Friday, November 13, 2020

...and yet I can’t prove that my vote was recorded correctly, or at all. Funny that.

https://www.bespacific.com/the-november-3rd-election-was-the-most-secure-in-american-history/

The November 3rd election was the most secure in American history





Wider jurisdiction and wider scope of defamation?

https://techcrunch.com/2020/11/12/facebook-loses-final-appeal-in-defamation-takedown-case-must-remove-same-and-similar-hate-posts-globally/

Facebook loses final appeal in defamation takedown case, must remove same and similar hate posts globally

Austria’s Supreme Court has dismissed Facebook’s appeal in a long running speech takedown case — ruling it must remove references to defamatory comments made about a local politician worldwide for as long as the injunction lasts. [Does it then have to put them back? Bob]

Questions were referred up to the EU’s Court of Justice. And in a key judgement last year the CJEU decided platforms can be instructed to hunt for and remove illegal speech worldwide without falling foul of European rules that preclude platforms from being saddled with a “general content monitoring obligation”. Today’s Austrian Supreme Court ruling flows naturally from that.

Austrian newspaper Der Standard reports that the court confirmed the injunction applies worldwide, both to identical postings or those that carry the same essential meaning as the original defamatory posting. [So, would this article have to be suppressed? How about if I posted it in place of the original? Bob]





Also more work from home. What will that tracking show?

https://onezero.medium.com/welcome-back-to-the-office-please-wear-this-tracking-device-98747a66750f

Welcome Back to the Office. Please Wear This Tracking Device

A boom in contact tracing devices could herald a new era of worker surveillance





I doubt anyone has THE answer, yet. Keep trying.

https://www.wsj.com/articles/washington-state-could-be-the-2021-battleground-for-internet-privacy-11605177001

Washington State Could Be the 2021 Battleground for Internet Privacy

A senior lawmaker in Washington believes the state can be the next hub for consumer privacy legislation in the U.S., following California’s lead. But he faces continued opposition from within his own party over how it should be enforced.

State Sen. Reuven Carlyle, a Democrat who chairs the Washington state Senate’s Environment, Energy & Technology Committee, said he is evaluating the recently approved California Privacy Rights Act with an eye toward updating the Washington Privacy Act in the coming weeks in preparation for the next legislative session beginning in January.

Similar to data protections in the CPRA, Mr. Carlyle’s draft 2021 bill would give residents the right to request companies to delete or correct their personal data. The proposal would also allow consumers to opt out of data processing for certain purposes, such as targeted advertising, and require businesses to conduct data-protection assessments.

The key sticking point is enforcement, state officials say, namely whether to create a private right of action that would allow individuals to sue companies for alleged violations.

I do not support that position in any way,” Mr. Carlyle said, warning of frivolous lawsuits and citing opposition from the business community. “I strongly believe state-level [attorney general] enforcement is the way you can most effectively enforce the bill.”

Some other state officials, including Attorney General Bob Ferguson, argue that such a private right of action is crucial.

Last year’s data privacy bill was unenforceable,” Mr. Ferguson, a Democrat, said in a statement. “The bill prohibited individuals from going to court to protect their rights, and failed to give my office the tools we need to ensure compliance.”



(Related) If not an answer, a strong suggestion.

https://www.huntonprivacyblog.com/2020/11/12/european-commission-publishes-draft-of-new-standard-contractual-clauses/

European Commission Publishes Draft of New Standard Contractual Clauses

On November 12, 2020, the European Commission published a draft implementing decision on standard contractual clauses for the transfer of personal data to third countries pursuant to the EU General Data Protection Regulation (“GDPR”) along with its draft set of new standard contractual clauses (the “New SCCs”).





Should be informative.

https://www.eff.org/deeplinks/2020/11/introducing-how-fix-internet-new-podcast-eff

Introducing “How to Fix the Internet,” a New Podcast from EFF

Today EFF is launching How to Fix the Internet, a new podcast mini-series to examine potential solutions to six ills facing the modern digital landscape.

We are launching the podcast with two episodes: The Secret Court Approving Secret Surveillance, featuring the Cato Institute’s specialist in surveillance legal policy Julian Sanchez; and Why Does My Internet Suck?, featuring Gigi Sohn, one of the nation’s leading advocates for open, affordable, and democratic communications networks. Future episodes will be released on Tuesdays.

We’ve also created a hub page for How to Fix the Internet. This page includes links to all of our episodes, ways to subscribe, and detailed show notes. In the show notes, we’ve included all the books mentioned in each podcast, as well as substantial legal resources—including key opinions in the cases we talk about, briefs filed by EFF, bios of our guests, and a full transcript of every episode.

You can subscribe to How to Fix the Internet via RSS. Stitcher, TuneIn, Apple Podcasts, Google Podcasts, and Spotify and through any of the other podcast places.





If the music companies can do it, the ISPs must also.

https://www.natlawreview.com/article/internet-service-provider-isp-cox-communications-found-liable-to-tune-1-billion

Internet Service Provider (ISP) Cox Communications Found Liable to the Tune of $1 Billion For Allowing Users to Illegally Share Music Files on Peer-to-Peer Networks

Recently, the Eastern District of Virginia upheld a music piracy jury verdict against the internet service provider Cox Communications. See Sony Music Ent. v. Cox Commc’ns, Case No. 1:18-cv-950-LO-JFA, 2020 U.S. Dist. LEXIS 105071 (E.D. Va. June 2, 2020). The jury returned a $1 billion damage award against Cox Communications who was accused of knowingly allowing subscribers to share and download infringing songs via peer-to-peer sharing platforms such as BitTorrent. Holding an internet service provider liable for the infringing acts of its users, this case sets the stage for a closely watched appeal.

… The jury found Cox failed to address the copyright infringement despite receiving information from the copyright owners about the time, place, and IP addresses responsible for illegally distributing and reproducing music files over Cox’s network. The court agreed there was enough evidence to find the technology used to detect the infringement was reliable, Cox had the right and ability to supervise the infringement committed by its subscribers, and Cox gained a financial benefit from the infringement. There was sufficient basis for the jury to find Cox liable for vicarious copyright infringement, and because Cox failed to address the specific notices of infringement, for contributory infringement as well.





Perspective. I suspect the President’s insistence that ‘employees’ “do what I want, ignore the facts” will inform most of the post-presidential investigations of his business dealings. By the way, Krebs was fired.

https://www.reuters.com/article/us-usa-cyber-officials-exclusive-idUSKBN27S2YI

Exclusive: Top official on U.S. election cybersecurity tells associates he expects to be fired

Top U.S. cybersecurity official Christopher Krebs, who worked on protecting the election from hackers but drew the ire of the Trump White House over efforts to debunk disinformation, has told associates he expects to be fired, three sources familiar with the matter told Reuters.



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