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Notes by zephoria - Open Access Journals. Zephoria. Data protection and privacy global insights. By Stewart Room Follow @StewartRoom After four long years of political processes, business lobbying and endless articles, blogs and tweets, the General Data Protection Regulation is here. And last’s night’s compromise even managed to deliver some surprises, such as the maintenance of the compulsory Data Protection Officer (DPO) requirement and... By Monica Salgado View Monica Cardoso Salgado's profile The Portuguese Data Protection Authority (“Authority”) has been one of the first EU Data Protection Authorities to issue statements with regards to cross border transfers of personal data in the aftermath of the Safe Harbor judgement by the Court of Justice of...

By Stewart Room Follow @StewartRoom Operational Adequacy Schemes - a solution to the real harm questions at the heart of the Safe Harbour judgment and the GDPR. To find out more about PwC's view, click here: Stewart Room | Partner | PwC Legal | +44 (0)20 7213 4306... By Dr. Privacy & EDiscovery. Smart Chip, Simple Illusions: NFC and the BC Services Card. This is a guest post from my colleague, Adam Molnar, who has been conducting research on the BC Services Card.

Adam is a PhD Candidate in the Department of Political Science at the University of Victoria and a member of the New Transparency Project. His dissertation research focuses on security and policing legacies associated with mega-events. You can find him on Twitter at @admmo In just two weeks, the province of British Columbia will be launching the new BC Services Card. The Services Cards feature a host of security enhancements, including layered polycarbonate plastics, embedded holography, laser etchings for images and text appearing on the card, and the integration of a Near Field Communications (NFC) chip.

The BC government has been touting NFC as an enhanced security feature in the Services Card initiative. I begin by providing a brief explanation about what NFC is and the government’s proposed deployment strategy linked with the chip. What is a Near-Field Communications Chip? Blog Roll | Compliance Building. What?!? Now we’re not even allowed to link to the Olympics website? Digital We’ve heard a lot about how the Olympics Games will take over London in the past few weeks: missile launchers on rooftops, non-approved chips banned from the Olympic site, protest threatened, Twitter accounts censored. But we must admit we hadn’t noticed the Olympic organisers attempts to change the way the entire internet works. Our attention has been drawn to the terms of use of the London 2012 website, which make it very clear under what circumstances you’re allowed link to the site: Links to the Site.

Got that? This obviously presents a problem. So I’m not going to say that. Here’s the link to the eminently sensible Terms of Use Padraig Reidy is News Editor at Index on Censorship More London 2012.

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Lawyer Watch | Research and Commentary on the Legal Professions from Richard Moorhead. Au dessus du volcan. La Plume d'Aliocha. Actualités du droit. Combats pour les droits de l'homme (CPDH) | Points de vue engagés sur l'actualité des droits de l'homme.

IPrivacy4IT – Clarinette's blog. Net.wars: An affair to remember. Politicians change; policies remain the same. Or if, they don't, they return like the monsters in horror movies that end with the epigraph, "It's still out there... " Cut to 1994, my first outing to the Computers, Freedom, and Privacy conference. I saw: passionate discussions about the right to strong cryptography. The counterargument from government and law enforcement and security service types was that yes, strong cryptography was a fine and excellent thing at protecting communications from prying eyes and for that very reason we needed key escrow to ensure that bad people couldn't say evil things to each other in perfect secrecy. The listing of organized crime, terrorists, drug dealers, and pedophiles as the reasons why it was vital to ensure access to cleartext became so routine that physicist Timothy May dubbed them "The Four Horsemen of the Infocalypse".

Cut to 2000 and the run-up to the passage of the UK's Regulation of Investigatory Powers Act. And so to this week. Wendy M. Miriam Meckel – Iran, Robert Mackey and i. Dr. Miriam Meckel is a fellow at the Berkman Center this year, and is Director of the Institute for Media and Communication Management at University of St. Gallen in Switzerland. Her lunch talk at Berkman Tuesday looked at the changing relationship between journalism and social media, through a case study of a journalist – Robert Mackey – and his use of Twitter during the Iran revolution. Her interest in the topic is personal as well as academic – as a journalist for fifteen years, she characterizes herself as “frustrated by the discussions around social media and journalism,” which often cover the same, familiar ground.

To contextualize this research, Meckel points to the ongoing interest in the relationship between journalism and social media, citing James Fallows’s “How to Save the News” in the Atlantic, which points out that Google might actually help to save journalism, at least in part because they rely on journalists’ efforts. . - Which Twitter accounts refer to Iran, in general? Michael CRITique. John Palfrey » Blog Archive » Born Digital: The Video Version. On Facebook Apps Leaking User Identities. The Wall Street Journal today reports that many Facebook applications are handing over user information—specifically, Facebook IDs—to online advertisers. Since a Facebook ID can easily be linked to a user’s real name, third party advertisers and their downstream partners can learn the names of people who load their advertisement from those leaky apps.

This reportedly happens on all ten of Facebook’s most popular apps and many others. The Journal article provides few technical details behind what they found, so here’s a bit more about what I think they’re reporting. The content of a Facebook application, for example FarmVille, is loaded within an iframe on the Facebook page. An iframe essentially embeds one webpage (FarmVille) inside another (Facebook). The content loaded by in the iframe contains the game alongside third party advertisements. And there’s the issue. But evidence clearly indicates otherwise.

What can be done about this? Probation Limitations on Internet and Facebook Use Violate First Amendment -- In re J.J. [Post by Venkat] In re J.J., Case No. D055603 (Cal. Ct. App. Oct. 15, 2010) J.J. is a 15 year old who was found to have received a stolen motorcycle. [J.J.] shall not use a computer that contains any encryption, hacking, cracking, scanning, keystroke monitoring, security testing, steganography [explanatory link added for others who may have also thought that this was a typo], Trojan or virus software.

He challenged these conditions as being overly broad and vague. The court acknowledges that juvenile courts have broader discretion in fashioning conditions of probation than courts do with adults, but nevertheless noted that probation conditions must comport with constitutional restrictions. Through the use of chat rooms, any person with a phone line can become a town crier with a voice that resonates farther than it could from any soapbox. [We know which side the court comes down on in the debate Malcolm Gladwell started over the efficacy of cyber-activism!] EU data protection law must be clearer and be fit for the digital age, says ICO | STM & Legal. Login to IWR Brussels review of IP laws needs to be handled with care Any review of the European regime needs to complement and support intellectual Property (IP) as a dr...

Self-regulation will help businesses to keep up with the web laws The European Union (EU) directive on web cookies came into force on May 26, 2011 and the Information... Small software companies need IP regime that enables them to flourish The findings of the Hargreaves Review into Intellectual Property and Growth are welcome but concerns... » more opinions STM & Legal US law students get practical know-how Practical Law content is now part of the WestlawNext law school offering ...

Editor-in-chief for SYNTHESIS steps down after 16 year stint Professor Paul Knochel takes over top job at chemistry journal... Engineering titles available on Knovel Taylor and Francis Group engineering titles are now available to engineers and researchers worldwide... » more on STM & Legal Academic & Humanities » more on Academic & Humanities Business. Speech: “The English Law of Privacy: An Evolving Human Right” – Lord Walker.

On 25 August 2010 Supreme Court Justice Lord Walker of Gestingthorpe gave a speech to Anglo-Australasian Lawyers Society at Owen Dixon Chambers, Melbourne on the subject of privacy. His title was “The English Law of Privacy: An Evolving Human Right“. The lecture contains an interesting an useful overview of the current law of privacy, particularly in relation to the media. Lord Walker suggests that, as the law of privacy develops “its origin in the law of confidence will become a historical curiosity” and that we have now reached the point where “invasion of personal privacy” is a separate tort. He emphasises the importance of “the discipline of analysing an issue correctly“, considering first the question of interference with Article 8 rights and second that of the justification for that interference.

He goes on to contrast the approach in England (and Strasbourg) with that in Australia and New Zealand He then draws attention to a Two footnotes. Like this: Like Loading... Electronic Communications, Privacy, Data Protection, and More. Panopticon Blog. 10 paths and they're all hard. We spent a couple days on mountain bikes in Switzerland recently. We got lost a lot. We didn't use GPS or geo-location-apps. We didn't really know where we were going, but we sort of had faith in our legs and our bicycles that we'd somehow get up and back down. It was good to get out on a mountain. It clears my head. I was trying to think of the big privacy challenges this year. And like choosing a mountain path that you don't know, these privacy challenges may turn out to be easy, or they may turn out to be the hardest ride of your life. Here's my list of this year's cliff-hangers. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Location-Software Maker Sues Google, Saying It’s Being Evil (& Microsoft-like) | 80beats. Skyhook, the tiny Massachusetts company that created the location software in your iPhone, sued Google this week (pdf). David is charging Goliath with trying to keep its software out of Google’s Android mobile software platform in favor of Google’s own location service, and with encouraging Skyhook’s partners to break contracts. In other words, Google is leveraging its OS market share to push its own affiliated products and snuff out competitors — kind of like Microsoft did with Internet Explorer on Windows 15 years ago.

Yikes. [] Google says it hasn’t had the opportunity to review the legal action, so it has yet to comment. Skyhook’s particular gripe is that Google is going back on its promise that Android, by being open-source, would be a free marketplace. However, they say that Google issued a “stop-ship” on Motorola phones that used Skyhook by claiming that the system wasn’t compatible with Android. Image: flickr / dannysullivan. Lawful Content | blog by Stefan Kulk. The IPKat. LLP | Search. Never Make a Promise You Can't Keep- Especially in Your Privacy Policy : Privacy Law Blog. Expect the unexpected from your Web site privacy policy. In a handful of cases, including two which were recently decided, companies have been thwarted in various, unexpected ways by the commitments made in their online privacy policies.

Are your intellectual property litigators reading your privacy policy? In FenF, LLC v. Healio Health, Inc., No. 5:08-CV-404 (N.D. OH July 8, 2010), the court held that a provision from a settlement agreement entered into by FenF, LLC (“FenF”), the plaintiff, and Healio Health, Inc. (“Healio”), the defendant, which required Healio to transfer certain customer information to FenF was unenforceable because doing so would result in a violation of Healio’s privacy policy.

When you wrote your privacy policy, were you thinking about “the end”? The XY bankruptcy was not the first time that the sale of customer lists of a company in bankruptcy was thwarted due to promises made in its privacy policy. Verified Identity Pass The Bankruptcy Code. Privacy & Security Source : Attorneys Focused on Privacy, Security, and Information Management Issues. Technically Legal. Wendy’s Blog: Legal Tags. Law enforcement demands to domain name registrars were a recurring theme of the 42d ICANN public meeting, concluded last week in Dakar. The Governmental Advisory Committee (GAC) took every opportunity at its public meetings with GNSO and Board, and in its Communique to express dismay, disappointment, and demands for urgent action to “reduce the risk of criminal abuse of the domain name system.” This conversation about domain name abuse benefits from a multi-stakeholder environment, where it can include domain registrars, registrants, and Internet users, along with law enforcement representatives.

Broad debate helps because the question is not just how to “mitigate criminal activity using the domain name system,” but how to recognize criminal activity at the DNS level, how to implement due process to protect legitimate online speakers from abusive or mistaken takedowns, and how to protect the privacy and security of non-criminal users of the domain name system. Chilling Effects Clearinghouse. Wendy Seltzer's Home Page. Freedom to Tinker | Hosted by Princeton's Center for Information Technology Policy.

Michael » Blog Archive » Facebook’s Zuckerberg: “Having two identities for yourself is an example of a lack of integrity” Facebook’s Mark Zuckerberg has a history of speaking his mind on privacy, and what he speaks is often fraught with problems, ignorance, and arrogance. For example: He’s spoken wistfully about the desire to get people over the “hurdle” of wanting to preserve some semblance of privacy online.He’s proclaimed that social norms on privacy have changed, and that Facebook is merely reacting to these shifting norms.His remarks also often reveal his failure to recognize the complexity of the issues of privacy — and trust — between users and Facebook.

But, today, I found a new statement that brings Zuckerberg’s hubris to a new level. SocialBeat has a very thoughtful piece urging Zuckerberg to be forthright and explain what he truly and genuinely believes about privacy. While searching for evidence of Zuckerberg’s broader philosophy of information, a passage from David Kirkpatrick’s forthcoming book, The Facebook Effect, is quoted: Let’s repeat that last part: Wow.

Really. At least I hope you are. Privacy & Information Security Law Blog : Privacy Lawyer & Attorney : Hunton & Williams Law Firm : Personal Data, Information Security. Apple and open and closed systems: Podcast | opencontentlawyer. Kevin Townsend. PanGloss. Anti-Counterfeiting Trade Agreemen. TechnoLlama. Peninsulawyer blog - Peninsulawyer blog. Charon QC. PrivacyCamp. JURIBLOGSPHERE - LE BLOG JURIDIQUE FRANÇAIS AU SERVICE DES INTER. That bogus social networking profile can send you to jail | Inte. Clear v. Superior Court, 2010 WL 2029016 (Cal.App. 4 Dist. May 24, 2010) The California Court of Appeal has held that a man who set up a bogus MySpace profile of his former church pastor can stand trial for criminal “personation.”

The defendant’s alleged conduct that might really put him on the hook is what he did after setting up the profile: he posted content that suggested the pastor used drugs and was gay. Because this could have resulted in the pastor losing his job, the court found the statute prohibiting personation of another might have been violated (that question will be resolved at trial unless there’s a plea deal). The criminal personation statute (Penal Code Sec. 529) has an intriguing framework for liability. Apparently it’s not enough just to say you’re someone else. But using your sister’s name when you get a traffic ticket and also forging her signature on the citation isn’t allowed. Privacy and Photography in Public. Future of Privacy Forum. Digital Lab. The Orwell Project: Hasan Elahi’s Anti-Terrorism Art. John Palfrey » Blog Archive » Born Digital: The Video Version.