Because
you never know who might become an enemy? (Or when you might need to
leave evidence of some crime on someone’s phone.)
Chinese
communist party’s app is reportedly spying on its 100M users
A report from
the German cybersecurity firm Cure53
suggests the Chinese communist party’s app, Study the Great Nation,
has ‘superuser’
access to over 100 million Android devices. It notes the app has
a backdoor through which the government can access messages,
photos, contacts, and internet browsing history of these
handsets.
Curious. Who
will become “choosers of the slain?”
New
San Francisco Office Could Curb 'Reckless' Rollouts of Emerging Tech
San Francisco
Board of Supervisors President Norman Yee unveiled this week a
proposal to create an Office of Emerging Technology to help the city
get ahead of the next wave of new devices and services taking off in
the high-tech sphere.
The office
would be one of the first of its kind in the country, said Yee, and
it would help startups navigate city bureaucracy to obtain permits to
operate on the city's streets, sidewalks and other infrastructure.
… But the
office will do more than just help eager tech firms obtain approvals
and permits. It will also have the power to weigh the potential
impact of a proposed technology on city infrastructure and public
safety — as well as privacy and security — before giving a green
light to a pilot project or product launch.
… Last
April, San Francisco officials were forced to play regulatory
catch-up and send cease-and-desist letters to startups Lime, Bird and
Spin after the companies suddenly flooded the streets with thousands
of electric scooters, blocking sidewalks and sparking angry
complaints from residents. Yee thinks the new office could curb
future bumpy rollouts and anti-tech backlashes.
“Now that we
had a moment to think...”
New
Draft ePrivacy Regulation Released
The
Council of EU Member States – one of the two main EU lawmaking
bodies – recently released a new draft
version of
the ePrivacy Regulation (“EPR”). Negotiations on the regulation
have been deadlocked for a while, but seem to be gathering new
momentum under the Finnish Presidency. Below we highlight some
selected topics that may be of interest to readers.
Getting
serious now that the threat seems to be getting closer?
The
Netherlands Releases a Tour de Force on International Law in
Cyberspace: Analysis
In
a July 2019 letter to parliament, the Dutch Minister of Foreign
Affairs set out the Government’s views
on
“the application in cyberspace of relevant elements of existing
international law.” That letter has now been made public. It is
an extremely granular statement, not only in terms of scope, but also
with respect to the legal basis for the positions taken. As such, it
is a major contribution to the growing body of opinio
juris on
the subject that includes the recently released French Ministry of
Armies’ International
Law Applicable to Operations in Cyberspace,
(see here,
here,
and here
),
the Estonian President’s speech
this
year, the UK Attorney General’s Chatham House speech
last
year, and Australia’s current International Cyber Engagement
Strategy (annex
on international law ).
International cyber law is a subject close to home
for the Netherlands, which in April 2018 was the site of a Russian
military intelligence (GRU) cyber
operation targeting the Organisation
for the Prohibition of Chemical Weapons. The country clearly
understands that clarity in international law can serve deterrent
purposes, lessen the likelihood of unintended escalation in
cyberspace, and enable certain robust responses to hostile cyber
operations (see here
and here
). Accordingly, the country is very
active in the ongoing
work in the UN of the Group of
Governmental Experts on Advancing Responsible State Behaviour in
Cyberspace (GGE) and in the UN Open Ended Working Group (OEWG). The
Netherlands has also taken the lead in other norms-strengthening
activities, including the Global
Commission on the Stability of Cyberspace,
the EU
Cyber Diplomacy Toolbox, and the
Hague Process, by which that country engages in international law
capacity-building around the world.
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