-cia-leaks-a8042701.html>
    Author: Jon Stone
    Summary: ORG mentioned in relation to the ECtHR hearing of a joint
    case against mass surveillance. 
    Topics: Surveillance
    <https://wiki.openrightsgroup.org/wiki/Surveillance>
2017-11-07-The Inquirer-ECHR to weigh up lawfulness of UK's 
'wide-ranging' surveillance powers 
<https://www.theinquirer.net/inquirer/news/3020530/ehjc-to-weigh-up-uk-surveillance-laws>
    Author: Dave Neal
    Summary: ORG mentioned in relation to the ECtHR hearing of a joint
    case against mass surveillance. 
    Topics: Surveillance
    <https://wiki.openrightsgroup.org/wiki/Surveillance>
2017-11-08-Dazed Digital-Facebook wants your nudes to tackle revenge 
porn 
<http://www.dazeddigital.com/science-tech/article/38003/1/facebook-wants-your-nudes-to-tackle-revenge-porn>
    Author: Anna Cafolla
    Summary: Myles Jackman quoted on the Facebook’s initiative to tackle
    revenge porn being riven with privacy and security risks. 
    Topics:Online censorship
    <https://wiki.openrightsgroup.org/wiki/Online_censorship>, data
    protection <https://wiki.openrightsgroup.org/wiki/Data_protection>
2017-11-08-The Sun-PORN FEARS Soon you’ll have to enter personal details 
to watch porn and it could open you up to blackmail, legal expert claims 
<https://www.thesun.co.uk/tech/4872073/soon-youll-have-to-enter-personal-details-to-watch-porn-and-it-could-open-you-up-to-blackmail-legal-expert-claims/>
    Author: Margi Murphy
    Summary: Myles Jackman quoted on age verification for porn websites
    being an enormous privacy risk to viewers.
    Topics: Digital Economy Act 2017
    <https://wiki.openrightsgroup.org/wiki/Digital_Economy_Act_2017>,
    Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>
2017-11-09-The Guardian-The Guardian view on data protection: privacy is 
not enough 
<https://www.theguardian.com/commentisfree/2017/nov/09/the-guardian-view-on-data-protection-privacy-is-not-enough>
    Summary: ORG mentioned in relation to the implementation of Article
    80(2) in the DPBill. 
    Topics: Data protection
    <https://wiki.openrightsgroup.org/wiki/Data_protection>
2017-11-09-Mail on Sunday-Porn websites will soon force users to enter 
their personal details to prove their age - triggering fears of new 
blackmail risk 
<http://www.mailonsunday.co.uk/news/article-5068071/Porn-viewers-soon-verify-age.html>
    Author: Paddy Dinham
    Summary: Myles Jackman quoted on age verification for porn websites
    being an enormous privacy risk to viewers.
    Topics: Digital Economy Act 2017
    <https://wiki.openrightsgroup.org/wiki/Digital_Economy_Act_2017>,
    Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>


    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>
  * Lee Maguire, Tech <https://www.openrightsgroup.org/people/staff#lee>
  * Myles Jackman, Legal Director
    <https://www.openrightsgroup.org/people/staff#myles>
  * 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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