41 Matching Annotations
  1. Dec 2020
    1. The Current International Law Landscape

      Drawing your attention to this article, if you have not seen it already - a very good overview of the legal situation in SolarWinds. ||VladaR|| ||AndrijanaG|| ||Jovan||

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    1. Lawyers for TikTok demonstrated that Trump officials' "failure to adequately consider an obvious and reasonable alternative before banning TikTok" renders the crackdown against the app "arbitrary and capricious," wrote Nichols, who is a Trump appointee.

      TikTok app ban is now stopped by two courts saying the ban does not have legal backing. Third procedure related to the sale to Oracle/Walmart has ran out of deadlines on 4 December with no new date set, but negotiations may continue. To me it looks like the TikTok ban saga is left to dissipate over time - waiting for Biden to set new agenda. ||Jovan||

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    1. On 15th December, we will unveil an overhaul of our rules on digital services and markets with two major legal acts, which go hand in hand. The Digital Services Act will impose new obligations and responsibilities on all online intermediaries, mainly platforms, with regard to the content they host - wherever they are in the EU. Sectoral legislation will plug into that horizontal framework and define, in particular, what constitutes illegal content - such as hate speech, terrorism, child pornography or the sale of illegal or counterfeit products - as well as the specific remedies. googletag.cmd.push(function () { googletag.display('div-gpt-ad-InContent-1'); }); We also need to ensure that digital markets remain open and contestable. The Digital Markets Act will more specifically target the economic behaviour of companies that have become systemically relevant.

      DSA and DMA to be unveiled 15 December now. Vestager always names a couple of hints, but nothing we would not already know. ||Jovan||

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    1. The Digital Services Act (DSA) will propose a horizontal framework for regulatory oversight, accountability and transparency of the online space in response to the emerging risks. It will propose rules to ensure greateraccountability on how platforms moderate content, on advertising and on algorithmic processes. Very large platforms will be obliged to assess the risks their systems pose not only as regards illegal content and products but also systemic risks to the protection of public interests and fundamental rights, public health and security. In this context, very large platforms will also need to develop appropriate risk management tools and take measures to protect the integrity of their services against the use of manipulative techniques. The DSA will provide users with meaningful possibilities to challenge the platforms’ decisions to remove or label content.The DSA will also establish a co-regulatory backstop90for the measures which would be included in a revised and strengthenedCode of practice on disinformation.

      One of the first glimpses into DSA ||Jovan||

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    1. In parallel, we should facilitate our bilateral trade anddeepen our regulatory and standards cooperation. As tariffs go down globally, it is setting and complying with standards and regulations that decides access to markets. While we are still the most influential regulators, both the EU and the US face increasing standard competition from third country actors. Where both sides agree, the world usually follows. This is why we must reactivate proposals for EU-US standards cooperation and re-engage on conformity assessment negotiations. Where possible, the EU and the US should systematically align positions within international standard setting bodies

      For the standardisation project - EU and US to join forces and align position in intl standard setting bodies, acknowledging third party actors ||MariliaM||||TerezaHorejsova||

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  2. Nov 2020
    1. Prior to approving that draft as a whole, the Committee held separate votes on two paragraphs.  By a recorded vote of 92 in favour to 52 against, with 24 abstentions, decided to retain operative paragraph 1, which would have the Assembly decide to convene, starting in 2021, a new open‑ended working group on the security of and in the use of information and communications technologies.

      new OEWG past March 2021

    2. two competing draft resolutions, tabled in previous sessions to each establish a group to study the best ways to keep the Internet safe.  The Committee approved one on advancing responsible State behaviour in cyberspace in the context of international security, sponsored by the United States, by a recorded vote of 153 in favour to 11 against, with 9 abstentions.  By its terms, the General Assembly would, among other things, welcome the productive and ongoing work of the Group of Governmental Experts. The Committee then approved a draft resolution on developments in the field of information and telecommunications, sponsored by the Russian Federation, by a recorded vote of 104 in favour to 50 against, with 20 abstentions, pertaining to the work of the Open‑Ended Working Group on the issue.

      It looks like the First Committee approved both US and Russian way forward. The split between GGE and OEWG is here to stay. ||VladaR||||Jovan||||StephanieBP||

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    1. North American or European country or region

      The article omits differences between China and NA/Europe - nowhere does it state that for China, standardization is a state initiative providing subsidies to companies which come up with most (quantity, not quality) innovations. In NA/Europe standardization is driven by companies. It also fails to recognize impact of sanctions - such as listing Huawei on the entities list by the Dept. of Commerce in 2019 and the consequent exclusion of their representatives in standard setting bodies in the US (including IEEE temporarily). ||Jovan||||MariliaM||

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  3. Oct 2020
    1. Italien das Vorgehen gegen den Internetkonzern, weil er seine Marktmacht im Bereich Onlinewerbung missbrauchen soll. Die Polizei hat bereits italienische Google-Büros inspiziert.

      Italy files antitrust claim against Google for misuse of online advertisement and data collection practices. ||StephanieBP||

    1. Во всех законах во исполнение одобренных летом поправок к Конституции появится идентичная норма о том, что применение правил международных договоров в их истолковании, противоречащем Конституции, не допускается. Упразднение приоритета международного права в Конституции может привести к международной изоляции и лишению россиян возможности искать правовой защиты в международных организациях, сказал в ходе дискуссии по законопроектам депутат Юрий Синельщиков (КПРФ).

      Russia is passing constitutional amendments and sweeping legislation on "sovereignity of constitution" - changes making Russian national law precedent to international treaties and decisions of international bodies, if these are considered to be against the Russian constitution. Passed in GosDuma (lower house) and expected to be adopted by the Council of Federation (upper house) soon. Russia is giving itself right to pick and choose its international obligations.

      ||Jovan||||VladaR||

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    1. State and federal investigators are expected to file antitrust charges against Facebook as soon as November

      Facebook antitrust filing coming up - apparently 17 November

      ||StephanieBP||

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    1. The U.S. Justice Department and 11 states filed an antitrust lawsuit against Alphabet Inc’s Google on Tuesday for allegedly breaking the law in using its market power to fend off rivals.

      FYI ||StephanieBP|| It's in DW already

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    1. The network will give astronauts voice and video communications capabilities, and allow telemetry and biometric data exchange, as well as the deployment and remote control of lunar rovers and other robotic devices, according to the company.

      Building mobile networks, settlements and deploying robotics on the Moon will raise questions around the UN Outer Space Treaty and questions of jurisdiction. It may be beneficial to add space to dig.watch (also as referenced in the critical and emerging technologies doc). ||Jovan|| ||VladaR||||StephanieBP||||AndrijanaG||

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    1. Japan will join forces with the United States and Europe to take on any market abuses by the four Big Tech companies, the new head of its antitrust watchdog

      Japan is getting more actively involved - also in Google Fitbit merger. Australia has an antitrust initiative against GAFA too, including Google - Fitbit merger, but did not join EU and US (yet) ||StephanieBP||

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    1. Although these four corporations differ in important ways, studying their business practices has revealed common problems. First, each platform now serves as a gatekeeper over a key channel of distribution. By controlling access to markets, these giants can pick winners and losers throughout our economy. They not only wield tremendous power, but they also abuse it by charging exorbitant fees, imposing oppressive contract terms, and extracting valuable data from the people and businesses that rely on them. Second, each platform uses its gatekeeper position to maintain its market power. By controlling the infrastructure of the digital age, they have surveilled other businesses to identify potential rivals, and have ultimately bought out, copied, or cut off their competitive threats. And, finally, these firms have abused their role as intermediaries to further entrench and expand their dominance. Whether through self-preferencing, predatory pricing, or exclusionary conduct, the dominant platforms have exploited their power in order to become even more dominant

      Anticompetitive practices of GAFA in three points ||Jovan||||StephanieBP||

    2. To address this underlying conflict of interest, Subcommittee staff recommends that Congress consider legislation that draws on two mainstay tools of the antimonopoly toolkit: structural separation and line of business restrictions.

      This is a long read - here Congress Judicial committee recommends breaking up Amazon, Apple, Facebook and Google + overhaul of antitrust legislation ||Jovan||||StephanieBP|| Also relevant for our ISOC project ||MariliaM||

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    1. Facebook Says Government Breakup of Instagram, WhatsApp Would Be ‘Complete Nonstarter’

      FB is arguing that the acquisitions of Instagram and WhatsApp were approved by the FTC leading to massive investments and tech integration and now are so intertwined that it is impossible to unwind the deals. ||StephanieBP||

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  4. Sep 2020
    1. This guidance is a first-of-its-kind tool intended to provide practical and accessible human rights guidance to U.S. businesses seeking to prevent their products or services with surveillance capabilities from being misused by government end-users to commit human rights abuses.

      This is basically a roadmap for businesses to follow establishing what US businesses need to review with regards to possibility of foreign surveillance, what is considered as red flags, corporate reporting to the state dept. about this. Very interesting timing with regards to TikTok. Vlada - may be useful for the mapping/table? ||Jovan||||VladaR||

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    1. As of September 20, 2020, the following transactions are prohibited:

      The Oracle deals of "trusted technology provider" to circumvent the sale of TikTok and WeChat was apparently not approved. It will be interesting to see how this plays out on Sunday. ||Jovan|| ||AndrijanaG||

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    1. As a case study, we present the findings of an experiment to generate remarks in the style of political leaders by fine-tuning a pretrained AWD- LSTM model on a dataset of speeches made at the UN General Assembly.

      Did you know about this project study? It took UN GA speeches from 1970 to 2015 and trained AI to generate UN style speeches on different topics. ||Jovan||||VladaR||

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    1. Microsoft has been selected as one of three organizations to partner with the European Parliament in developing an AI-based tool that will automatically transcribe and translate parliamentary debates in real-time, with the possibility to learn from human corrections and edits.

      Interesting AI development at the EParl, wondering whether there is similar development on the UN level. ||Jovan|| ||VladaR||||MariliaM||

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    1. The same companies are also expanding their operations into new markets through acquisitions and new product developments, further expanding their ownership to an even broader set of services that will shape users’ Internet experience.

      We can look at how the regulators are targeting the GAFA to limit their influence and maintain competitive environment - antitrust regulations and decisions based on data dominance (new acquisition approval procedures triggered by data dominance), specific investigations into platforms with multiple roles (Amazon), regulations specifically passed to target large tech (Australian media bargaining code), etc.

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    1. Google also hinted that it might have to cut off its services in Australia in an open letter to users on Aug. 17.

      Adding to our French copyright battle here - Australia is up to the same battle as France against Google and Facebook. It will be interesting to compare. ||Jovan||||StephanieBP||

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  5. Aug 2020
    1. "requires Google, within three months, to conduct negotiations in good faith with publishers and news agencies on the remuneration for the re-use of their protected contents".

      The antitrust body forcing Google to comply with the law, citing abuse of dominant position and ordering to pay backfees from October 2019 ||Jovan||||StephanieBP||

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    1. "A company, even a very large company, can not get away with it when it decides to operate in France," the French president insisted, during a visit to mark the centenary of the La Montagne newspaper in the city of Clermont-Ferrand in central France.

      Public outcry in France about Google not complying with the copyright law ||Jovan||||StephanieBP||

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    1. According to estimates by some press publishers in France, the loss of revenues for their sector due to Google and Facebook's power in the online advertising market ranges between €250 million and €320 million euros per year.

      Once Google (here Facebook as well) did not comply with the law - trigger for antitrust regulatory body to step in ||Jovan||||StephanieBP||

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    1.  Member States shall provide that authors of works incorporated in a press publication receive an appropriate share of the revenues that press publishers receive for the use of their press publications by information society service providers.

      The source of the issue in France and other countries - does not regulate how and how much the payments should be. ||Jovan|| ||StephanieBP||

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  6. Jun 2020
    1. At least 27 countries are using data from cellphone companies to track the movements of their citizens, and at least 30 have developed smartphone apps for the public to download.

      This is the link about the number of countries using data from cellphone companies. ||Jovan|| ||spavlovic||

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    1. “In all, close to 2 billion [mobile users] will not be benefiting from this initiative globally,” said Neil Shah, analyst at Counterpoint. “And most of these users with the incompatible devices hail from the lower-income segment or from the senior segment which actually are more vulnerable to the virus.”

      2 billion people worldwide can not use bluetooth contact tracing because their phones are incompatible (quarter of cell phones in use) ||TerezaHorejsova|| ||Jovan||

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    1. Moreover, the contact tracing app solution doesn’t even begin to address the marginalized, poor, and most vulnerable populations who do not have smartphones or access to reliable internet. Many groups designated as “high risk” for contracting the new coronavirus or having severe health consequences—the elderly, individuals with pre-existing conditions and disabilities, or those living in minority or low-income housing—either may not own a smartphone or have the ability to use the application, as few contact tracing apps were developed with accessibility in mind. This creates a data blindspot that could further put their health at risk if not taken into consideration in COVID-19 response measures. Other communities, such as refugees, migrant workers, or people experiencing homelessness, currently live in crowded conditions that would undercut the accuracy of contact tracing where social distancing is not possible. “Mobile tracking solutions create a two-tiered response to the pandemic that threatens to leave the poorest and most vulnerable people behind. Without meaningful input from minorities and other marginalized groups, tech-driven responses may reinforce systemic inequalities facing those hardest hit by the virus,” says Amos Toh, a senior researcher on artificial intelligence and human rights at Human Rights Watch.

      How contact tracing apps enhance disparities and discrimination - true not only for population segments, but for whole countries ||TerezaHorejsova|| ||Jovan||

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    1. Yes, global standardisation establishing organisations such as ITU, ISO or IEC are critical to ensure interoperability and compatibility of different systems and processes to foster seamless coordination and collaboration across different actors, states, and enterprises. The ITU has been quite active in highlighting the role of ICT actors in supporting the response to the ongoing public health crisis. A recent ITU webinar focused on contact tracing in the EU context. The webinar highlighted the Pan-European Privacy-Preserving Proximity (PEPP-PT) initiative that intends not only to be GDPR compliant but also to steer away from any personal data exchange. Thomas Wiegand, Professor at the Fraunhofer Heinrich Hertz Institute and Chair of ITU’s Artificial Intelligence for Health Focus Group, said that the institute would publish the protocol very soon and would potentially make related proposals as part of the ITU standardization process.

      On global standardization process of contact tracing apps by Rahul Jha of ITU ||TerezaHorejsova|| ||Jovan||

    1. Open Letter: EDRi urges enforcement and actions for the 2 year anniversary of the GDPR

      ||spavlovic|| second civil society perspective on the issues of implementation of GDPR

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    1. STATE OF PLAY, ANALYSIS, AND RECOMMENDATIONSTWO YEARS UNDER THE EU GDPRAN IMPLEMENTATION PROGRESS REPORT

      ||spavlovic|| civil society perspective on the 2 years of GDPR implementation

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    1. This initiative will report on how the GDPR is being implemented, 2 years after its entry into application.

      ||spavlovic|| underway according to Art 97 of GDPR

    1. compliance is a dynamic process and does not happen overnight. The national data protection authorities, as the competent authorities to enforce data protection rules, have often not yet reached their full capacities. We therefore call upon Member States to equip their data protection authorities with the adequate human, financial and technical resource to make effective use of their enforcement powers.

      this is what I meant speaking about 2nd GDPR anniversary and enforcement issues ||spavlovic||

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    1. Contact tracing apps: A new world for data privacy Publication |  May 2020

      ||spavlovic|| This a good overview of the legal situations in many countries - France, Germany, United States

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  7. May 2020
    1. The 2015 MERS outbreak, however, triggered amendments to the Contagious Disease Prevention and Control Act (CDPCA) and, with the amendments, the CDPCA was given authority to override certain provisions of the PIPA and other privacy laws. Thus, under the current CDPCA, public agencies including the Ministry of Health and Welfare (MOHW) and Korea Centers for Disease Control and Prevention (KCDC) can, at the outbreak of a serious infectious disease, collect, profile, and share 7 categories of data (Figure) that pertain to infected individuals or those suspected to be infected. Specifically, the data that can be collected include location data (including location data collected from mobile devices); personal identification information; medical and prescription records; immigration records; card transaction data for credit, debit, and prepaid cards; transit pass records for public transportation; and closed-circuit television (CCTV) footage.

      Changes in privacy laws - direct impact of epidemic in South Korea (PIPA relaxed to accomodate for contact tracing data collection) ||spavlovic||

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    1. With the amendment, power was transferred and centralized to the Minister who was given the authority to decide in all the matters that had previously belonged to the regional Commissions, and he was also given new powers. The Health Minister is now authorized to access a person’s home with police assistance without prior court order. He is also entitled to use police assistance to isolate, examine or treat a person who is infected or believed to be infected with one of the communicable diseases listed in the appendix to the Act.

      Additional aspect - home sanctity as a right limited in health crisis ||spavlovic||

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    1. Privacy and public health: the dos and don’ts for COVID-19 contact tracing apps

      This is a good roundup of the measures to ensure the limitation for HR (legality, proportionality, necessity

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    1. The state spent $2.75 million to purchase the app and is paying a monthly maintenance fee of $300,000, according to contracts obtained by BuzzFeed News. But as of May 18, just 45,000 of the state's 3.2 million people had downloaded Healthy Together, according to Twenty.

      The adoption rate v. cost spent should be mentioned in the tracing apps governmental considerations

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