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WHOIS Inaccuracy Could Mean Noncompliance with GDPR

The European Commission recently released technical input on ICANN's proposed GDPR-compliant WHOIS models that underscores the GDPR's "Accuracy" principle - making clear that reasonable steps should be taken to ensure the accuracy of any personal data obtained for WHOIS databases and that ICANN should be sure to incorporate this requirement in whatever model it adopts. Contracted parties concerned with GDPR compliance should take note. more

GDPR - Territorial Scope and the Need to Avoid Absurd and Inconsistent Results

There is an urgent need to clarify the GDPR's territorial scope. Of the many changes the GDPR will usher in this May, the expansion of EU privacy law's territorial scope is one of the most important. The GDPR provides for broad application of its provisions both within the EU and globally. But the fact that the GDPR has a broad territorial scope does not mean that every company, or all data processing activities, are subject to it. more

First Do No Harm: Ensuring Compliance with the EU's GDPR While Preserving Access to WHOIS Data

There is growing concern about how ICANN will comply with the EU General Data Protection Regulation (GDPR), whose enforcement sanctions come into force in May of 2018. How will ICANN comply with GDPR without unduly restricting global Internet users' access to the public WHOIS database? For nearly the past 20 years, Internet users, businesses, law enforcement and consumer protection agencies have relied on WHOIS as a necessary resource. more

Internet Governance Outlook 2018: Preparing for Cyberwar or Promoting Cyber Détente?

In 2018, Internet Governance will be one of the top priorities in the geo-strategic battles among big powers. In today's world, every global conflict has an Internet-related component. There is no international security without cybersecurity. The world economy is a digital economy. And human rights are relevant offline as well as online. It is impossible to decouple cyberspace from the conflicts of the real world. more

The Digital Geneva Convention Exists: Just Use It

It is one of those surreal, ironic moments in time. This coming week, an event called the Internet Governance Forum (IGF) 2017 will be held at Geneva in the old League of Nations headquarters now known as the Palais des Nations. On its agenda is a workshop to discuss "A Digital Geneva Convention to protect cyberspace." If the IGF participants, as they enter the Palais grounds, simply look in the opposite direction south across the Place des Nations, they would see 100 meters away, a glass cube building provided by the Republic and Canton of Geneva. more

WHOIS: How Could I Have Been So Blind?

A colleague was recently commenting on an article by Michele Neylon "European Data Protection Authorities Send Clear Message to ICANN" citing the EU Data Commissioners of the Article 29 Working Party, the grouping a determinate factor In the impending death of WHOIS. He is on point when he said: What the European Data Protection authorities have not yet put together is that the protection of people's mental integrity on the Internet is not solely due to the action of law enforcement... more

Enabling Privacy Is Not Harmful

The argument for end-to-end encryption is apparently heating up with the work moving forward on TLSv1.3 currently in progress in the IETF. The naysayers, however, are also out in force, arguing that end-to-end encryption is a net negative... The idea of end-to-end encryption is recast as a form of extremism, a radical idea that should not be supported by the network engineering community. Is end-to-end encryption really extremist? Is it really a threat to the social order? more

The Darkening Web: Is there Light at the end of the Tunnel?

In his book "The Darkening Web: The War for Cyberspace" (Penguin Books, New York 2017), Alexander Klimburg, an Austrian-American academic, gives "Internet Dreamers" a "Wake Up Call". He tells us the background-story why people start to be "anxious about the future of the Internet", as the recent ISOC Global Internet Report "Paths to Our Digital Future" has recognized. Klimburg refers to Alphabets CEO Erich Schmidt, who once said that "the Internet is the first thing that humanity has built that humanity does not understand". more

I Never Signed Up for This! Privacy Implications of Email Tracking

What happens when you open an email and allow it to display embedded images and pixels? You may expect the sender to learn that you've read the email, and which device you used to read it. But in a new paper we find that privacy risks of email tracking extend far beyond senders knowing when emails are viewed. Opening an email can trigger requests to tens of third parties, and many of these requests contain your email address. more

A European Perspective on the Equifax Hack: Encouraging Data Security Through Regulation

The Equifax hack is understood to have compromised the personal data of over 140 million individuals. Although recent hacks of other businesses have affected more individuals, the personal data held by Equifax is significantly more sensitive than the data compromised in other hacks and includes Social Security numbers, birth dates, current and previous addresses and driver licence details... (Co-authored by Peter Davis and Brendan Nixon.) more

What to Expect at ICANN 59, Johannesburg

I'm excited! Not because of the 30 hours that it will take me to get to Johannesburg, but because this ICANN meeting will be the second time we've put the Meeting B Policy Forum to the test. If the second time is a charm then hopefully we'll have cemented the Policy Forum into the ICANN meeting structure, and we can start a conversation about having two Policy Forums each year and one AGM meeting. more

Jakarta Declaration Calls on Governments to Recognize Legitimacy of Encryption

Today in Indonesia, media leaders gathered at UNESCO's World Press Freedom Day event issued the "Jakarta Declaration" calling on governments of the world to recognize the importance of a free and independent media in creating "peaceful, just and inclusive societies". The declaration calls on governments to take steps to support the freedom of the press, and, in the midst of the many actions was this statement: Recognise the legitimacy of the use of encryption and anonymisation technologies more

Human Rights and Regular Internet Users

Human rights are a topic that came up several times at the IETF meeting that just ended. There's a Human Rights Research Group that had a session with a bunch of short presentations, and the featured two talks at the plenary asking, 'Can Internet Protocols Affect Human Rights?' The second one, by David Clark of MIT, was particularly good, talking about "tussle" and how one has to design for it or else people will work around you. more

Is Call Forwarding an "Information Service" and Why It Matters for FTC Jurisdiction

Time to brush the dust off your Computer II notebooks. Are voicemail, electronic fax, and call forwarding enhanced services or telecom services? Today's case: FTC v. American eVoice, Ltd... The FTC brought an action against Defendants claiming that they were engaged in cramming, adding unwanted voicemail, electronic fax, and call forwarding services to consumers bills to the tune of $70 million. more

Wikileaks, the CIA, and the Press

As you've probably read, WikiLeaks has released a trove of purported CIA documents describing their hacking tools. There's a lot more that will be learned, as people work their way through the documents. For now, though, I want to focus on something that's being misreported, possibly because of deliberately misleading text by WikiLeaks itself. Here's the text from WikiLeaks... more