Privacy and personal data collection

Données personnelles : la CNIL audite 250 sites – JDN Web & Tech. 7 mai 2013

The French Regulatory Authority for HR related to IT (CNIL) has on 6 may 2013 looked at 250 websites to check their compliance (or lack of) with privacy laws and data protection regulations.

Interesting as a day after Eric Schmidt from Google declared there could be a button to erase personal data. although before the EU commission, Google was first to oppose … the right to be forgotten! JDN, 7 mai 2013

 

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Posted in Anonymity, Countries - France, Data retention, Privacy | Leave a comment

Report on Hadopi and piracy by P. Lescure, 2013 – France

Mission « Acte II de l’exception culturelle » : contribution aux politiques culturelles à l’ère numérique – Rapports publics – La Documentation française.

Pierre Lescure, who for years run Canal+, the private, fee-paying, TV channel, chaired a committee to review policies on piracy and thus Hadopi. The report is big (10MB, 719 pages) and was published on 13 M ay 2013. Available freely on the website of the Documentation française.

The committee used notably a blog to gather information and comments, and to publicise hearings of various people. See blog http://www.culture-acte2.fr/

It recommends suppressing Hadopi … and transfering its ‘jurisdiction’ to the CSA, another regulatory authority in charge of regulating ‘visual communication’ (TV). Current fines’ threshold would be lowered (60 euros instead of 1500 €) except if reoffending. Taxes should be implemented on tablets and smartphones -any connected device- to help fund

See Vie publique 14 mai 2013 “Hadopi, réponse graduée, aides à la création: les propositions de la mission Lescure

For a longer review of the proposals: JDN, Matthieu Berguig (lawyer) “Commission Lescure: la montage a-t-elle accouché d’une grosse souris?” 13 mai 2013

But the Minister of culture affirmed there will be no tax, at least for this year. (JDN, 15 mai 2013): http://www.journaldunet.com/ebusiness/le-net/bercy-rejette-la-taxe-lescure-0513.shtml?utm_source=benchmail&utm_medium=mail&utm_campaign=ML7_E10245577&f_u=15900014

For another solution, found on the comment box in the JDN article 13 mai 2013 and on the blog culture acte2.fr: the idea is that the user/consumer has a “M account” where eveything s/he buys go into; the account would allow him/her to listen, view any content on whatever device for the rest of his life; the “M account” is like a platform (instead of a material support like a CD or a DVD) that the person would keep for life (like when s/he owns a CD or DVD) using cloud computing. The “M account” can be managed by the person or by a manager who then cannot look at the content or modifiy it or publish it (here I am tempted to add, cannot sell the data gathered!). See http://iiscn.wordpress.com/2011/05/15/piratage-hadopi-etc/ and http://iiscn.wordpress.com/2011/05/15/concepts-economie-numerique-draft/ (you will see a diagram and it is all in English, so don’t be worried about translation).

Posted in Countries - France, Offences - Piracy | 2 Comments

EU directive on financial markets regulation (24 november 2010) transposed in France

Dépêches JurisClasseur | LexisNexis en France. Supervision bancaire et financière: autorités de surveillance, 16 mai 2013

The statutory instrument (décret n° 2013-388 du 10 mai 2013) adapted the monetary and financial code to incorporate the EU directive on financial regulation. What I find fascinating is that before the financial crisis of 2008, people laughed at the idea there will be a financial regulation authority at EU level that will supervise national authorities and markets. Two years later, the idea became a directive; five years -at least for France-, it is a reality embedded in national legislation. Towards federalism?

the other aspect that is fascinating is to see the regulatory movement at national level being replicated at EU level: authorities are created to 1) receive information, 2) edict norms, 3) and impose sanctions. The EU: a power to impose sanctions that can bypass perceived national inefficiencies! Given that some of those sanctions could be construed as criminal charge in light of the ECHR article 6’s caselaw, I wonder why there is so little fuss about the FMEA’s powers…

Posted in Corporate Responsibility, Council of Europe, Countries - France | Leave a comment

French White paper on defense and national security 2013 –

Livre blanc sur la défense et la sécurité nationale 2013 – Rapports publics – La Documentation française.

a PDF document to download (sorry in French): pages 105 to 107 look at cybersecurity and defense. Nothing fundamentally new, but an emphasis on resilience, intelligence and responsiveness, with the help of international cooperation, two countries being cited: the UK and Germany. The EU is not forgotten either, with reference to the European policy related to critical infrastructures and networks.

Posted in Council of Europe, Countries - France | Leave a comment

SLS Cyberlaw Section 2013 -The programme for Edinburgh

Microsoft Word – SLS Cyberlaw Section 2013 – sls-cyberlaw-section-2013-edinburgh2.pdf.

Self-explanatory: the programme for Thursday 5th and Friday 6th September in Edinburgh

 

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Call for Papers 2013 « SLS Cyberlaw Section 2009 –

Call for Papers 2013 « SLS Cyberlaw Section 2009 –.

For academics and practitioners: abstracts are very welcome. This year conference will be in Edinburgh, on the 5th and 6th September.

The Cyberlaw Section has now its own blog: http://cyberlawsection.wordpress.com/

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A threat on Facebook: a crime?

Should Making A Threat On Facebook Be A Crime? | Techdirt. 22 August 2012

the answer is yes as long as the circumstances fit within the legal definition of the crime.

it is a question as much of common sense than legal interpretation respectful of freedom of expression.

See “Common Sense For School Internet Safety Policies” TechDirt 31 August 2012

Posted in Countries - UK, Freedom of speech, Offences - Incitement/provocation, Offences - Violence against the person, Social networking - Facebook | Leave a comment

The UN In Charge Of Cybersecurity Standards?

Do We Really Want The UN In Charge Of Cybersecurity Standards? | Techdirt. 11 September 2012

I don’t have an issue with the UN per se in charge. After all we have the UN Declaration of Human Rights…

but the issue seems more that the UN is susceptible to lobbying, but then, how much compared to the US COngress?

Posted in Data retention, United Nations | Leave a comment

Cybersecurity: human failure, data leaking and knowledge of it all

Hackers Get Personal Info On 12-Million Apple Users… From An FBI Laptop | Techdirt. 4 September 2012

I like the story in that the FBI spies (illegally probably, and if legally it raises questions of human rights) and the hackers end up with the data. The irony of surveillance done by Government going back to private hands. At least if the hackers just did it to reveal the FBI’s behaviour and not to commit further offences!

the story also raises questions about the need for the FBI to have the dat of 12 million Apple users. I can’t believe that those users are at say 90% offenders. Power of surveillance for what? ending up in a dictatorship?

which also makes the previous post quite relevant: “Humans: Still The Weakest Link In The Security Chain” TechDirt 14 August 2012

and raises the question of knowledge of those incidents. We tend not to know about it, especially if they involve only private companies which do not want to appear unreliable: Cyber incidents reporting in the EU – ENISA report of Augst 2012 http://www.enisa.europa.eu/activities/Resilience-and-CIIP/Incidents-reporting/cyber-incident-reporting-in-the-eu/at_download/fullReport, and for the French post on Euractiv

Posted in Anonymous and Co, censorship, General - Cybercrime patterns, General - Legal/non legal responses to cybercrime, Offences - Hacking (unauthorised access), Prevention - Security, Surveillance | Leave a comment

Pussy Riots and Wikileaks: infamous comparisons?

The Same Day Russia Sentences Pussy Riot, It Condemns The UK Over Julian Assange | Techdirt. 20th August 2012

I will come back on the Pussy Riots case (I have a few words to say on Putin’s comments that the sentence should be light, on the basis of basic legal rights), but right now let us look at the comparison Russia brings between Assange/Wikileaks, and the US and UK, merely that pursuing Assage is not to the taste of Russia. I have to say that on the principle of freedom of expression Russia has a point: one can’t criticise Russia but accept to possibly prosecute Assange re Wikileaks. not a consistent position re freedom of internet/speech.

yet in terms of scale of behaviour’s severity, there is a world between Assange/Wikileaks with its wide-ranging disclosures that, for some of them, potentially threaten national security, and three women dancing in a church (even accepting that the Church is a sacred place) to criticise, without revealing anything new, Putin and its circle of power, money and corruption. I don’t think the US is justified in its position re Wikileaks, but compared to Russia, they are a democratic country, whereas Russia clearly appears autocratic for any type of political issues.

The fact that Gasparov, the famous chess player, was arrested says it all. Russia still has to learn a lot from the UK and the US on both freedoms and censorship! “Garry Kasparov Was Arrested Outside Of Pussy Riot Courthouse“, TechDirt, 20 August 2012
For similar disparities: “US: India, Stop Censoring Websites! India: Wikileaks, Hello? US: That’s Different!“, TechDirt, 29 August 2012

and the video of Al Jazeera: “From SOPA To Cybersecurity: All About Trying To Control The Internet” on Tech Dirt, 10 August 2012

Posted in censorship, Countries - UK, Countries - US, Freedom of speech | Leave a comment