Please see below re: a summer study opportunity below at the UvA:
Online activities quite often involve transfers of personal data between the European Union (EU) and the United States (US), for example when using online search, social networks and many mobile apps. Both regions are governed by different rules on the protection of informational privacy and personal data. The EU’s stance on data protection law made the headlines when its highest court ruled that individuals have a right to be forgotten vis-à-vis search engines and when it annulled the EU-US Safe Harbour scheme which backed the exchange of personal data between the two regions. The EU has strengthened its data protection legislation further with the adoption of a new regulation that aims to modernize individuals’ rights for the digital age. With such rapid developments happening we are excited to announce the opportunity to learn how these latest trends are shaping the legal landscape, on both sides of the Atlantic, in a one-week intensive summer course.
Register now and join us in the fourth Summer Course on Privacy Law and Policy organised by the Institute for Information Law (IViR) at the University of Amsterdam (UvA). The course will take place m 4 to 8 July 2016, and will be hosted in De Rode Hoed, a historic Dutch building on one of the most beautiful canals in Amsterdam. The focus of the course is on privacy law and policy related to the internet, electronic communications, online and social media. It will explore the broader trends as well as the recent developments and explains how businesses, governments, and other stakeholders can achieve their goals within the changing legal framework. The interactive seminars will be led by distinguished European and US academics, regulators and pfroractitioners investigating the EU and US legal frameworks and how these regimes operate together. The aim is not only to provide practical information about the latest development, but also looks at the bigger picture to gain an insight into where this area of law may be headed
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For additional information, contact details and to register online visit http://ivir.nl/courses/plp.
Hope to see you in Amsterdam this summer!
The discovery that the university is monitoring UC Berkeley network traffic has sparked outrage among faculty members who see such undisclosed surveillance as a significant threat to privacy.http://www.nytimes.com/2016/
A federal judge in the Western District of Washington determined that users have no expectation of privacy when using Tor, because Tor does not give its users complete anonymity–a user has to give their IP address to their Internet Service Provider to connect to the Tor network. http://motherboard.vice.com/
Oral Roberts University now requires their students to wear tracking devices to monitor their fitness.http://www.newson6.com/story/
A group from Stanford showed that the MEMS gyroscopes found on modern smart phones are sufficiently sensitive to measure acoustic signals in the vicinity of the phone, making it possible to identify speaker information and even parse speech.
https://crypto.stanford.edu/gyrophone/
NBC attempted to glean Netflix’s viewership ratings with the help of tech firm Symphony, which measures TV viewing using audio content recognition technology—software loaded on to user’s phones that tracks viewership by capturing the soundtrack of the program.
http://www.vox.com/2016/1/13/10764818/netflix-ratings
The U.S. Senate is currently considering passing the Judicial Redress Act, which would allow citizens of European nations and other designated allies the ability to request corrections of inaccuracies in data held by a number of U.S. agencies, verify their data has not been improperly disclosed, and seek civil judicial recourse in certain circumstances.
On December 15th, the Luxembourg Presidency of the Council of the European Union reached an informal agreement in trialogues with the European Parliament on the ‘Data Protection’ Package which will set out new European rules on privacy in the digital age.
http://europa.eu/rapid/press-release_IP-15-6321_en.htm
Asylum Seekers in Germany will receive an identification card that stores biometric information, medical history, and job skills, among other data.
http://www.wsj.com/articles/germany-cabinet-approves-id-card-plan-for-migrants-1449663398
Ideas for Presentations:
The Electronic Frontier Foundation (EFF) filed a complaint with the Federal Trade Commission against Google alleging the company has been collecting and data mining children’s data and Internet searches on their Google-sponsored Chromebooks, despite signing a legally enforceable Student Privacy Pledge.
Link: Google Deceptively Tracks Students’ Internet Browsing, EFF Says in FTC Complaint
Mark Zuckerberg announced the birth of his daughter with the creation of a $45 billion dollar charity initiative in an open letter he posted on the social network earlier this week. The initiative has sparked criticisms from critics wary of the charity’s LLC status, which gives Zuckerberg and Chan more flexibility in how the money can be used.
Link: Mark Zuckerberg Vows to Donate 99% of his Facebook Shares for Charity and Zuckerberg, Chan $45B Pledge is Not for Charity, but a Company
Facebook authorities have agreed to meet with the Banglesh government to increase cyber security measures. In particular, the deal will focus on measures to stop violence against women occurring over, or because of information spread through the social network.
Link: Facebook, Bangladesh to Meet for Cyber Security Deal
Yahoo briefly experimented with blocking people using ad-blocking software. Users who tried to log in to their Yahoo mail were prompted to turn off their ad blocker. The experiment was abruptly discontinued following complaints.
Link: Yahoo Mail Tried to Block Ad Blockers, and it Might Have Backfired
Austrian privacy campaigner, Max Schrems, has filed complaints with the data protection agencies of Ireland, Germany and Belgium, demanding they stop Facebook from transferring data of EU citizens over to the United States.
Link: Max Schrems Demands Facebook Stop EU to US Data Transfer Due to Snooping
The Republic of Kazakhstan will require that all Internet users within the country install national security certificates, which could be used to track traffic going in and out of the country.
Link: Kazakhstan Announces Plan to Spy on Encrypted Internet Traffic
The NSA’s bulk surveillance expired as of midnight on November 30th. Under the new system, NSA analysts and law enforcement will be required to get a court order to gain access to phone records. All metadata that has been collected through the program will be preserved through February 29th.
Link: NSA to Shut Down Bulk Phone Surveillance Program by Sunday
New lending startups are looking at potential borrowers’ phone records to assess creditworthiness, using variables such the number of texts sent and received, miles traveled, or even how frequently they charge their phone, in lieu of absent credit histories.
Link: Lending Startups Look at Borrowers’ Phone Usage to Asses Creditworthiness
There was a congressional hearing on the new email privacy bill earlier this week.
Link: Congress Wants to Protect Your Emails from Warrantless Searches
In the wake of the attacks on Paris, debate in the United States has again looked determining the appropriate balance between privacy and security, especially with regard to encryption.
Similarly, European politicians have begun discussing the issue with regard to airline passenger data.
New technology permits device cross- by including a unique sound in a TV commercial that a mobile application containing the SilverPush “audio beacon” recognizes. That app would typically be brand-specific. Once the sound is heard, the application knows what the user is watching.
Link: http://www.forbes.com/sites/thomasbrewster/2015/11/16/silverpush-ultrasonic-tracking/
This past week, Fortune reported that U.S. retailers were using facial recognition software to target shoplifters.[1] The technology works by scanning the face of customers entering a store and seeking to match the photograph with a group of previously identified individuals. According to the article, this previously identified group is created by the security personnel employed by the store.[2] This article raises several fascinating questions: (1) who owns an individual’s face; (2) what other databases can be compared to the facial scans; and (3) how accurate is the the scanning technology.
Facebook and Google, among other online tech giants, have been using facial recognition software to “tag” individuals in photographs for several years now.[3] This allows these social media platforms to identify users is in a photograph to post on their profile. In addition, it allows the platform to gather information about friend groups to provide superior marketing information to its advertisers. The U.S. Department of Commerce created a working group to determine the answer of who owns the facial scan.[4] However, privacy groups dropped out of the working group after they were unable to get companies to agree to basic privacy controls. There is a question of whether taking continual photographs requires the consent of those photographed, which would likely render facial recognition software impractical.[5]
While relatively new to the U.S., this technology has been used in Europe for years. For instance, a music festival in the U.K. adopted this technology to scan the faces of concertgoers.[6] The police claimed that the the system was to be used “to find organized criminals who prey on festivalgoers who are often victims of theft.”[7] This use of facial scanning shows the potential of the technology: software can incorporate broader databases into the facial database to catch individuals who may have a warrant out for failing to pay a parking ticket.
A final question raised is the accuracy of the technology. One study found that the FBI’s database, which contains the most pictures but is also one of the least technologically advanced, can only provide the right person 80% of the time.[8] Facebook, on the other hand, claims that it’s algorithm depicts the same person 97.25% of the time which is almost equivalent to a human.[9] However, there are no good studies that currently depict the real time offline accuracy of facial recognition software.[10]
Walmart’s experiment only lasted a couple of months after it found that it did not have a good return on investment.[11] In addition, many other companies appear reticent to use the technology. While Congress or the Department of Commerce can hopefully one day find a workable solution to these legal questions, many companies are already scared about the privacy backlash that may occur by adopting these scanners.
[1] Jeff John Roberts, Walmart’s Use of Sci-fi Tech to Spot Shoplifters Raises Privacy Questions, Fortune (Nov. 9, 2015), http://fortune.com/2015/11/09/wal-mart-facial-recognition/.
[2] Id.
[3] Help Center: Tagging Photos, Facebook, https://www.facebook.com/help/122175507864081 (last visited Nov. 16, 2015).
[4] Robinson Meyer, Who Owns Your Face, The Atlantic (Jul. 2, 2015), http://www.theatlantic.com/technology/archive/2015/07/how-good-facial-recognition-technology-government-regulation/397289/.
[5] Id.
[6] Paul Gallagher, Download Festival: Facial Recognition Technology Used at Event Could be Coming to Festivals Nationwide, Independent (London, U.K.) (Sept. 24, 2015), http://www.independent.co.uk/news/uk/crime/download-festival-facial-recognition-technology-used-at-event-could-be-coming-to-festivals-10316922.html.
[7] Id.
[8] Tim Cushing, The FBI’s Facial Recognition Database Combines Lo-Res Photos with Zero Civil Liberties Considerations, techdirt (Apr. 15, 2014), https://www.techdirt.com/articles/20140414/16045126909/fbis-facial-recognition-database-combines-lo-res-photos-with-zero-civil-liberties-considerations.shtml.
[9] Meyer, supra note 4.
[10] Id.
[11] Roberts, supra note 1.
A court in Brussels decided on Monday that Facebook would no longer be able to collect and store personal information from Belgians who do not have a Facebook account; Facebook announced that it would appeal the ruling.
Link: Facebook to Appeal a Belgian Court’s Ruling on Data Privacy
Walmart experiments with facial recognition technology to spot potential thieves.
Link: Walmart’s Use of Sci-fi Tech to Spot Shoplifters Raises Privacy Concerns
Goethe-Institut New York to host symposium on “Images of Surveillance: The Politics, Economics, and Aesthetics of Surveillance Societies” December 4-6, 2015
Charges announced in “one of the biggest cyber crimes in history”.
Link: Charges Announced in J.P. Morgan Hacking Case
Data Transparency Lab to take place at MIT November 16-17, 2015
Judge Leon deems NSA bulk telephony metadata collection program unconstitutional.
Link: Judge Deals a Blow to N.S.A. Data Collection Program
Microsoft announces that it will offer its European customers to store their personal data in Germany, responding to privacy concerns.
Link: Microsoft Offers EU Customers Option to Store Data in Germany
Research by longtime PRG participant Luke Stark and Data & Society’s Alex Rosenblat about the on-demand economy in the context of Uber’s rideshare service is quoted in the Wall Street Journal:
Link to WSJ: At Uber, the Algorithm is More Controlling than the Real Boss
Link to SSRN article: Uber’s Drivers: Information Asymmetries and Control in Dynamic Work
Supreme Court hears Spokeo case: Is Digital Injury “Real” Injury? Thoughts on Spokeo v. Robins
UK passes controversial draft Investigatory Powers Bill: Surveillance Bill Triggers Alarm over Sweeping Powers for Spies
PRG’s own Scott Skinner-Thompson publishes article in Slate on a recent DOED decision on trans-inclusion in locker rooms: The Department of Education’s Common-Sense Approach to Transgender Inclusion