[ORG PM] ORG policy update 24 November 2017
Alex Haydock
alex.haydock at openrightsgroup.org
Fri Nov 24 15:58:40 GMT 2017
https://wiki.openrightsgroup.org/wiki/ORG_policy_update/2017-w47
ORG policy update/2017-w47
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This is ORG's Policy Update for the week beginning 20/11/2017.
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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. ORG
started 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>
* In case you couldn’t come to ORGCon, you can now watch the talks
online! Have a look at our YouTube channel
<https://www.youtube.com/watch?v=f6VTrBpE_kA&list=PLY9gENnF8uiXdeFQtEA-Ge0pd7DtAsx4T>.
Planned local group events:
* 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.
* ORG London <https://www.meetup.com/ORG-London/events/243071922/> are
hosting a presentation on the 'Cryptobar' installation on Tuesday 12
December. Cryptobar is a project aimed at spreading the word about
privacy (and privacy-enhacing technologies) in an artistic and
accessible way.
Official meetings
* Jim Killock spoke at a panel on Internet Safety about the
Government's Internet Safety Strategy green paper at the Parliament
& Internet Conference 2017
<http://parliamentandinternet.org.uk/2017-conference/>
* Javier Ruiz spoke at the GDPR Scotland conference in Edinburgh
<https://www.gdprscotland.com/> on how privacy challenges are
tackled by the forthcoming General Data Protection Regulation.
* Matthew Rice gave a talk on equipment interference
<https://hacksoc.co.uk/about> to the Abertay Ethical Hacking Society
at their weekly meeting.
* Jim Killock, Myles Jackman and Alex Haydock met with representatives
from AVSecure <http://www.avsecure.com/> to discuss their age
verification platform. Alec Muffett and Pandora Blake also attended.
UK Parliament
DPBill debate in the HoL Committee continues
The Data Protection Bill (DPBill) was debated in two last Committee
sittings in the House of Lords this week.
The full transcripts from this week's sessions are available from here:
* 20 November <https://www.theyworkforyou.com/lords/?id=2017-11-20b.12.6>
* 22 November <https://www.theyworkforyou.com/lords/?id=2017-11-22a.176.6>
Lords debated these sets of amendments
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066-V.pdf>.
The current full text of the bill, as amended in the Lords Committee
stage is available here
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0074/18074.pdf>.
Report sittings will begin soon, on 11 December and 13 December.
The Committee debated amendments regarding the implementation of the
General Data Protection Regulation Article 80(2). The amendment would
allow independent privacy bodies to represent data subject without
naming them. Two amendments were submitted and supported by both Lib
Dems and Labour. Amendment 184 would cover both processing of data which
applies under the General Data Protection Regulation and outside of it.
Amendment 185 only covers the processing of data under the GDPR.
The two amendments have received a wider support from the House.
However, the Government stated that they do not find it necessary to
implement them because the Data Protection Bill will allow organisations
to represent named data subjects (as outlined in Article 80(1)).
Additionally, Lord Ashton of Hyde said that individuals have the ability
to independently complain to the Information Commissioner where they
have concerns. He called the amendment premature as there is a need for
an analysis of other similar provisions in UK law.
Ashton further raised issues of what organisations would be permitted to
represent data subjects, their motivation and trustworthiness. In a
somewhat puzzling way, Lord Ashton articulated the Government's
reluctance to implement Article 80(2) due to the lack of consent from
data subjects to be represented.
"To summarise, we have chosen not to adopt article 80(2) because the
Bill is based on the premise of getting consent—but these amendments
are saying that, regardless of what the data subject wants or
whether they have given consent, other organisations should be able
to act on their behalf without their consent. That is the
Government’s position and I hope that noble Lords will feel able not
to press their amendments.”
Peers who put their names to both amendments showed considerable
bewilderement following Lord Aston's explanation. Both amendments were
withdrawn and are likely to be brought in for a debate at the Report stage.
Prior to the Report stage, both Baroness Williams of Trafford and Lord
Ashton of Hyde are due to publish their letters giving more detail on
how exemption on the processing of data for immigration purposes will be
used in practice and what progress has been made in regards to age
verification obligations as set out in the Digital Economy Act 2017
<https://wiki.openrightsgroup.org/wiki/Digital_Economy_Act_2017>
respectively.
Other national developments
National advisory body for artificial intelligence
The UK Government announced in the Autumn Budget
<https://www.gov.uk/government/news/autumn-budget-2017-25-things-you-need-to-know>
that it intends to create a 'Centre for Data Ethics and Innovation'.
They claim the body will "set standards for the use and ethics of AI and
data" and promote the UK as a world-leader in "developing practical
uses" for artificial intelligence.
Europe
Civil Liberties Committee rejects #censorshipmachine
This week, the European Parliament (EP) Committee on Civil Liberties,
Justice and Home Affairs (LIBE) voted against a section of the Copyright
Directive proposal
<https://edri.org/civil-liberties-committee-rejects-censorshipmachine/>,
that would have required the establishment of mandatory 'upload filters'
on all EU-based sites that accept user-uploaded content.
The function of the proposed filters would have been to implement
content recognition technologies to 'filter' out uploads to sites which
were potentially in violation of copyright regulations.
The Committee's opinion addressed what it deemed were the two most
potentially damaging parts of the proposal, by:
a) rejecting the obligation to filter every single upload to the
internet using content recognition technologies; and
b) clarifying that measures to ensure enforcement of licensing
arrangements should not include general monitoring obligations for
internet companies.
ORG and other organisations from across the EU have previously called
for removal of Article 13. Despite not deleting Article 13, LIBE has has
firmly opposed the imposition of censorship machines in the copyright
proposal. Next, the Legal Affairs Committee will discuss and vote on
their report on the copyright proposal. This is likely to take place in
on 24 or 25 January.
Consumer Protection Cooperation Regulation
The European Parliament passed a new Consumer Protection Cooperation
Regulation
<https://wiki.openrightsgroup.org/wiki/Consumer_Protection_Cooperation_Regulation>,
to serve as a replacement for the previous 2004 regulations. It aims to
outline conditions under which the authorities in EU member states which
are responsible for protecting consumer interests should cooperate with
each other and with the European Commission to enhance the protection of
consumers' economic interests.
The regulations contain powers allowing for web blocking and domain
suspensions, which are specified as being enforceable either as
administrative powers or through the courts.
While it is not clear that the new Regulation will apply to the UK as a
result of Brexit, it would provide powers that could replace the current
“voluntary” procedures made between Nominet and various consumer
protection agencies, as well as the police including PIPCU.
Arguably the existence of a requirement for these powers should mean
that the UK provides for a legal framework to replace the current ad hoc
arrangements.
It would also however create a mechanism for much more widespread use of
web blocking for a range of websites deemed to be harmful to the public.
In order to comply with the European Charter of Fundamental Rights,
takedowns and censorship powers would need legal accountability.
It is not clear that administrative powers in the regulation would be
compliant with the Charter, as rights for those affected by the takedown
need to be taken into account.
Questions in the UK Parliament
Question on internet bullying
Jim Shannon asked the Secretary of State for Digital, Culture, Media and
Sport what steps they have taken to address the issues caused by
"internet trolls".
Matthew Hancock MP
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded
<https://www.theyworkforyou.com/wrans/?id=2017-11-13.112772.h&s=Internet+section%3Awrans+section%3Awms>
that the Government is considering a range of options to counter
internet harms, including an "Internet Safety Strategy", published on 11
October.
He also responded that "the recently enacted Digital Economy Act will
help to ensure that online abuse is effectively tackled by requiring a
social media code of practice to be established."
Question on anonymity networks
Chris Evans MP <https://wiki.openrightsgroup.org/wiki/Chris_Evans_MP>
asked the Secretary of State for the Home Department what steps the
Government is taking to "regulate the download of anonymity network
browsers". He also asked for statistics on the number of people
convicted under the Terrorism Act 2006 in the past year were found to be
using such anonymity tools. Finally, he asked what assessment the Home
Department had made of the prevalence of the usage of such tools in the
past year.
Ben Wallace MP <https://wiki.openrightsgroup.org/wiki/Ben_Wallace_MP>
declined to answer
<https://www.theyworkforyou.com/wrans/?id=2017-11-15.113377.h&s=Internet+section%3Awrans+section%3Awms>,
noting that "the National Crime Agency and UK Intelligence Community
regularly assess the threat to the UK from the use of online anonymity
networks by criminals and terrorists", but that such information is
operationally sensitive.
Jo Platt MP asked the Secretary of State for Digital, Culture, Media and
Sport, what steps they are taking to "protect social media users'
privacy from social networks while using video and microphone equipped
devices".
Matthew Hancock MP
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded
<https://www.theyworkforyou.com/wrans/?id=2017-11-10.112388.h&s=Internet+section%3Awrans+section%3Awms#g112388.r0>
that "organisations, including social media companies, must have
legitimate grounds for collecting and using personal data and handle
people's personal data only in ways they would reasonably expect." He
also noted that organizations breaching this would be liable for
enforcement action from the ICO.
He went on to confirm that the Government is "currently legislating for
a new Data Protection Bill. The Bill will set new standards for
protecting general data, in accordance with the General Data Protection
Regulation, giving people more control over use of their data, and
providing new rights to move or delete personal data."
Question on removal of anti-semitic propaganda
Gregory Campbell asked he Secretary of State for Communities and Local
Government, what steps he is taking to combat access to anti-Semitic
propaganda among young people.
Marcus Jones answered
<https://www.theyworkforyou.com/wrans/?id=2017-11-14.112855.h&s=Internet+section%3Awrans+section%3Awms#g112855.r0>
that the Government was "working with internet service providers to
ensure that antisemitic propaganda which is deemed illegal is removed
within 24 hours. In addition, internet service providers are making a
concerted effort to ensure that antisemitic propaganda does not appear
at the top of search results."
ORG media coverage
/See ORG Press Coverage
<https://wiki.openrightsgroup.org/wiki/ORG_Press_Coverage> for full
details./
2017-11-21-The Telegraph-Google promises to end 'concerning' smartphone
tracking
<http://www.telegraph.co.uk/technology/2017/11/21/google-promises-end-concerning-smartphone-tracking/>
Author: Margi Murphy
Summary: Jim Killock quoted for story about Google gathering Android
location data without user permission.
Topics: Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>
2017-11-22-The Telegraph-Government urged to make it easier for public
to be compensated after hacks
<http://www.telegraph.co.uk/technology/2017/11/22/government-urged-make-easier-public-compensated-data-breaches/>
Author: James Titcomb
Summary: Jim Killock quoted in an article about an open letter to
digital minster Matt Hancock urging the Government to allow consumer
groups like ORG to seek redress for data breaches without prior
instruction from the affected consumers.
Topics: Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>,
Security <https://wiki.openrightsgroup.org/wiki/Security>, Data
protection <https://wiki.openrightsgroup.org/wiki/Data_protection>
2017-11-22-Telecoms.com-UK urged to improve data protection for the
digitally naive
<http://telecoms.com/486335/uk-urged-to-improve-data-protection-for-the-digitally-naive/>
Author: Jamie Davies
Summary: Jim Killock quoted in an article about an open letter to
digital minster Matt Hancock urging the Government to allow consumer
groups like ORG to seek redress for data breaches without prior
instruction from the affected consumers.
Topics: Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>,
Security <https://wiki.openrightsgroup.org/wiki/Security>, Data
protection <https://wiki.openrightsgroup.org/wiki/Data_protection>
2017-11-22-ComputerWeekly-Government urged to improve redress for mass
data breaches
<http://www.computerweekly.com/news/450430540/Government-urged-to-improve-redress-for-mass-data-breaches>
Author: Warwick Ashford
Summary: Jim Killock quoted in an article about an open letter to
digital minster Matt Hancock urging the Government to allow consumer
groups like ORG to seek redress for data breaches without prior
instruction from the affected consumers.
Topics: Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>,
Security <https://wiki.openrightsgroup.org/wiki/Security>, Data
protection <https://wiki.openrightsgroup.org/wiki/Data_protection>
2017-11-23-Engadget-Pornhub owner may become the UK's gatekeeper of
online porn
<https://www.engadget.com/2017/11/23/pornhub-mindgeek-age-verification-ageid-digital-economy-uk-online-porn/>
Author: Daniel Cooper
Summary: Myles Jackman quoted in a story about MindGeek positioning
themselves as the primary AV provider for adult content.
Topics: Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>,
Digital Economy Act 2017
<https://wiki.openrightsgroup.org/wiki/Digital_Economy_Act_2017>
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>
* Alex Haydock, Legal Intern
<https://www.openrightsgroup.org/people/staff#alex>
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