This week in digital trust: Recent Episodes

elevenM

Regular conversations about tech policy, privacy, cyber security, digital risk and everything in between.

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Is there anything about you on the internet you wish you could take down?

This week Arj is joined by Jonathan Gadir to discuss the "right to be forgotten" or "right to erasure" - a provision in data protection regulations overseas that is being considered as part of the reforms to the Australian Privacy Act.

Overseas, the right has enabled individuals to have newspaper articles about them de-indexed from search engines.

We discuss the merits of the right, competing values like freedom of expression, and the prospect of it being implemented in Australia.

Links:
Art. 17 GDPR: Right to erasure https://gdpr-info.eu/art-17-gdpr/

Explainer: Right to be forgotten https://gdpr.eu/right-to-be-forgotten/

Article about pros and cons of right to be forgotten (LSJ Online) https://lsj.com.au/articles/the-right-to-be-forgotten/

Article about Google no longer notifying publishers (Guardian) https://www.theguardian.com/technology/2024/feb/15/google-stops-notifying-publishers-of-right-to-be-forgotten-removals-from-search-results

Stats and examples of Google delisting content https://transparencyreport.google.com/eu-privacy/overview

Credits:

Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

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Dr Katharine Kemp (bio below) is an Associate Professor at the Faculty of Law & Justice, UNSW Sydney, and Deputy Director of the Allens Hub for Technology, Law and Innovation.

In this conversation, we explore how privacy and competition policy concerns are increasingly coming together, particularly in actions underway against tech giants like Meta and Apple.

We also discuss Dr Kemp's recent research (with the CPRC) into the level of control and understanding consumers have about how their information is collected and used.

Dr Katharine Kemp - FULL BIO

Dr Katharine Kemp is an Associate Professor at the Faculty of Law & Justice, UNSW Sydney, and Deputy Director of the Allens Hub for Technology, Law and Innovation. Katharine’s research focuses on competition, consumer protection and data privacy regulation, particularly the intersection of these areas. She has published widely in these fields and is frequently sought out to consult with industry, regulators and policymakers.

In 2023, she received the Australian Financial Review Higher Education Emerging Leader Award acknowledging the transformational impact of her work. Her advisory roles have included representing Australia as a Non-Government Advisor to the International Competition Network, and acting as a Member of the Advisory Board of the Future of Finance Initiative in India and the Expert Panel of the Consumer Policy Research Centre.

She also teaches and convenes courses in Data Privacy Law; Fintech; and Contracts at UNSW Law. Katharine previously practised as a commercial lawyer at major law firms and as a barrister at the Melbourne Bar, and consulted to the Competition Commission of South Africa during the six years that she lived and worked in South Africa.

Links:

Associate Professor Katharine Kemp https://www.unsw.edu.au/staff/katharine-kemp

Singled Out: joint research by UNSW and CPRC https://cprc.org.au/wp-content/uploads/2024/02/CPRC-Singled-Out-Final-Feb-2024.pdf

Article on decision against Meta by Bundeskartellamt (NY Times) https://www.nytimes.com/2023/07/04/business/meta-germany-data.html

Article on US DOJ action against Apple (The Verge) https://www.theverge.com/2024/3/21/24105363/apple-doj-monopoly-lawsuit

Credits:

Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

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This week, Jordan is joined by elevenM colleague Jonathan Gadir to break down the stoush between Elon Musk and Australia's eSafety Commissioner.

In recent weeks, Musk and his platform X have resisted calls to globally remove content related to a stabbing event in Sydney in April. The standoff has opened up a conversation about the merits of regulating so-called harmful online content, and the extent to which doing so impinges on free speech.

Jordan and Jonathan debate the merits of the eSafety Commissioner's actions and its powers, the feasibility of the global takedown requests, and the potential future consequences of these orders.

Links:

Article about Federal Court rejecting call to extend blocking injunction https://www.sbs.com.au/news/article/elon-musks-x-will-no-longer-be-forced-to-remove-videos-of-wakeley-church-stabbing/t8lvlk26r

Media Watch piece https://www.abc.net.au/mediawatch/episodes/musk/103781898

Online Safety Act https://www.esafety.gov.au/newsroom/whats-on/online-safety-act

Key elements of Online Safety Act https://www.infrastructure.gov.au/media-technology-communications/internet/online-safety/current-legislation

Credits:
Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au
Music by Bensound.com

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In this special episode for Privacy Awareness Week, Jordan sits down with Australia’s Privacy Commissioner Carly Kind.

It's a great chat, covering the Commissioner's first impressions of the role, her professional background and how it shapes her approach, her regulatory priorities and what she hopes to achieve as Privacy Commissioner, and of course the PAW theme - what it's all about and how you can get involved.

Links

Privacy Awareness Week 2024 https://paw.gov.au/

Credits

Editing and post-production by Martin Franklin (EastCoast Studio) eastcoaststudio.com.au

Music by Bensound.com

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It feels a little like déjà vu, but this week we discuss the US's newest, best candidate for a federal privacy law - the American Privacy Rights Act. With bipartisan and bicameral support for the draft law the mood is cautiously optimistic, though there's a very long way to go.

We'll discuss what Australia can learn from the more novel elements of the proposed new law, and we'll explore how the growing policy focus on managing online harms is driving recognition of the need for strong privacy regulation, and we'll unpack how the issue of pre-emption (or overriding of state privacy laws) can be both the biggest driver and the biggest challenge for the bill.

Links

A good overview of the American Privacy Rights Act (TechPolicy.Press) https://www.techpolicy.press/the-american-privacy-rights-act-of-2024-explained-what-does-the-proposed-legislation-say-and-what-will-it-do/

Summary and comparison to the 2022 privacy bill from a pro innovation think tank (ITIF) https://itif.org/publications/2024/04/10/privacy-bill-faceoff-comparing-the-apra-and-adppa/

Electronic Frontier Foundation's assessment (EFF) https://www.eff.org/deeplinks/2024/04/americans-deserve-more-current-american-privacy-rights-act

A list of the very many sectoral privacy laws in the US (EPIC) https://epic.org/issues/privacy-laws/united-states/

US State Privacy Law Tracker (IAPP) https://iapp.org/resources/article/us-state-privacy-legislation-tracker/

Credits:

Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

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News feeds, search results, directions across town, even job or rental applications - opaque algorithms determine an increasingly large proportion of our lives.

In the US, the Federal Trade Commission is going after landlords for using algorithms to illegally fix rental prices.

Back home, a secret algorithm determines how detainees in immigration detention are treated.

Through the lens of these two recent news stories, we explore the consequences of an increasingly algorithmically determined world and how algorithms can provide a false air of objectivity, giving cover for bad behaviour, bias or other errors.

Links:

FTC statement on price fixing by algorithm https://www.ftc.gov/business-guidance/blog/2024/03/price-fixing-algorithm-still-price-fixing

Guardian article about algorithmic risk-ratings for Serco immigration detainees https://www.theguardian.com/australia-news/ng-interactive/2024/mar/13/serco-australia-immigration-detention-network-srat-tool-risk-rating-ntwnfb

ACCC v Trivago - misleading customers about their ranking algorithm https://www.accc.gov.au/media-release/trivago-to-pay-447-million-in-penalties-for-misleading-consumers-over-hotel-room-rates

Rod Sims 2017 speech on algorithms https://www.accc.gov.au/media-release/new-competition-laws-a-protection-against-big-data-e-collusion

Comments on ADM by NSW OMbudsman (InnovationAus) https://www.innovationaus.com/automated-decisioning-sweeps-across-nsw-govt/

CHOICE report on RentTech in Australia https://www.choice.com.au/consumers-and-data/data-collection-and-use/how-your-data-is-used/articles/choice-renttech-report-release

Algorithmic bias in sentencing (Pro Publica) https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing

Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au
Music by Bensound.com

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This week we break down the US Department of Justice's suit against Apple, claiming the tech giant is engaging in unlawful behaviour.

In particular we examine the DOJ's charge that Apple has long justified anti-competitive behaviour on the basis of claims about better privacy and security.

The suit raises interesting questions about the the tradeoffs between privacy and competition, and the best way to regulate tech platforms.

Links:
DOJ filing https://www.justice.gov/opa/pr/justice-department-sues-apple-monopolizing-smartphone-markets
Article summarising the DOJ's suit (The Verge) https://www.theverge.com/24107581/doj-v-apple-antitrust-monoply-news-updates
Article about the security benefits of Apple's approach (The Verge) https://www.theverge.com/2024/4/2/24107719/iphone-security-apple-doj-monopoly-antitrust-lawsuit
Article about "green bubble stigma" (NPR) https://www.npr.org/2024/03/28/1241473453/why-green-text-bubble-stigma-is-part-of-the-anti-trust-case-against-apple
Strategy Credit (Stratechery) https://stratechery.com/2013/strategy-credit/
Article about Apple telling Jon Stewart not to interview Lina Khan (Guardian) https://www.theguardian.com/media/2024/apr/02/jon-stewart-interview-lina-khan-apple

Credits:
Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au
Music by Bensound.com

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This week on the podcast we analyse a US plan to force TikTok owner ByteDance to divest or sell the platform, or be banned from US platforms.

The move - strongly supported by the US House of Representatives - follows years of proposed plans and attempts to ban TikTok in various ways.

We unpack the concerns about the wildly popular social media platform, and explore criticisms of the ban ranging from its likely ineffectiveness in preventing Chinese data collection to the claims of hypocrisy.

Links:

Article about US Congress bill to force divesture of TikTok (Guardian) https://www.theguardian.com/technology/2024/mar/13/house-passes-tiktok-bill-ban#:~:text=The%20House%20of%20Representatives%20passed,favor%20and%20only%2065%20against.

Article about analysts describing China's proposed intent to reshape global public opinion (AFR) https://www.afr.com/world/asia/tiktok-can-radically-reshape-global-opinion-security-adviser-warns-20231205-p5ep6l

Article about data brokers bill (Politico) https://www.politico.com/news/2024/03/26/biden-administration-tiktok-data-practices-00149139?mkt_tok=MTM4LUVaTS0wNDIAAAGSH9l90fDDEaaVJnu43JPpYnTR2PTq3r16bfNsLEfeJITr9Y4MMkdVK2rkw39S1p4RdnPoj7bTixTwQnshW3r5rIHnKurST3jfuv-_ovReTx94

Article sceptical of impact of TikTok ban (Scientific American) https://www.scientificamerican.com/article/tiktok-ban-data-privacy-security/
Samantha Floreani oped on TikTok ban (Guardian) https://www.theguardian.com/commentisfree/2024/mar/20/the-tiktok-ban-moral-panic-usa-senate-protect-us-tech-hegemony-china

The German tongue twister song that's been all over Jordan's TikTok https://www.tiktok.com/@colortalkcreations/video/7339989417165163809

Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com

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This week Jordan asks Dr James Meese to explain Meta's announcement that it doesn’t intend to renew the commercial deals it made with Australian media companies under the News Media Bargaining Code.

Dr Meese (full bio below) is an Associate Professor at RMIT University, where he researches personalisation and recommendation in the news media sector and has recently published a book examining the complex relationship between Digital Platforms and the Press (link below).

James talks us through some of the history and the limits of the News Media Bargaining Code, how algorithms and platform dynamics have impacted news, and the policy challenges of ensuring a sustainable future for journalism.

James Meese Bio

James Meese is an Associate Professor at RMIT University and an Associate Investigator with the ARC Centre of Excellence for Automated Decision Making and Society. He has been awarded a Future Fellowship from the Australian Research Council to investigate personalisation and recommendation in the news media sector. James has received research funding from the Australian Research Council, Meta, the International Association of Privacy Professionals and the Australian Communications Consumer Action Network. He regularly publishes work in leading media and communication journals and his most recent book is Digital Platforms and the Press (Intellect).

Links

Digital Platforms and the Press (James' excellent book - available for free online) https://www.intellectbooks.com/digital-platforms-and-the-press

Facebook's withdrawal from news (The Verge) https://www.theverge.com/2024/2/29/24087220/facebook-news-tab-united-states-australia

Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com

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Content warning: This episode contains discussion of Child Sexual Abuse Material

Australia's eSafety Commissioner is trying to force tech giants to scan cloud storage for illegal and harmful content. Apple says this could undermine security protections and facilitate mass surveillance.

This is just the latest skirmish in the crypto wars - a 50 year old policy debate about how to balance strong encryption (which is essential to privacy and security online) with law enforcement access to crucial data.

This week we explore some of the policy and rhetorical challenges that arise when trying to debate these competing objectives.

Links:

Article on Apple's criticism of eSafety's proposed standards (InnovationAus) https://www.innovationaus.com/apple-warns-against-mass-file-scanning-proposal/

An old but good breakdown of some common crypto wars rhetoric (The Verge) https://www.theverge.com/2016/1/12/10749806/encryption-debate-fbi-terrorism-going-dark

Criticism of Malcolm Turnbull's laws of mathematics gaffe (Electronic Frontier Foundation) https://www.eff.org/deeplinks/2017/07/australian-pm-calls-end-end-encryption-ban-says-laws-mathematics-dont-apply-down

Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au
Music by Bensound.com

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To mark 100 episodes, this week we reflect on the topics covered on This Week in Digital Trust since its inception.

Arj and Jordan also share four key insights and learnings that have emerged through their discussions, and how these have shaped (and are shaped) their world views.

If you'd like to share some feedback with us, we'd love to hear it. https://forms.office.com/r/6HxEztcC85

Credits:
Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au
Music by Bensound.com

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Supermarkets have been under intense scrutiny in Australia over a range of issues, including alleged profiteering in a cost of living crisis, and poor treatment of workers and suppliers.

In this episode, we explore how the use of advanced technologies and digital platforms by the two supermarket majors may be contributing to these issues, and further entrenching market dominance.

Links:

Four Corners investigation https://www.abc.net.au/news/2024-02-19/super-power-the-cost-of-living-with-coles-and-woolworths/103486508

The Conversation piece on surveillance tech at Coles and Woolworths https://theconversation.com/the-secret-sauce-of-coles-and-woolworths-profits-high-tech-surveillance-and-control-224076

The Conversation piece on Coles deal with Palantir https://theconversation.com/solving-the-supermarket-why-coles-just-hired-us-defence-contractor-palantir-222883

Monash Business School study on cost of living, consumer sentiment and shoplifting https://lens.monash.edu/@business-economy/2023/09/25/1386156/cost-of-living-shoplifting-surge-aussies-pushed-to-the-limit

Academic article about 'refractive surveillance' https://ijoc.org/index.php/ijoc/article/view/7041

Credits:
Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

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This week we go deep on doxing, the practice of "dropping docs" on someone in order to expose their information to a hostile digital audience.
Our conversation is triggered by some recent doxing examples in the Australian media, which has prompted the Federal Government to propose a new law against dxxing as part of its privacy reform agenda.
We discuss the origins of doxing, prominent examples, the potential harms, and the merits of various public policy approaches.

Links:

Explainer on doxing (eSafety Commissioner) https://www.esafety.gov.au/industry/tech-trends-and-challenges/doxing
Article about proposed Australian laws (SMH) https://www.smh.com.au/politics/federal/doxxers-on-notice-they-will-face-jail-time-under-new-laws-20240216-p5f5ha.html
Article about Elon Musk's doxing claim (APNews) https://apnews.com/article/elon-musk-technology-business-5bf13ebcd0bfa4995099bb44c72da944
Article about US abortion providers being doxed (Reuters)
https://www.reuters.com/article/idUSL8N39E8D3/#:~:text=%22The%20records%20are%20published%20on,%2C%22%20said%20Hecht%2DFelella.
Gamergate explainer (Wikipedia https://en.wikipedia.org/wiki/Gamergate_(harassment_campaign)
Article about Oliver Sipple and doxing in general (WIRED https://www.wired.com/2012/10/truth-lies-doxxing-internet-vigilanteism/
Radiolab podcast about Oliver Sipple https://radiolab.org/podcast/oliver-sipple
Osman Faruqi article on his doxing experience (ABC) https://www.abc.net.au/news/2019-02-22/doxxing-the-new-weapon-of-choice-for-trolls/10833428
Writeup on statutory tort for serious invasion of privacy (Law Council) https://lawcouncil.au/media/media-releases/law-council-supports-statutory-tort-for-serious-invasion-of-privacy
Article on Hong Kong anti-doxxing law (ABC) https://www.abc.net.au/news/2021-09-30/hong-kong-doxxing-laws-pass-legislature/100502260

Hackers (IMDB) https://m.imdb.com/title/tt0113243/

Credits:
Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au
Music by Bensound.com

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In the face of tech and AI hype, there's an emerging march away from technology taking place around the globe.

This week we explore recent developments fitting this trend, including a proposed law in Australia that give will employees a "right to disconnect" from work, and another that seeks to improve conditions for gig workers.

We also take a deep dive into the resurgence of the Luddite movement - a cohort of workers, critics, academics, organisers and writers who claim they are pushing back on technologies that exploit the vulnerable and extract the rewards of society for the benefit of a narrow elite.

Links:

Article about right to disconnect (SMH) https://www.smh.com.au/politics/federal/what-is-the-right-to-disconnect-a-bluffer-s-guide-to-the-new-laws-about-getting-contacted-after-hours-20240207-p5f32b.html

Article about right to disconnect and gig worker changes (ABC News) https://www.abc.net.au/news/2024-02-06/right-to-disconnect-from-work-other-changes/103433418

Article on reaction to right to disconnect (ABC News) https://www.abc.net.au/news/2024-02-11/peter-dutton-vows-repeal-right-to-disconnect/103453148

Australia Institute report on overtime and the right to disconnect in Australia https://australiainstitute.org.au/wp-content/uploads/2022/11/Call-Me-Maybe-Not-2022-WEB.pdf

Atlantic article on rise of New Luddites (Atlantic) https://www.theatlantic.com/technology/archive/2024/02/new-luddites-ai-protest/677327/

Wikipedia article on Luddites https://en.wikipedia.org/wiki/Luddite#:~:text=The%20name%20Luddite%20(%2F%CB%88l,%2C%20General%2C%20or%20King%20Ludd.

Article by Jathan Sadowski on Luddites (The Conversation) https://theconversation.com/im-a-luddite-you-should-be-one-too-163172

Podcast: This Machine Kills https://soundcloud.com/thismachinekillspod

Credits:

Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

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With more than 60 elections taking place around the world this year, the risks posed by deepfakes was already a bubbling concern - until Taylor Swift took the issue stratospheric. Deepfake explicit images of the US musician created by generative AI went viral on X, prompting officials and analysts to start to properly reckon with the problems posed by the technology.

We explore the scenarios in which synthetic media created by generative AI are posing problems, the way platforms like OpenAI are responding, emerging regulatory responses, and discuss where responsiblity for solving this issue truly lies.

Links:

Article about Taylor Swift AI deepfakes on X (The Verge) https://www.theverge.com/2024/1/27/24052841/taylor-swift-search-blocked-x-twitter-ai-images

Article about altered image of Victorian MP (ABC News) https://www.abc.net.au/news/2024-02-01/georgie-purcell-ai-image-nine-news-apology-digital-ethics/103408440
OpenAI's response to Gen AI abuse https://openai.com/blog/how-openai-is-approaching-2024-worldwide-elections
Article about lawmaker response to Taylor Swift deepfakes (The Verge) https://www.theverge.com/2024/1/30/24056385/congress-defiance-act-proposed-ban-nonconsensual-ai-porn
DEFIANCE Act https://www.judiciary.senate.gov/press/releases/durbin-graham-klobuchar-hawley-introduce-defiance-act-to-hold-accountable-those-responsible-for-the-proliferation-of-nonconsensual-sexually-explicit-deepfake-images-and-videos?ref=popsugar.com&=___psv__p_49334216__t_w_
Popsugar article on the Taylor Swift Deepfakes https://www.popsugar.com/tech/ai-deepfakes-taylor-swift-sexual-harassment-49334216Link for reporting online harm to esafety commission https://www.esafety.gov.au/report

Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

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Ever wondered what can be inferred about you just from the way you walk? This might be a growing concern as the use of biometric technologies - which include solutions that offer "gait analysis" - become more common.

This week we explore how biometrics like fingerprints, faceprints and behavioural attributes are being used in different contexts, for purposes including identification, verification and analysis.

The convenience appeal of these technologies is hard to resist - as anyone with facial verification turned on for their smartphone can attest - but there are also an emerging set of social and policy concerns that need to be managed.

We discuss these concerns and the emerging regulatory approaches

Links:

Article about biometrics and Australia's Digital ID system (The Mandarin) https://www.themandarin.com.au/227256-dreyfus-faces-up-to-biometric-demands-of-digital-identity/

Article about Illinois Biometric Privacy Act https://rsmus.com/insights/services/risk-fraud-cybersecurity/what-you-need-to-know-about-the-illinois-biometric-privacy-act--.html

OAIC page on biometric scanning https://www.oaic.gov.au/privacy/your-privacy-rights/surveillance-and-monitoring/biometric-scanning

OAIC finding against 7-Eleven over facial recognition https://www.oaic.gov.au/newsroom/oaic-finds-against-7-eleven-over-facial-recognition

CHOICE investigation into facial recognition at Australian stadiums https://www.choice.com.au/consumers-and-data/data-collection-and-use/how-your-data-is-used/articles/facial-recognition-in-stadiums

Credits:

Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

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This week it's the next instalment of the Australian Government's consultation on Safe and Responsible AI. Arj and Jordan break down the government's 'interim response' to the consultation, and the case for regulation that it puts forward.

Though the detail is yet to come, we evaluate the government's proposals - new mandatory guardrails, updates to existing laws, international engagement and domestic investments - what will they mean for AI adoption in Australia, and is our legal system already falling behind?

Links:

The Australian Government’s interim response to safe and responsible AI consultation https://www.industry.gov.au/news/australian-governments-interim-response-safe-and-responsible-ai-consultation

Article on Gov response and reactions (SMH) https://www.smh.com.au/technology/husic-shuns-eu-path-for-ai-unveils-government-s-vision-20240116-p5exna.html

Prof. Ed Santow's response (AI expert and former Human Rights Commissioner) https://www.linkedin.com/posts/esantow_do-we-need-a-new-law-for-ai-sure-but-first-activity-7096667434794811392-hg_7/

US National Institute of Standards and Technology (NIST) AI Risk Management Framework https://www.nist.gov/itl/ai-risk-management-framework

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This week we dive into the murky world of data brokers, courtesy of a new report by Reset Tech Australia.

The report provides a fascinating window into how data brokers operate - particularly the granular categories and segments that online users are categorised into. This data is sold to advertisers and, in some cases, even law enforcement bodies and other authorities.

We share our reactions about the report and discuss how the availability of data about sensitive topics such as gambling, alcohol consumption, financial stress can make us more vulnerable to exploitation.

Links:

Report: Australians for Sale https://au.reset.tech/uploads/Reset.Tech-Report-Australians-for-Sale-2023.pdf

Article about Target working out a teen was pregnant (Forbes) https://www.forbes.com/sites/kashmirhill/2012/02/16/how-target-figured-out-a-teen-girl-was-pregnant-before-her-father-did/

Article about data broker selling data from Muslim prayer app (VICE) https://www.vice.com/en/article/epdkze/muslim-apps-location-data-military-xmode

Investigation into data brokers (The Markup) https://themarkup.org/privacy/2021/09/30/theres-a-multibillion-dollar-market-for-your-phones-location-data

Academic article defining 'online manipulation' (Susser, Roessler and Nissenbaum) https://policyreview.info/articles/analysis/technology-autonomy-and-manipulation

Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com

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This week we explore the world of trust and safety, those teams at digital platforms and other tech service providers entrusted with ensuring services are safe for users.

These teams have grown in size and influence over the past decade, in response to the growth in the use of social media as well as the emergence of challenges including mis- and disinformation and increasing hate speech.

But they’ve also come under fire - from ideological opponents who see them as biased censors, as well being the target of layoffs.

We unpack these issues and also explore the evolution and challenges associated with the profession.

Links:

Christine Lehane on what trust and safety involves (Medium) https://medium.com/@christinemlehane/a-career-in-trust-safety-you-know-more-than-you-know-3a02f63059a4

Trust and safety – the most important tech job you’ve never heard of (New Scientist) https://www.newscientist.com/article/2403999-trust-and-safety-the-most-important-tech-job-youve-never-heard-of/

Trust and safety on Wikipedia https://en.wikipedia.org/wiki/Trust_and_safety

Article on the impact of tech layoffs and understaffing outside the US https://www.nbcnews.com/tech/tech-news/tech-layoffs-hit-trust-safety-teams-raising-fears-backsliding-efforts-rcna69111

What are the twitter files and why do they matter? (NPR) https://www.npr.org/2022/12/14/1142666067/elon-musk-is-using-the-twitter-files-to-discredit-foes-and-push-conspiracy-theor

The Techno-Optimist Manifesto (Andreessen Horowitz) https://a16z.com/the-techno-optimist-manifesto/

Welcome to hell Elon (The Verge) https://www.theverge.com/2022/10/28/23428132/elon-musk-twitter-acquisition-problems-speech-moderation

Interview with Twitter's former Head of Trust and Safety Del Harvey (Wired) https://www.wired.com/story/del-harvey-twitter-trust-and-safety-breaks-her-silence/

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* SHARE YOUR FEEDBACK ***

We'd love to hear your thoughts on the podcast: https://forms.office.com/r/6HxEztcC85


We're signing off for 2023 with a relaxed re-cap of the year.

We reflect on the big conversation topics of the year (AI and privacy reform), what surprised us, what disappointed us and what we're looking forward to in 2024.

Thanks to everyone who listened, appeared as a guest, or otherwise supported us. Have a safe break and see you again on January 16.

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This week we explore the human side of cybercrime, via a conversation with Dr Jonathan Lusthaus, director of The Human Cybercriminal Project at the University of Oxford.

Jonathan (full bio below) has spent over a decade researching who cybercriminals are, what drives them, and how they organise themselves, collaborate and innovate.

We explore his findings – which he chronicled in his book Industry of Anonymity (link below) – and why he ultimately believes that the cybercrime industry is “a tragedy”.

Jonathan Lusthaus bio

Dr Jonathan Lusthaus is Director of The Human Cybercriminal Project at the University of Oxford. He is an Associate Professor in Global Sociology in the Department of Sociology, a joint appointment held with the Oxford School of Global and Area Studies. He is also a Governing Body Fellow of St Antony's College.

Jonathan’s research focuses on the "human" side of profit-driven cybercrime: who cybercriminals are and how they are organised. He is a regular speaker at major conferences and is the author of Industry of Anonymity: Inside the Business of Cybercrime published by Harvard University Press.

https://www.sociology.ox.ac.uk/people/jonathan-lusthaus#:~:text=Dr%20Jonathan%20Lusthaus%20is%20Director,Member%20of%20St%20Antony's%20College.

Links:

Book: Industry of Anonymity: Inside the Business of Cybercrime https://www.hup.harvard.edu/books/9780674979413

Newsletter: Industry of Anonymity, https://industryofanonymity.substack.com/

Book: Dark Market https://www.amazon.com.au/Darkmarket-Misha-Glenny/dp/0307476448

Credits:

Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

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This week we unpack the soap opera that was Sam Altman's firing-then-reinstatement at OpenAI (makers of ChatGPT).

Beneath the drama, and there was a lot of it, the saga potentially stands as a commentary on the state of AI safety approaches within the tech community, and on the effectiveness of self-governance.

We also touch on the US Government's executive order on safe and trustworthy AI and the UK governments AI Safety Summit, both from the last month or so.

Links:
Article on Sam Altman's firing and re-instatement (The Verge) https://www.theverge.com/2023/11/22/23967223/sam-altman-returns-ceo-open-ai

Winners and losers from OpenAI/Sam Altman saga (Bloomberg) https://www.bloomberg.com/opinion/articles/2023-11-22/sam-altman-return-to-openai-makes-clear-winners-and-losers-of-debacle

Timeline of events in OpenAI/Sam Altman saga (TechCrunch) https://techcrunch.com/2023/11/29/a-timeline-of-sam-altmans-firing-from-openai-and-the-fallout/

Article about Helen Toner, (now former) OpenAI board member (Guardian) https://www.theguardian.com/technology/2023/nov/23/who-is-helen-toner-australian-woman-openai-chatgpt-board

US Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence https://www.whitehouse.gov/briefing-room/statements-releases/2023/10/30/fact-sheet-president-biden-issues-executive-order-on-safe-secure-and-trustworthy-artificial-intelligence/

Official statement of UK AI Safety Summit (including comments from Richard Marles) https://www.gov.uk/government/news/world-leaders-top-ai-companies-set-out-plan-for-safety-testing-of-frontier-as-first-global-ai-safety-summit-concludes

Analysis of UK AI Safety Summit (Carnegie Endowment for International Peace) https://carnegieendowment.org/2023/11/09/uk-ai-safety-summit-opened-new-chapter-in-ai-diplomacy-pub-90968
Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com

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This week we explore the issue of privacy in the workplace.

Historically employers have been exempt from Privacy Act in Australia, but this is a live issue again with the privacy reform process underway and the Government having agreed in-principle to extending privacy protections to workers.

We also explore how the problem space is expanding in the era of hybrid working and as technologies for tracking and quantifying work continue to evolve.

Links:

Privacy Act Review final report: https://www.ag.gov.au/rights-and-protections/publications/privacy-act-review-report

Article about rise in workplace surveillance (CNBC) https://www.cnbc.com/2023/04/24/employee-surveillance-is-on-the-rise-that-could-backfire-on-employers.html

Data and algorithms at work report (UC Berkeley Labor Center) https://laborcenter.berkeley.edu/wp-content/uploads/2021/11/Data-and-Algorithms-at-Work.pdf

Article about the rise of 'Bossware' (Guardian) https://www.theguardian.com/technology/2022/apr/27/remote-work-software-home-surveillance-computer-monitoring-pandemic

Credits:

Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

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This week, Jordan sits down with elevenM privacy communications expert Tessa Loftus to debate whether we should just give up on privacy policies.

Historically, privacy regulation has leant heavily on transparency and consumer choice - the idea that if we just give consumers the right information, then they can take control of their privacy. But the reality is that most privacy policies are an unintelligible to most people, and we've all lost control.

So what's the answer? Can businesses communicate better about privacy? Or should we give up on consumer choice and put the onus on businesses to act 'fairly and reasonably'.

Links:

Privacy Act Review final report: https://www.ag.gov.au/rights-and-protections/publications/privacy-act-review-report

International Association of Privacy Professionals Privacy and Consumer Trust Report: https://iapp.org/resources/article/privacy-and-consumer-trust-summary/ (full report is paywalled)

Office of the Australian Information Commissioner Australian Community Attitudes to Privacy Survey 2023: https://www.oaic.gov.au/engage-with-us/research-and-training-resources/research/australian-community-attitudes-to-privacy-survey/australian-community-attitudes-to-privacy-survey-2023

Consumer Policy Research Centre 2020 Data and Technology Consumer Survey: https://cprc.org.au/cprc-2020-data-and-technology-consumer-survey/

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The importance of tech policy as a subset of public policy has emerged forcefully into the spotlight in recent years.With new technologies rapidly transforming societies, countries and governments all around the world are now grappling with the best way to shape these technologies to serve our collective long-term interests.This week we sit down with Johanna Weaver, Director of the Tech Policy Design Centre at the Australian National University, to discuss this important area of policy.We explore Johanna’s perspective on current tech policy challenges, the Australian approach to tech policy, and learn more about the Centre’s work.Links:Tech Policy Design Centre https://techpolicydesign.auTech Policy Design Centre (LinkedIn) https://www.linkedin.com/company/techpolicydesigncentre?originalSubdomain=auGlobal Tech Policy Atlas https://techpolicydesign.au/tech-policy-atlasCredits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com

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This week Jordan sits down with Brett Watson, elevenM's resident expert on Digital ID to figure out how far we are from proving who's a dog on the internet.

The Optus data breach led to a renewed commitment to modernising the way that we prove our identity online. Today there is a huge amount of activity in this complex space. In just the last few weeks, the Australian government released draft legislation to establish a national digital identity framework, and the several major banks and a major payment service provider announced that they are forging ahead with their own, private solution.

But what actually is a digital ID and how do all these frameworks and solutions fit together?

Links:

All about the DVS and other government identity matching services: https://www.idmatch.gov.au/

The Commonwealth Government’s Digital ID website: https://www.digitalidentity.gov.au/

The Trusted Digital Identity Framework: https://www.digitalidentity.gov.au/tdif

About the Trusted Digital identity Framework ID proofing levels (which we mentioned but didn't come back to in the show): https://www.digitalidentity.gov.au/about/what-are-id-proofing-levels

Draft legislation: Digital Identity Bill 2023 (https://www.digitalidentity.gov.au/have-your-say/2023-digital-id-bill-and-rules-submissions);Draft legislation: Identity Verification Services Bill 2023 (https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7085).Connect ID: https://connectid.com.au/

Article describing the launch of Connect ID: https://www.themandarin.com.au/232499-commonwealth-bank-leapfrogs-delayed-government-digital-identity-launch-with-connectid/

NAB Digital Next podcast - episode with David Birch on Digital ID: https://news.nab.com.au/news/nab-digital-next-identity-fraud-and-the-rise-of-the-bots-with-david-birch/

Stephen Wilson of Lockstep on Digital ID: https://lockstep.com.au/rip-trusted-digital-identity-but-whither-australias-tdif/

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This week we deconstruct the idea of social license in tech, starting with the story of a technology that Google and Facebook didn't dare release, but which is now available to everyone.

Originally coined in the context of mining and extractive industries, 'social license' refers to community acceptance of a company's business practices. For some companies, maintaining social license can be an effective check on behaviour, but for tech startups like ClearviewAI and PimEyes, well, not so much.

Links:

KashmirHill on how the tech giants held back on facial recognition (NYT) https://www.nytimes.com/2023/09/09/technology/google-facebook-facial-recognition.html

Social license explainer (The Ethics Centre) https://ethics.org.au/ethics-explainer-social-license-to-operate/

OAIC submission on social license in AI (OAIC) https://www.oaic.gov.au/engage-with-us/submissions/developing-standards-for-artificial-intelligence-hearing-australias-voice-submission-to-standards-australia

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This week we discuss revelations from a US Department of Justice investigation into X (formerly Twitter), which raises questions over how it can comply with existing privacy orders given large workforce departures since Elon Musk's takeover.

The situation provides insight into the reliance of all organisations on well-resourced and skilled privacy teams in order to meet privacy compliance challenges - and the growing difficulty finding skilled people to make up these teams.

Links:

Article on DOJ investigation (Mashable) https://mashable.com/article/doj-twitter-x-elon-musk-ftc-order-investigation

Article on DOJ investigation (Axios) https://www.axios.com/2023/09/13/elon-musk-privacy-consent-order-ftc

Article on DOJ investigation (Guardian) https://www.theguardian.com/technology/2023/sep/13/twitter-elon-musk-takeover-ftc-order-data-security-privacy-doj-case

Article about privacy and security teams in chaos at Twitter (The Verge) https://www.theverge.com/2022/11/10/23451198/twitter-ftc-elon-musk-lawyer-changes-fine-warning

Article about Facebook struggling to know how it uses user data (Vice) https://www.vice.com/en/article/akvmke/facebook-doesnt-know-what-it-does-with-your-data-or-where-it-goes

IAPP privacy workforce report https://iapp.org/media/pdf/resource_center/IAPP_EY_Annual_Privacy_Governance_Report_2022.pdf

Credits:

Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

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This week we discuss the privacy and security risks of the automobile.

Modern cars are basically operating systems on wheels, and have many of the same data challenges as other digital platforms.

Sadly, a recent study from Mozilla suggests cars are the worst product category when it comes to privacy.

Links:

Mozilla report on cars https://foundation.mozilla.org/en/privacynotincluded/articles/its-official-cars-are-the-worst-product-category-we-have-ever-reviewed-for-privacy/

POLITICO report on car data collection https://www.politico.com/newsletters/digital-future-daily/2022/08/02/car-knows-about-you-data-collection-privacy-00049309

The Markup study on car data collection https://themarkup.org/the-breakdown/2022/07/27/who-is-collecting-data-from-your-car

Australian parliamentary inquiry on driverless cars (The Guardian) https://www.theguardian.com/technology/2017/sep/22/driverless-cars-safer-perhaps-but-professor-warns-of-privacy-risks

elevenM blog on privacy and security risks of cars https://elevenm.com.au/blog/navigating-the-road-ahead-privacy-and-security-risks-of-self-driving-cars/

Credits:
Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au
Music by Bensound.com

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This week we discuss and react to the Federal Government's response to the Privacy Act review report.

The Government's long-awaited response comes after several years of discussion and debate about the way forward for Australia's privacy regime.

We break down which proposals the Government is moving forward with, which ones it won't, and which ones are slated for further discussion.

Links:

Government response to the Privacy Act Review Report https://www.ag.gov.au/rights-and-protections/publications/government-response-privacy-act-review-report
Article about reform response (InnovationAus) https://www.innovationaus.com/cautious-welcome-for-govts-planned-privacy-law-upgrade/

Article about reform response (Guardian) https://www.theguardian.com/australia-news/2023/sep/28/labor-albanese-government-privacy-crackdown-political-parties

Credits:
Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au
Music by Bensound.com

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This week we feature an interview with Peter Warren Singer, a US strategist and scholar on warfare and digital threats.

Our conversation starts with lessons from the conflict in Ukraine on how threats and adversarial tactics are evolving.

We also explore the continued use of social media as a weapon, and the nature of evolving threats to critical infrastructure and the motivations of state actors in our region such as China.

We also explore the idea of using fiction and narrative help organisations and leaders better understand the threat environment and communicate their stories.

Links:

Peter Warren Singer https://www.pwsinger.com/

LikeWar https://www.likewarbook.com/

Useful Fiction https://useful-fiction.com/

Credits:
Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au
Music by Bensound.com

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This week we revisit the hard problem of age verification, which we last discussed in episode #64.

In order to protect kids from explicit content and other harmful effects of online platforms, we first need to be able to identify them. But can we do that without major risks to privacy and free speech?

The eSafety Commissioner's Roadmap to Age Verification has the answer. Kind of.

We'll dig through the findings and recommendations in the recently published roadmap report, including the state of current age assurance technology, the legislative and regulatory framework required to make age verification work safely, and the need for a more holistic approach to protect kids.

Links:

eSafety Commissioner's Roadmap and Background Report https://www.esafety.gov.au/about-us/consultation-cooperation/age-verification

Disappointment from children's advocates (SMH) https://www.smh.com.au/politics/federal/kicked-down-the-road-australians-to-wait-for-porn-passport-20230830-p5e0nk.html

Digital rights advocacy group celebrating the decision not to mandate age verification (Digital Rights Watch) https://digitalrightswatch.org.au/2023/08/31/campaign-win-against-age-verification/

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This week we explore the privacy risks in otherwise publicly visible information, after a dozen privacy regulators from around the world issued a joint statement on the issue of data scraping.

The regulators' statement emphasises that even personal information that is publicly accessible is subject to data protection and privacy laws, and calls out social media platforms to do more to prevent the practice.

We explore the factors behind the uptick in data scraping, and who should be most responsible for stopping it.

* Correction ***

In the episode Jordan says 'contextual integrity' is an idea of academic Julie E Cohen's - it's not, it comes from Helen Nissenbaum, a professor in information Science at Cornell Tech. If you're interested, see Helen's book 'Privacy in Context' https://www.sup.org/books/title/?id=8862. Julie does have a great article on this topic (the relationship between privacy and visibility in the networked information age), which you can read here: https://scholarship.law.georgetown.edu/facpub/805/

Links:

Statement on data scraping https://www.oaic.gov.au/newsroom/global-expectations-of-social-media-platforms-and-other-sites-to-safeguard-against-unlawful-data-scraping

Article on data scraping statements (TechCrunch) https://techcrunch.com/2023/08/24/data-scraping-privacy-risks-joint-statement/

Determination against Clearview AI (OAIC) https://www.oaic.gov.au/newsroom/clearview-ai-breached-australians-privacy

Credits:
Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au
Music by Bensound.com

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This week we explore the tension between the competing values of privacy and public interest journalism.

Today, journalists enjoy a broad exemption from privacy laws. However, reform proposals have ignited debate about whether that free pass is still appropriate.

We discuss the scope and merits of these reform proposals and explore the arguments by journalists on why the exemption is necessary.

Links:

Article on journalism exemptions (Guardian) https://www.theguardian.com/world/2023/apr/11/consumer-advocates-reject-media-calls-to-preserve-exemptions-to-australian-privacy-law

Media Watch on journalism exemption (YouTube) https://www.youtube.com/watch?v=1_aaxFcd1BA

Australia’s Right to Know coalition submission https://consultations.ag.gov.au/integrity/privacy-act-review-report/consultation/view_respondent?show_all_questions=0&sort=submittedℴ=ascending&_q__text=know&uuId=60975522

Privacy Act Review report https://www.ag.gov.au/sites/default/files/2023-02/privacy-act-review-report_0.pdf

Credits:

Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

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This week we review responses to the Australian Government's open consultation on how to mitigate the potential risks of AI.

In June, the Government called for submissions to its discussion paper titled "Safe and responsible AI in Australia". While the submissions haven't been published, several have made their way into the public domain.

As well as sharing the recommendations of our own (elevenM) submission, we explore proposals from big tech giants Microsoft and Google, various members of academia, think-tanks such as the UTS Human Technology Institute, and the Australian Human Rights Commission.

Links:

Article about AI replacing Taylor Swift (SMH) https://www.smh.com.au/culture/music/what-s-next-for-john-lennon-a-duet-with-taylor-swift-20230810-p5dvf2.html

Government discussion paper: Safe and responsible AI in Australia https://consult.industry.gov.au/supporting-responsible-ai

Reporting on submission from Kingston AI Group researchers (AFR) https://www.afr.com/technology/labor-ignoring-the-elephant-in-the-room-on-ai-experts-20230804-p5du1p

Submission from the Gradient Institute https://www.gradientinstitute.org/posts/disr-safe-responsible-ai-submission/

Reporting on submission from Google (AFR) https://www.afr.com/technology/google-tells-government-how-to-regulate-ai-and-who-to-blame-when-it-goes-wrong-20230728-p5ds0s

Reporting on submission from Microsoft (AFR) https://www.afr.com/technology/microsoft-urges-soft-approach-as-husic-vows-to-regulate-high-risk-ai-20230721-p5dqaf

Reporting on submission from UTS Human Technology Institute (InnovationAus) https://www.innovationaus.com/do-we-need-new-ai-laws-sure-but-lets-try-enforce-what-we-have-first/

Submission from Australian Human Rights Commission https://humanrights.gov.au/about/news/australia-needs-ai-regulation

EU AI Act https://www.europarl.europa.eu/news/en/headlines/society/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence

Credits:
Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au
Music by Bensound.com

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This week we discuss targeted advertising, its role in the development of the commercial internet, and how it affects users today.

We explore the varying attitudes to the practice of targeted advertising, its benefits and harms, and regulatory measures being considered to curb its excesses.

Links:

$20m ACCC penalty for Meta https://www.accc.gov.au/media-release/20m-penalty-for-meta-companies-for-conduct-liable-to-mislead-consumers-about-use-of-their-data

ACMA fine for CBA over spam https://www.acma.gov.au/articles/2023-06/commonwealth-bank-penalised-355-million-spam-breaches

ACMA fine for mycar Tyre and Auto over spam https://www.acma.gov.au/articles/2023-06/mycar-tyre-auto-penalised-1m-spam-breaches

ACCC data brokers inquiry https://www.accc.gov.au/media-release/accc-invites-views-on-data-broker-industry

A Declaration of the Independence of Cyberspace (EFF) https://www.eff.org/cyberspace-independence

Article about the internet's grand bargain (HBR) https://hbr.org/2018/04/gdpr-and-the-end-of-the-internets-grand-bargain

SalingerPrivacy blog on targeted advertising risks https://www.salingerprivacy.com.au/2023/08/01/media-and-marketing-industry-blog/

Katherine Kemp article on targeted advertising (The Conversation) https://theconversation.com/proposed-privacy-reforms-could-help-australia-play-catch-up-with-other-nations-but-they-fail-to-tackle-targeted-ads-200166

Meta argument in favour of targeted advertising (The Australian) https://www.theaustralian.com.au/business/technology/targeting-helps-protect-kids-from-agerestricted-ads-says-meta-head-of-policy-melinda-claybaugh/news-story/fd9f41778b983861d55fb254e3932215

Ad industry argument in favour of targeted advertising (The Australian) https://www.theaustralian.com.au/business/media/sacrificing-personalised-advertising-on-the-altar-of-privacy-is-not-the-answer/news-story/8a66403cda7ae0dcc602a1067790614b

FTC paper on targeted advertising https://www.ftc.gov/system/files/documents/reports/brief-primer-economics-targeted-advertising/economic_issues_paper_-_economics_of_targeted_advertising.pdf

Credits:

Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

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This week, we're excited to feature a conversation with Angelene Falk, Australia's Information Commissioner and Privacy Commissioner. The topic of our conversation is the 2023 Australian Community Attitudes to Privacy Survey, which the Office of the Australian Information Commissioner has just published. We discuss the value of surveying the community on privacy and explore the report’s key findings including attitudes to privacy, expectations of the role of organisations, attitudes to data breaches, awareness of privacy legislation and what protections people want in relation to new technologies like AI and for children. Links: Australian Community Attitudes to Privacy Survey 2023 https://www.oaic.gov.au/acaps

Credits: Music by Bensound.com

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This week, we go deep on misinformation.

We start by breaking down some new academic research into the effect of Facebook and its algorithms on polarisation, and challenge some of the reporting on the key takeaways from the research.

We also explore Australia's proposed misinformation bill and discuss its merits and the commentary surrounding the bill.

Links:

Nature blog on research (Nature) https://www.nature.com/articles/d41586-023-02420-z

Article about research into Meta's impact on polarisation (Atlantic) https://www.theatlantic.com/technology/archive/2023/07/meta-facebook-political-polarization-studies/674841/

Nick Clegg blog on research (Meta) https://about.fb.com/news/2023/07/research-social-media-impact-elections/

Previous Nick Clegg blog (Medium) https://nickclegg.medium.com/you-and-the-algorithm-it-takes-two-to-tango-7722b19aa1c2

Analysis of research findings (Tech Policy Press) https://techpolicy.press/what-can-we-learn-from-the-first-studies-of-facebooks-and-instagrams-roles-in-the-us-2020-election/

Article about "Ministry of Truth" claims (SMH) https://www.smh.com.au/politics/federal/laws-no-ministry-of-truth-minister-defends-proposed-misinformation-laws-20230714-p5docy.html

Rod Sims op-ed (AFR) https://www.afr.com/politics/federal/making-big-tech-combat-disinformation-is-no-threat-to-free-speech-20230724-p5dqoy

Article about Aus Government misinformation laws (Guardian) https://www.abc.net.au/news/2023-06-25/fines-to-punish-online-misinformation-under-new-draft-bill/102521500

Credits:

Music by Bensound.com

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This week we discuss the burgeoning trade in our location data.

Our mobile devices and the apps on them regularly collect and and transmit the details of our physical location.

Sometimes this is to support a useful and convenient purpose, like finding a nearby cafe or a family member. But at other times, it's in order to share and sell that data with third-parties such as data brokers.

We explore these practices in more detail.

Links:

Article about US lawmaker moves to prevent law enforcement from buying location data (WIRED) https://www.wired.com/story/fourth-amendment-is-not-for-sale-act-2023/

Investigation into location data (NYTimes) https://www.nytimes.com/interactive/2019/12/19/opinion/location-tracking-cell-phone.html

Article about location data relating to abortion clinics (Guardian) https://www.theguardian.com/technology/2022/jul/01/google-delete-location-data-abortion-clinic

Article about Life360 family safety app (The Markup https://themarkup.org/privacy/2021/12/06/the-popular-family-safety-app-life360-is-selling-precise-location-data-on-its-tens-of-millions-of-user

Credits:
Music by Bensound.com

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This week we discuss the new social networking app from Meta - Threads. Will it successfully meet the expectation for, and Meta's promo claims of, a new public conversation app to rival Twitter from years gone by?

We also discuss the reasons behind the app not launching in the EU, and the regulatory lessons of this outcomes.

Links:

Introducing Threads: A New Way to Share With Text (Meta) https://about.fb.com/news/2023/07/introducing-threads-new-app-text-sharing/

Article welcoming Threads with heady excitement (SMH) https://www.smh.com.au/business/consumer-affairs/hit-app-threads-is-intoxicating-it-offers-the-internet-we-were-promised-20230709-p5dmvt.html

Interview with Meta's Adam Mosseri (The Verge) https://www.theverge.com/2023/7/7/23787334/instagram-threads-news-politics-adam-mosseri-meta-facebook

Another interview with Mosseri (Platformer) ⁠ https://www.platformer.news/p/meta-unspools-threads

Article about Threads not launching in Europe (The Verge) https://www.theverge.com/23789754/threads-meta-twitter-eu-dma-digital-markets

Credits: Music by Bensound.com

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This week we explore the growing use of facial recognition by stadiums, after a recent CHOICE report revealed the technology was in use at several major sporting and concert venues around Australia.

We evaluate the merits of varying uses of the technology, from the security use cases to enabling of more convenient check-in and purchasing services for stadium patrons.

Links:

CHOICE report https://www.choice.com.au/consumers-and-data/data-collection-and-use/how-your-data-is-used/articles/facial-recognition-in-stadiums

Article about Australian stadium facial recognition use (ABC) https://www.abc.net.au/news/2023-07-06/facial-recognition-used-sports-stadiums-scg-mcg-allianz-stadium/102562646

Ticketek CTO comments (AFR) https://www.afr.com/technology/ticketek-cto-says-chinesestyle-facial-recognition-tech-will-soon-be-used-at-aussie-events-20180521-h10bkf

US use of facial recognition (WIRED) https://www.wired.com/story/get-used-to-face-recognition-in-stadiums/

Story about lawyer getting banned by Madison Square Gardens (The Verge) https://www.theverge.com/2022/12/21/23520990/rockettes-msg-facial-recognition-ban-privacy-ai

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This is the fourth and final episode in our short series about AI.

In this episode, we assess the public dialogue about AI and how it has evolved in recent times.

We discuss the heady excitement about the technology's possibilities and emerging concerns about its risks, and what the right risks to focus on are. We also explore how the emerging AI conversation compares to discussions about previous disruptive technologies such as social media.

Links:

Open letter about AI risks https://futureoflife.org/open-letter/pause-giant-ai-experiments/

News article written by ChatGPT https://news.sky.com/story/chatgpt-we-let-an-ai-chatbot-help-write-an-article-heres-how-it-went-12763244

Article about AI-generated version of songs by The Weeknd and Drake (NY Times) https://www.nytimes.com/2023/04/19/arts/music/ai-drake-the-weeknd-fake.html

Nick Cave on AI (BBC News) https://www.bbc.com/news/entertainment-arts-64302944

2016 article about self-driving trucks (The Guardian) https://www.theguardian.com/technology/2016/jun/17/self-driving-trucks-impact-on-drivers-jobs-us

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This is the third episode in a short series about AI.

In this episode we explore international moves to regulate AI, with approaches ranging from voluntary guidance and self regulation to dedicated legislation for AI.

We explore the varying philosophical approaches (notably between the US and Europe), and discuss Australia's approach to the challenge, which is currently focused on a discussion paper from the Department of Industry, Science and Resources.

Links:

OpenAI’s CEO Goes on a Diplomatic Charm Offensive (Foreign Policy)https://foreignpolicy.com/2023/06/20/openai-ceo-diplomacy-artificial-intelligence/

Department of Industry, Science and Resources discussion paper
https://www.chiefscientist.gov.au/sites/default/files/2023-05/Rapid%20Response%20Information%20Report%20-%20Generative%20AI.pdf

Exclusive: OpenAI Lobbied the E.U. to Water Down AI Regulation (TIME) https://time.com/6288245/openai-eu-lobbying-ai-act/?utm_source=substack&utm_medium=email

EU lawmakers eye tiered approach to regulating generative AI (TechCrunch)https://techcrunch.com/2023/04/21/eu-ai-act-generative-ai/

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This is the second episode in a short series about AI.

With the potential harms of AI receiving greater exposure over recent months, we take a look at how businesses are responding.

We explore the role and effectiveness of "ethical principles", introduced by many organisations to guide AI usage, and how existing corporate governance practices can be extended to the challenges of AI.

Links:

UTS HTI: The State of AI Governance in Australia https://www.uts.edu.au/sites/default/files/2023-05/HTI%20The%20State%20of%20AI%20Governance%20in%20Australia%20-%2031%20May%202023.pdf

The uselessness of AI ethics (Academic paper by Luke Munn) https://link.springer.com/article/10.1007/s43681-022-00209-w

Governing AI: A Blueprint for the Future (Microsoft) https://query.prod.cms.rt.microsoft.com/cms/api/am/binary/RW14Gtw

Australia’s AI Ethics Principles https://www.industry.gov.au/publications/australias-artificial-intelligence-ethics-framework/australias-ai-ethics-principles

Safe Work Australia on the effectiveness of different regulatory interventions https://www.safeworkaustralia.gov.au/system/files/documents/1702/effectiveness-whs-interventions-by-regulators-literature-review.pdf

The ethics of AI ethics (Academic paper comparing AI guidelines) https://arxiv.org/abs/1903.03425

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This is the first episode in a short series about AI.

After months of frenzied activity and dialogue, the AI conversation seems to be consolidating around some common questions, including: What is AI exactly? What are the harms it can cause? How should businesses govern their use of AI? What should policymakers and governments do? What's the public perspective and how is that being shaped?

And there seems to also be some consolidation of opinions in response to those questions.

In this series, we'll explore those questions and the emerging consensus.

In this episode, we tackle the first two of those questions - What is AI and what are its harms?

Links:

Article about US Lawyer who used ChatGPT facing penalties for made up citations (NY Times) https://www.nytimes.com/2023/06/08/nyregion/lawyer-chatgpt-sanctions.html

UTS HTI: The State of AI Governance in Australia https://www.uts.edu.au/sites/default/files/2023-05/HTI%20The%20State%20of%20AI%20Governance%20in%20Australia%20-%2031%20May%202023.pdf

Government releases AI discussion papers (InnovationAus https://www.innovationaus.com/ed-husic-releases-discussion-papers-on-ai-regulation/

Generative AI: Language models and multimodal foundation models https://www.chiefscientist.gov.au/sites/default/files/2023-05/Rapid%20Response%20Information%20Report%20-%20Generative%20AI.pdf

Article about AI "extinction risk" (TechCrunch)https://techcrunch.com/2023/05/30/ai-extiction-risk-statement/

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We break down the recent record fine against Meta by the Irish data protection regulator, which focuses on Meta's practice of transferring data about its EU customers to the US, where it is exposed to US spy agencies.

The fine, and the legal proceedings that led to it, originate with a complaint by an Austrian man called Max Schrems. For over a decade, Schrems and his not-for-profit NOYB have pursued several privacy complaints via the courts - leading to the striking down of major international data transfer agreements.

Who is this man that has had an outsized impact on international data protection arrangements? We take a look at his story.

Links:

Meta hit with record $1.9 billion fine over transfer of users' data to United States (ABC) https://www.abc.net.au/news/2023-05-23/meta-record-fine-facebook-data-eu-us-transfer-data/102379666

IAPP analysis of fine (IAPP) https://iapp.org/news/a/ireland-dpcs-data-transfers-decision-pragmatic-punch-or-knockout-blow/

Max Schrems response to fine (NOYB) https://noyb.eu/en/edpb-decision-facebooks-eu-us-data-transfers-stop-transfers-fine-and-repatriation

Interview with Max Schrems https://www.youtube.com/watch?v=I9HhCTnRoow

Article about Max Schrems (Irish Times) https://www.irishtimes.com/business/technology/max-schrems-the-man-who-took-on-facebook-and-won-1.3451485

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This week we dissect proposals to introduce online age verification to protect kids from explicit content and other harmful effects of online platforms.

There's significant momentum behind the idea, with various technologies being offered as an answer and the Australian government evaluating a roadmap from the eSafety Commissioner and also considering using digital identity as a solution.

But the concept has its complications, including privacy implications, the workability of proposed technologies and potential broader effects on online participation.

Links:

Govt mulls digital ID for online age verification (InnovationAus) https://www.innovationaus.com/govt-mulls-digital-id-for-online-age-verification/

Online age verification roadmap https://www.esafety.gov.au/newsroom/media-releases/esafety-provides-age-verification-roadmap-government-for-consideration

The Verge article on age verification (The Verge) https://www.theverge.com/23721306/online-age-verification-privacy-laws-child-safety

US Bill to protect children from social media https://www.schatz.senate.gov/news/press-releases/schatz-cotton-murphy-britt-introduce-bipartisan-legislation-to-help-protect-kids-from-harmful-impacts-of-social-media

Meta uses AI to verify age on Instagram (AdNews) https://www.adnews.com.au/news/meta-uses-ai-to-verify-age-on-instagram

Age verification provider Yoti responds to The Verge https://www.linkedin.com/posts/robin-tombs-6928195_online-age-verification-is-coming-and-privacy-activity-7064599256958951424-1KzX/?utm_source=share&utm_medium=member_desktop

Amazon age verification for buying beer https://www.aboutamazon.com/news/retail/amazon-one-age-verification

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It's referred to as the gold standard or high watermark of privacy regulation around the world.

This week is five years since the EU's General Data Protection Regulation (GDPR) came into effect.

We are joined by elevenM privacy practice lead Melanie Marks to reflect on the history and importance of the regulation and to discuss its impact and shortcomings.

Links:

What Is GDPR and Why Should You Care? (WIRED) https://www.wired.com/story/how-gdpr-affects-you/

GDPR success summary (European Commission) https://commission.europa.eu/law/law-topic/data-protection/eu-data-protection-rules/gdpr-fabric-success-story_en

How GDPR Is Failing (WIRED) https://www.wired.co.uk/article/gdpr-2022

GDPR three-year review (IAPP) https://iapp.org/news/a/three-years-in-gdpr-highlights-privacy-in-global-landscape/

GDPR Enforcement Tracker Report (CMS) https://cms.law/en/deu/publication/gdpr-enforcement-tracker-report

NOYB's more critical review of GDPR enforcement https://noyb.eu/en/five-years-gdpr-media-resources

NOYB's ongoing complaint about Meta's approach to consent https://noyb.eu/en/breaking-meta-prohibited-use-personal-data-advertising

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This week we look at the Federal Government's budget commitments to privacy, cyber security and online safety.

Notably, the Government has signifantly increased funding for privacy regulation for the next four years, while its funding commitments for cyber security reflect an important shift towards building broad-based economy-wide resilience.

We break down the various commitments and their likely impact.

Links:

Budget documents https://budget.gov.au/content/documents.htm

OAIC portfolio budget statements https://www.ag.gov.au/system/files/2023-05/2023-24-AG-PBS-OAIC.PDF

eSafety funding quadruples (InnovationAus) https://www.innovationaus.com/esafety-resources-quadruples-as-national-cyber-office-funded/

OAIC welcomes additional Budget funding https://www.oaic.gov.au/newsroom/oaic-welcomes-additional-budget-funding

Cyber funding reporting (The Mandarin) https://www.themandarin.com.au/219732-budget-2023-chalmers-champions-sustainable-funding-of-government-services/

Cyber Wardens program https://cyberwardens.com.au/

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Momentum continues to build for the need to rein in AI.

Despite it being a global challenge, the approaches to regulating AI vary from country to country in some fairly fundamental (and even philosophical) ways. In this week's episode, we explore these different approaches.
Links:

Australian experts call for AI regulator (InnovationAus) https://www.innovationaus.com/australian-experts-want-a-ai-regulator-investigation-of-failures/

Microsoft warns against AI regulation in favour of industry-led sandbox approach (InnovationAus) https://www.innovationaus.com/microsofts-warning-against-sovereign-data-and-tech-capability/

Lina Khan essay (NYTimes) https://www.nytimes.com/2023/05/03/opinion/ai-lina-khan-ftc-technology.html

Thomas Friedman column (NYTimes) https://www.nytimes.com/2023/05/02/opinion/ai-tech-climate-change.html?mkt_tok=MTM4LUVaTS0wNDIAAAGLhrcb_2iwIVn93sPquIulsJEQEQ0RujT-BPq3FwH1gj19MxjnR0yiBdgoPfirc5aCuIEM3ysagc7lccIAo43z7PuSD-HaSSbhs_HGRyryZ_Gm

White House AI meeting fact sheet https://www.whitehouse.gov/ostp/news-updates/2023/05/04/fact-sheet-biden-harris-administration-announces-new-actions-to-promote-responsible-ai-innovation-that-protects-americans-rights-and-safety/

EU AI Act explained (WEF) https://www.weforum.org/agenda/2023/03/the-european-union-s-ai-act-explained/#:~:text=The%20Artificial%20Intelligence%20Act%20aims,of%20AI%20for%20industrial%20use.%E2%80%9D

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It's Privacy Awareness Week, so we're peeling back the layers on one of the most common concepts used to raise awareness about privacy: the creepy test.

It's that sense of "ew!" we sometimes feel when we encounter technologies or business practices that step over the bounds of responsible use of our personal information.

This week, we break down the concept of the creepy test and evaluate its usefulness.

Links:

"A Theory of Creepy" (Paper by Tene and Polonetsky) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2326830

Criticisms about the creepy test (Slate) https://slate.com/technology/2021/12/why-privacy-matters-excerpt-creepiness.html

Article about Target predicting a teenager was pregnant (NYTimes) https://www.nytimes.com/2012/02/19/magazine/shopping-habits.html

Privacy Awareness Week (OAIC) https://www.oaic.gov.au/engage-with-us/events/privacy-awareness-week
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This week, we discuss the push to abolish anonymity on social media, as a means to preventing online abuse.

Policymakers have been grappling with the challenges of trolling and online abuse for a few years, but it has come into the spotlight after the complaints of several prominent Australian footballers and athletes.

While enforcing real identity seems an obvious solution, Arj and Jordan debate its effectiveness and explore its adverse side effects on other internet users.

Links:

Article about abuse of NRL players (Fox Sports) https://www.foxsports.com.au/nrl/nrl-premiership/social-media-abuse-in-sport-special-investigation-latrell-mitchells-dire-warning-of-youth-suicide/news-story/061024cdebe27ccc4f3a73cd4f31ec72

Comments by AFL inclusion manager (ABC News) https://www.abc.net.au/news/2021-08-09/tanya-hosch-says-afl-must-continue-to-stamp-out-racism/100360890

Article about Anti-Trolling Bill (SMH) https://www.smh.com.au/national/morrison-government-s-plan-to-unmask-online-trolls-creates-legal-confusion-20211128-p59cuu.html

Article about Korea's ban on anonymity (Ars Technica) https://arstechnica.com/tech-policy/2011/08/what-south-korea-can-teach-us-about-online-anonymity/

UK Government inquiry into anonymity https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1123426/Report_into_the_Connection_between_Abuse_and_Anonymity.pdf

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This week, we discuss the emerging response to now well-documented concerns about generative AI from regulators and lawyers.

With data protection authorities seemingly leading the charge, we discuss whether privacy is actually the right lever to be pulling when it comes to taking action against these technologies, in light of broader concerns about discrimination, defamation and copyright infringement.

Or is this like getting Al Capone on tax evasion charges?

Links:

ChatGPT is entering a world of regulatory pain in Europe (Politico) https://www.politico.eu/article/chatgpt-world-regulatory-pain-eu-privacy-data-protection-gdpr/

Statement by Italian data protection regulator https://www.garanteprivacy.it/home/docweb/-/docweb-display/docweb/9874751#english

ChatGPT response to Italian regulator (Reuters - paywall) https://www.reuters.com/technology/openai-propose-remedies-italian-ban-chatgpt-2023-04-06/

Story about Australian mayor defamation claim (BBC) https://www.bbc.com/news/technology-65202597

Story about Getty Images suing Stable Diffusion for scraping content (The Verge) https://www.theverge.com/2023/1/17/23558516/ai-art-copyright-stable-diffusion-getty-images-lawsuit

The FBI on locking up Al Capone https://archives.fbi.gov/archives/news/stories/2005/march/capone_032805

Sam Altman tweet https://twitter.com/sama/status/1641897800236687360?lang=en

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This week, we discuss the merits of recent ideas to pause the development or rollout of harmful technologies and data practices.

Recent widespread consternation about AI (particularly ChatGPT and GPT-4 from OpenAI) has led to an open letter from various AI and tech personalities calling for a 6-month pause in future development. But Jordan and Arj discuss that the letter may not be all that it seems.

The open letter comes at the same time as a new paper from Australia's
Consumer Policy Research Centre (CPRC), which argues for a new Privacy Safety Regime which would allow governments and regulators to stop or limit obviously harmful uses of or harmful practices. The paper also proposes the introduction of a duty of care or best-interests duty that would oblige businesses to act in the best interests of consumers.

Links:

Open letter to pause AI https://futureoflife.org/open-letter/pause-giant-ai-experiments/

Analysis of open letter (Platformer) https://www.platformer.news/p/the-ai-industry-really-should-slow

ChatGPT blocked in Italy over privacy concerns https://www.abc.net.au/news/2023-04-01/chatgpt-ai-chatbot-blocked-itay-over-privacy-concerns/102175640

Paper from CPRC https://cprc.org.au/in-whose-interest/

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This week, we finally weigh in on a debate that arises frequently - is privacy dead?

Arj and Jordan explore the apparent contradiction between people's stated desire for privacy and their behaviours that accept companies or technologies that repeatedly fall short of acceptable privacy practices. They look at several studies and experiments that help explain why it's not reasonable to leave safeguarding of privacy up to individuals alone.

Links:

IAPP global survey on privacy https://iapp.org/news/a/most-consumers-want-data-privacy-and-will-act-to-defend-it/

Australian Community Attitudes to Privacy Survey 2020 (OAIC) https://www.oaic.gov.au/__data/assets/pdf_file/0015/2373/australian-community-attitudes-to-privacy-survey-2020.pdf

Research paper by Alessandro Acquisti https://www.heinz.cmu.edu/~acquisti/papers/acquisti-privacy-worth.pdf

Solove's The Myth of the Privacy Paradox https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=2738&context=faculty_publications

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With yet another new release from OpenAI, the hype around AI is more intense than ever. But there also seems to be greater public awareness of the risks.

This week Arj and Jordan evaluate efforts to make AI safer, looking particularly at the influence of larger players like OpenAI and Microsoft, and the likely consequences of the evident AI arms race.

Links:

Article about GPT-4 (The Verge) https://www.theverge.com/2023/3/15/23640047/openai-gpt-4-differences-capabilties-functions

Article about GPT-4 (Guardian) https://www.theguardian.com/technology/2023/mar/15/what-is-gpt-4-and-how-does-it-differ-from-chatgpt

Article about Responsible AI Network (InnovationAus) https://www.innovationaus.com/ai-ethics-alliance-to-put-australian-businesses-ahead-of-global-curve/

CSIRO report on AI concerns (InnovationAus) https://www.innovationaus.com/ai-uptake-inhibited-by-security-and-data-quality-concerns-csiro/

Article about Microsoft laying off ethics team (The Verge) https://www.theverge.com/2023/3/13/23638823/microsoft-ethics-society-team-responsible-ai-layoffs

Microsoft's responsible innovation toolkit https://learn.microsoft.com/en-us/azure/architecture/guide/responsible-innovation/

Article on history of OpenAI (MIT Technology Review) https://www.technologyreview.com/2020/02/17/844721/ai-openai-moonshot-elon-musk-sam-altman-greg-brockman-messy-secretive-reality/

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Arj and Jordan discuss how much a major data breach really matters, in the wake of Optus and Medibank's recovery to positive customer growth just six months after their respective data breaches.

They both get a little fired up when discussing commentary that takes a narrow view of the ultimate impact of the data breaches, and explore how data breach harms may be more akin to externalities like environmental pollution.

Links:

Presentation by Optus CEO about recovery from data breach (AFR - paywall) https://www.afr.com/companies/telecommunications/what-we-learned-at-optus-from-being-hacked-20230307-p5cq5j

Article about Medibank recovery (The Australian - paywall) https://www.theaustralian.com.au/business/companies/medibank-losses-13000-customers-from-cyber-attack-but-profit-up/news-story/22cf168bbb7a6ba1492f414404f61abb

Article about Medibank recovery (SMH) https://www.smh.com.au/business/companies/medibank-signs-up-new-customers-despite-damaging-hack-20230222-p5cmmo.html

AFP announcement of arrest of Sydney man for using Optus hack data for scams https://www.afp.gov.au/news-media/media-releases/man-arrested-alleged-data-breach-sms-scam

Privacy Nicks: How the Law Normalizes Surveillance https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4384541

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This week, Arj and Jordan discuss moves to bolster Australia's national cyber security regime.

The Australian Government recently announced its ambition to make Australia ‘the most cyber secure nation’ by 2030. Among several proposed initiatives are plans to establish a new Coordinator for Cyber Security and the release of a discussion paper floating a range of ideas.

Arj and Jordan explore how the new strategy, while borrowing heavily from past strategies, could lead to a much-needed rebalancing of responsibilities away from individuals and small businesses. They also debate the merits of a new Cyber Security Act, which is now being considered to more clearly lay out cyber security obligations for Australian businesses.

Links:

2023-2030 Australian Cyber Security Strategy Discussion Paper https://www.homeaffairs.gov.au/reports-and-publications/submissions-and-discussion-papers/2023-2030-australian-cyber-security-strategy-discussion-paper

Article about new new Coordinator for Cyber Security (The Conversation) https://theconversation.com/albanese-government-to-appoint-coordinator-for-cyber-security-amid-increasing-threat-to-systems-and-data-200699

Lawfare blog on cyber security regulation (Lawfare) https://www.lawfareblog.com/cybersecurity-regulation-its-not-performance-based-if-outcomes-cant-be-measured

Biden-Harris Administration Announces National Cybersecurity Strategy https://www.whitehouse.gov/briefing-room/statements-releases/2023/03/02/fact-sheet-biden-harris-administration-announces-national-cybersecurity-strategy/

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In this special episode of This Week in Digital Trust we feature an interview by our friend Jonathan Gadir with Woodrow Hartzog, renowned privacy expert, author and professor of law.

Professor Hartzog is internationally recognised for his work in privacy and technology law, and an influential voice on the creation and enforcement of information and technology laws.

Our conversation with Professor Hartzog is timely as we contemplate the direction of our own privacy regime in Australia. Jonathan and Prof Hartzog discuss failings in current approaches to privacy regulation and explore ideas such as a “duty of loyalty” obligation to require organisations to act in the best interests of individuals.

Links:

Professor Woodrow Hartzog https://woodrowhartzog.com/

"Breached" (Book) https://www.amazon.com/Breached-Daniel-J-Solove/dp/0190940557/ref=sr_1_7?dchild=1&keywords=breached%21&qid=1630950038&sr=8-7

Prof Hartzog article on duty of loyalty (IAPP) https://iapp.org/news/a/were-so-close-to-getting-data-loyalty-right/

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The Attorney-General's Department has released its proposed set of reforms to the Privacy Act.

But how far do the proposals go to help us solve our key privacy challenges: the fact that the onus of responsibility for privacy falls unduly on individuals, gaps in the current coverage of Australia's privacy regime, concerns about data brokers and targeted advertising, the particular harms faced by children and the vulnerable and the likely role of lobbying and vested interests in privacy reform?

Arj and Jordan are joined this week by elevenM privacy practice lead Melanie Marks to explore these questions.

Links:

Privacy Act Review Report https://www.ag.gov.au/rights-and-protections/publications/privacy-act-review-report

Research paper by elevenM and Monash on privacy harms for children and vulnerable groups https://www.oaic.gov.au/__data/assets/pdf_file/0012/11136/Report-Privacy-risks-and-harms-for-children-and-other-vulnerable-groups-online.pdf

Katherine Kemp analysis of Privacy Act reforms (The Conversation) https://theconversation-com.cdn.ampproject.org/c/s/theconversation.com/amp/proposed-privacy-reforms-could-help-australia-play-catch-up-with-other-nations-but-they-fail-to-tackle-targeted-ads-200166

Article about statutory tort for serious invasions of privacy (SMH) https://www.smh.com.au/business/companies/the-privacy-proposal-that-could-suppress-unflattering-but-true-stories-20230217-p5clf0.html

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On Valentine's day, Arj and Jordan explore recent attempts to improve safety for users of dating apps, which include proposals such as users requiring 100 points of ID to register and the banning of people with criminal histories.

They discuss the unintended consequences of a tendency to deal with online safety challenges through greater policing or surveillance ("techno-carceral solutionism"), and the broader issue with viewing deep-seated and complex social issues through a narrow technology lens.

Links:

Article calling on dating apps to introduce criminal history checks (Guardian) https://www.theguardian.com/australia-news/2022/dec/24/call-for-dating-apps-to-require-criminal-checks-as-australian-government-plans-summit-on-safety

Article on new eSafety data about online dating (Guardian) https://www.theguardian.com/law/2023/feb/07/dating-apps-must-share-information-about-threatening-behaviour-says-australias-esafety-watchdog

Oped arguing for balancing of prevention with policing (The Conversation) https://theconversation.com/3-in-4-people-experience-abuse-on-dating-apps-how-do-we-balance-prevention-with-policing-198587

Surveillance does not equal safety (research paper on techno-carceral solutionism in dating apps) https://journals.sagepub.com/doi/abs/10.1177/17416590221111827?utm_content=214678805&journalCode=cmca

National Plan to End Violence against Women and Children 2022-2032 https://www.dss.gov.au/ending-violence

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A couple of the biggest stories dominating our public discussion have a common original sin.

Our powerlessness in the face of the use and abuse of our personal data for institutional ends (be it by the State or by private companies) contributes to a sense of collective apathy. Like the story of the boiling frog, the dangers of this apathy build steadily and stealthily - right until they burst into the light of some emergency.

Arj and Jordan explore two such headline emergencies: the reckless and harmful Robodebt scheme and the urgent moves by western nations to ban TikTok for national security reasons - two stories in the news for various reasons, but which at their core reflect uncaring attitudes to unethical and exploitative data use.

Links:

The boiling frog https://en.wikipedia.org/wiki/Boiling_frog

Article about Robodebt media strategy (SBS) https://www.sbs.com.au/news/article/shut-this-story-down-government-released-robodebt-victims-details-to-stop-them-speaking-to-media/6esr2l6ds

Salinger blog post on Robodebt https://www.salingerprivacy.com.au/2017/03/08/just-because-you-can-disclose-doesnt-mean-you-should/

Podcast: Recent revelations from the Robo-debt Royal Commission (7am podcast) https://7ampodcast.com.au/episodes/robo-debt-minister-leaked-dead-mans-data

Samantha Floreani oped about TikTok (Guardian) https://www.theguardian.com/commentisfree/2023/jan/22/what-are-we-worrying-about-when-we-worry-about-tiktok

NYTimes essay about banning TikTok (NYT) https://www.nytimes.com/2023/02/01/opinion/tiktok-ban-china.html

The Australia Institute's 'Tech-Xit report' on life without Google and Facebook https://www.centreforresponsibletechnology.org.au/life_wo_google_facebook

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This week, Arj and Jordan look at the human labour powering many AI solutions - solutions that we're encouraged to view as magic in a box. The way this labour is being used - much of it through sub-contracting arrangements in the developing world - raises worker welfare and privacy issues, among other concerns.

Arj and Jordan explore this issue through a couple of news stories - one that reveals the workers involved in labelling images taken by some Roomba robot vacuum cleaner models, and a second story that reveals the role played by low-paid Kenyan workers in training ChatGPT to not be violent, racist and sexist.

Links:

Article about the ChatGPT making jobs redundant (NYPost) https://www.news.com.au/technology/innovation/inventions/the-jobs-ai-could-be-about-to-take-over-forever/news-story/3969af5aed12008263710e264876d5d4

Article about Roomba recording sensitive images (MIT Technology Review) https://www.technologyreview.com/2022/12/19/1065306/roomba-irobot-robot-vacuums-artificial-intelligence-training-data-privacy/

Article about OpenAI using Kenyan workers to train ChatGPT (TIME) https://time.com/6247678/openai-chatgpt-kenya-workers/

Article in NOEMA magazine https://www.noemamag.com/the-exploited-labor-behind-artificial-intelligence/

Book - The Costs of Connection (goodreads review) https://www.goodreads.com/en/book/show/43506400

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This week, Arj and Jordan explore an encouraging proposal for regulating facial recognition.

As the risks and dangers posed by AI and technologies like facial recognition continue to become apparent, UTS Human Technology Institute has published a "model law" for facial recognition that could become the basis for better regulation of facial recognition in Australia.

As well as stepping through the highlights of the model law, Arj and Jordan explore the challenges with regulating facial recognition and why a dedicated law for facial recognition is necessary in light of existing privacy regulations.

Links:

Facial recognition technology: Towards a model law https://www.uts.edu.au/human-technology-institute/explore-our-work/facial-recognition-technology-towards-model-law

UTS Human Technology Institute https://www.uts.edu.au/human-technology-institute

Kmart, Bunnings and The Good Guys using facial recognition technology in stores (CHOICE) https://www.choice.com.au/consumers-and-data/data-collection-and-use/how-your-data-is-used/articles/kmart-bunnings-and-the-good-guys-using-facial-recognition-technology-in-store

OAIC investigation into Bunnings and Kmart https://www.oaic.gov.au/updates/news-and-media/oaic-opens-investigations-into-bunnings-and-kmart

OAIC finding against 7-Eleven https://www.oaic.gov.au/updates/news-and-media/oaic-finds-against-7-eleven-over-facial-recognition

OAIC finding against Clearview AI https://www.oaic.gov.au/updates/news-and-media/clearview-ai-breached-australians-privacy

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This week, Arj and Jordan deconstruct the debate that has sprung up around Elon Musk's attempts to restrict the circulation of publicly available flight data about his private jet.

They discuss how real time flight trackers have been an essential tool for journalists and independent researchers holding billionaires and governments to account and how many arguments about privacy are really arguments about power and accountability.

Going deeper, Arj and Jordan talk about the idea of maintaining a privacy interest in information despite it being publicly available. They explore the important role of law, friction and obscurity in keeping things private even when we can no longer keep things secret.

Links:

Musk bans journalists and suspends account of flight tracking account (NYT) https://www.nytimes.com/2022/12/16/business/elon-musk-twitter-suspensions.html

WIRED article on Musk banning twitter accounts (WIRED) https://www.wired.co.uk/article/elon-musk-elonjet-flight-tracker-transparency

Article about privacy impacts of electronic court filings (WSJ - paywall) https://www.wsj.com/articles/electronic-court-filings-trial-privacy-records-motions-paper-trail-hippa-sensitive-personal-data-11672869403?mod=Searchresults_pos2&page=1

IAPP article touching on private/public distinction https://iapp.org/news/a/a-view-from-dc-elon-musks-privacy-lessons/

Helen Nissenbaum book on Obfuscation https://mitpress.mit.edu/9780262529860/obfuscation/

Paper by constitutional law professor on political donations https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1743742

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In this special episode of This Week in Digital Trust, we explore familiar themes, but with a twist.

On the podcast we often discuss concepts of agency and a sense of identity in the context of privacy, and how our grip on these concepts can be undermined when we lose control over our information.

For Australians who have experienced disadvantage, especially children that have grown up in out-of-home care, these challenges are even more pronounced. Many typically don't have any access to their own records or sufficient visibility about how they are used and for what ends.

We speak with experts Frank Golding and Barbara Reed (bios below) to explore this experience and how recordkeeping is now being re-imagined, in a way that might have lessons for how personal data is managed by organisations more broadly.

Bios:

Dr Frank Golding OAM

Frank Golding has a PhD from Federation University Australia and is a Life Member of CLAN, the national care leaver advocacy body. A social historian, Frank has contributed to formal inquiries dealing with the institutionalisation of children and to projects with the National Museum, the National Library of Australia, and the National Summit on Rights in Records. He has presented papers on child welfare in a number of countries. He has written more than a dozen books, as well as book chapters and refereed journal articles.

Barbara Reed

Barbara Reed is currently working as a part time Research Fellow on the Rights in Records projects of Monash University. As an independent archives and records consultant and Director of Recordkeeping Innovation, she has worked with a range of government, non-government, private and non-profit organisations, in Australia and internationally. She has previously worked on issues empowering access to records for the Care Leaver Community and the Stolen Generation. Much of her consulting work has been focused on developing recordkeeping practices and competencies, transforming recordkeeping into digital practice, and working with a range of stakeholders to create strategic interventions through standards and best practice guidelines.

Links:

Dr Frank Golding OAM https://frankgolding.com/

Charter of Lifelong Rights in Childhood Recordkeeping in Out of Home Care https://www.monash.edu/it/clrc

Bodies of Light (book) https://www.goodreads.com/book/show/58420822-bodies-of-light

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This week Arj and Jordan take a look back at the big issues of 2022 and how things have played out since they were discussed in earlier episodes.

They cover topics including the crash of crypto, the extent of cyber war in the Ukraine/Russia conflict, the march of facial recognition technology, and Australian Government reforms in the cyber and privacy domains.

This is our last episode of 2022. We'll be back in early Jan. Thank you all for listening to the first year of TWIDT!

Links:

Bitcoin crashes in 2022 (Yahoo Finance) https://au.finance.yahoo.com/news/bitcoin-price-crashes-2020-level-crypto-battering-continues-092507106.html

Why Russia's cyber war in Ukraine hasn't played out as predicted (New Atlas) https://newatlas.com/military/russia-cyber-war-ukraine/

Cyber Conflict in the Russia-Ukraine War paper series (Carnegie Endowment for International Peace) https://carnegieendowment.org/programs/technology/cyberconflictintherussiaukrainewar

Clearview AI facial recognition ruling (OAIC) https://www.oaic.gov.au/updates/news-and-media/clearview-ai-breached-australians-privacy

Facial recognition technology: Towards a model law (UTS Human Technology Institute) https://www.uts.edu.au/human-technology-institute/explore-our-work/facial-recognition-technology-towards-model-law

Cyber strategy revamp (The Mandarin) https://www.themandarin.com.au/208343-national-security-boffins-to-rally-around-major-reset-on-resilience-migration-cyber-and-democracy-policy/

Dreyfus pledges sweeping data privacy reforms (AFR) https://www.afr.com/politics/federal/dreyfus-pledges-sweeping-data-privacy-reforms-20220627-p5awvw

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This week, Arj and Jordan mark Human Rights Day (Dec 10) with an argument for making human rights a more central focus in Australia's public policy and reform discussions about privacy.

The discussion offers a useful framing for analysing a recent decision by EU regulators against Meta's use of personalised advertising without explicit consent, a ruling expected to strike at the heart of the tech giant's business models.

They also discuss how stronger privacy laws that make the acquisition of "third-party data" more difficult might be spurring a trend towards new reward schemes and wellbeing apps in the health sector, which the ACCC has warned are creating "big honeypots" of sensitive data.

Links:

Jordan's oped about privacy and human rights (InnovationAus) https://www.innovationaus.com/the-blindspot-in-australias-approach-to-privacy-reform/

Human Rights Day https://www.un.org/en/observances/human-rights-day

EU set to bar Meta from ads based on personal data (Reuters) https://www.reuters.com/technology/eu-raises-concerns-over-metas-targeted-ad-model-wsj-2022-12-06/

Meta’s behavioral ads will finally face GDPR privacy reckoning in January (TechCrunch) https://techcrunch.com/2022/12/06/meta-gdpr-forced-consent-edpb-decisions/

Cyber risk in data honeypots from health insurance app craze: ACCC (The Australian - paywalled) https://www.theaustralian.com.au/business/financial-services/cyber-risk-in-data-honeypots-from-health-insurance-app-craze-accc/news-story/e98bf187286252a0f355980ef77c8cbd

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This week, Arj and Jordan dive into the collapse of cryptocurrency exchange FTX. It leads them to a broader discussion about Effective Altruism, a philosophy and a movement to govern charitable giving that has been taken up with gusto by influential tech billionaires (like FTX founder Sam Bankman-Fried).

Arj and Jordan discuss how some of the thinking behind Effective Altruism may be having adverse effects on the direction of technology more broadly.

Links:

FTX collapse news story (ABC News) https://www.abc.net.au/news/2022-12-03/the-downfall-of-ftx-crypto-king-sam-bankman-fried/101714162

Effective Altruism website https://www.effectivealtruism.org/

Peter Singer pond thought experiment https://www.thelifeyoucansave.org.au/child-in-the-pond/#:~:text=If%20you%20don't%20wade,ll%20be%20late%20for%20work.

Timnit Gebru oped about Effective Altruism (WIRED) https://www.wired.com/story/effective-altruism-artificial-intelligence-sam-bankman-fried/

Critique of longtermism (New Statesman) https://www.newstatesman.com/ideas/2022/11/elon-musk-william-macaskill-useful-philosopher

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This week, Arj and Jordan explore the concept of "safe harbour", a legal concept giving board directors a defence from liability from a privacy or cyber incident. With increased penalties recently introduced for privacy breaches and greater scrutiny on boards and executives, we're starting to hear this idea being floated more often. We explore its merits.

We also chat briefly about the Australian Government's new "hack the hackers" gambit and the status of legislation to drastically increase fines for privacy violations.

Links:

Government announces standing operation to disrupt cybercrime (Home Affairs) https://minister.homeaffairs.gov.au/ClareONeil/Pages/standing-operation-against-cyber-criminal-syndicates.aspx

New privacy penalty bill passes Parliament (InnovationAus) https://www.innovationaus.com/unworkable-data-breach-laws-pass-parliament/

Tech lobby exemptions sought to privacy fines (InnovationAus) https://www.innovationaus.com/tech-industry-wants-good-faith-data-breach-penalty-exemptions/

David Gonski calls for safe harbour (AFR) https://www.afr.com/companies/professional-services/gonski-pushes-for-new-cyber-risk-mechanism-to-protect-directors-20220822-p5bbqe

Lawfirm calls for safe harbour for ransom payments (AFR) https://www.afr.com/technology/making-cyber-ransom-payments-unlawful-would-help-boards-20221120-p5bzp7

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This week, Arj and Jordan dive into the Musk/Twitter saga.

Opinions abound on this one - but Arj and Jordan look closely at how Musk is going with his promise to bring back free speech, the viability of Musk's blue-check verification thought-bubble, and likely repercussions of the departure of privacy, security and compliance officers from the platform.

Links:

Musk fires engineers after critical posts (CNBC) https://www.cnbc.com/2022/11/15/musk-fires-twitter-engineers-after-critical-posts-on-twitter-and-slack.html

Musk halts blue check subscription plan (Reuters) https://www.reuters.com/technology/musk-says-his-companies-will-remain-well-positioned-2023-2022-11-11/

Oped by Twitter's former head of trust and safety (NYTimes) https://www-nytimes-com.cdn.ampproject.org/c/s/www.nytimes.com/2022/11/18/opinion/twitter-yoel-roth-elon-musk.amp.html

Privacy and Security officers depart Twitter (The Verge) https://www.theverge.com/2022/11/10/23451198/twitter-ftc-elon-musk-lawyer-changes-fine-warning

FTC settlement with Twitter https://www.ftc.gov/business-guidance/blog/2022/05/twitter-pay-150-million-penalty-allegedly-breaking-its-privacy-promises-again

FTC warning to Twitter (TechCrunch) https://techcrunch.com/2022/11/10/ftc-warns-no-ceo-or-company-is-above-the-law-if-twitter-shirks-privacy-order/

Australia’s eSafety commissioner cautions Elon Musk (Guardian) https://www.theguardian.com/technology/2022/nov/08/australia-esafety-commissioner-elon-musk-twitter-moderation-concerns

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This week, Arj and Jordan dive into the vexed question of whether companies should pay ransoms to cybercriminals.

The government's position is clear: do not pay. The reality on the ground for most companies is much more complex. Arj and Jordan step through these complexities and the competing imperatives organisations face when confronted with this difficult decision.

Important note: This is a complex topic and it's important to emphasise that in this discussion we aren't advocating one way or the other in relation to paying ransoms generally - merely illustrating how businesses faced with a ransom demand do have various and competing considerations.

Links:

Medibank breach round-up (Guardian) https://www.theguardian.com/australia-news/2022/nov/12/medibank-v-the-hackers-how-the-health-insurer-fell-to-a-mass-data-theft

National coordination mechanism invoked (IT News) https://www.itnews.com.au/news/gov-invokes-emergency-coordination-as-medibank-breach-worsens-586965

ACSC ransomware advice https://www.cyber.gov.au/ransomware

Ransomware action plan https://www.homeaffairs.gov.au/cyber-security-subsite/files/ransomware-action-plan.pdf

Labor call for National Ransomware Strategy https://timwatts.net.au/media/187357/beyond-the-blame-game-ransomware-discussion-paper.pdf

Panama Papers https://en.wikipedia.org/wiki/Panama_Papers

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This week, Arj and Jordan dive into the issue of privacy and security of data in the rental market.

After a spate of data breaches affecting Australian businesses, commentators had been warning of the disaster-in-waiting in the real estate sector. And sure enough we got one.

Arj and Jordan explore the underlying factors involved, including practices and attitudes at individual real estate agencies, power imbalances in the housing market and legislative gaps.

Links:

Samantha Floreani article on real estate data practices (Guardian) https://www.theguardian.com/commentisfree/2022/oct/04/telcos-arent-alone-in-collecting-too-much-of-our-personal-information

Harcourts real estate agent data breach (Guardian) https://www.theguardian.com/australia-news/2022/nov/03/melbourne-real-estate-agency-data-breach-leaves-details-of-renters-and-landlords-exposed

ABC investigation into real estate websites pressuring rental applicants to pay for background checks (ABC) https://www.abc.net.au/news/2022-11-04/regulators-examining-renters-pressured-into-paying-background/101611846

UNSW analysis of rental data collection practices https://newsroom.unsw.edu.au/news/social-affairs/cybersecurity-breaches-call-rental-data-collection-overhaul

Business lobby pushes back on removal of small business exemption (AFR) https://www.afr.com/technology/you-can-t-just-flick-a-switch-small-business-fears-new-data-laws-20221004-p5bn2o

First Dog on the Moon on housing https://www.theguardian.com/commentisfree/2022/oct/28/you-would-not-believe-what-questions-real-estate-agents-are-asking-tenants-now

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We're back after a break. This week, Arj is joined by elevenM privacy practice lead Melanie Marks to discuss the Australian Government's move to significantly lift penalties on businesses that violate privacy, as the nation experiences a spate of serious data breaches.

They discuss the likely impact and effectiveness of the fines, clear up some misconceptions about what the fines are actually for, and explore some of the less-discussed additional powers introduced alongside the fines.

Links:

Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6940_first-reps/toc_word/22113b01.docx;fileType=application%2Fvnd.openxmlformats-officedocument.wordprocessingml.document

Attorney-General press release https://ministers.ag.gov.au/media-centre/tougher-penalties-serious-data-breaches-22-10-2022

Explanatory Memorandum https://parlinfo.aph.gov.au/parlInfo/download/legislation/ems/r6940_ems_715c9651-94ce-4b91-9912-a4023d8c7f61/upload_word/22113%20EM.DOCX;fileType=application%2Fvnd.openxmlformats-officedocument.wordprocessingml.document

Link to make submissions on the Bill https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/PrivacyEnforcement2022

OAIC's Federal Court proceedings against Facebook https://www.oaic.gov.au/updates/news-and-media/commissioner-launches-federal-court-action-against-facebook

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This week, Arj and Jordan get wonky, exploring why public policy approaches to scaling back market power are increasingly dovetailing with reforms to better safeguard individual privacy.

The conversation takes them to unexpected places, covering two new momentous EU regulations, Amazon's acquisition of Roomba maker iRobot, and the so-called "hipster antitrust" movement.

Links:

Article about Digital Markets Act and the Digital Services Act (InnovationAus) https://www.innovationaus.com/eu-double-act-puts-regulatory-squeeze-on-platform-tech/

FTC probing Amazon's iRobot aquisition (Reuters) https://www.reuters.com/markets/deals/ftc-seeks-more-data-amazons-17-bln-deal-vacuum-maker-irobot-2022-09-20/

ACCC Digital platforms inquiry https://www.accc.gov.au/focus-areas/inquiries-finalised/digital-platforms-inquiry-0

ACCC on Google's proposed FitBit acquisiton (Guardian) https://www.theguardian.com/australia-news/2020/dec/22/google-faces-400m-fine-over-fitbit-takeover-if-it-doesnt-wait-for-competition-watchdogs-approval

Article about "hipster antitrust" (Reuters) https://www.reuters.com/article/us-usa-antitrust-breakingviews-idUSKBN2B3016

Lina Khan paper in Yale Law Journal https://www.yalelawjournal.org/pdf/e.710.Khan.805_zuvfyyeh.pdf

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This week, Arj and Jordan give their views on the strategic and policy takeaways from the now infamous Optus breach. They explore a philosophical shift in business attitudes to data, proposed legislative reforms, and the broader cultural shift needed in how we collectively approach the building of technology.

Links:

Jeremy Kirk reporting https://www.bankinfosecurity.com/optus-under-1-million-extortion-threat-in-data-breach-a-20142

Jeremy Kirk on Twitter https://twitter.com/jeremy_kirk/status/1573652986437726208?s=21&t=5kqrqoy-kIEnnvUh0YavOQ

Data is the new asbestos (InnovationAus)  https://www.innovationaus.com/data-is-the-new-asbestos-optus-hack-renews-calls-for-privacy-reform/

Clare O’Neil on 7.30 report https://www.abc.net.au/7.30/home-affairs-minister,-clare-o%E2%80%99neil,-speaks-on-the/14066184

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In this special episode of This Week in Digital Trust we feature an interview by our friend Jonathan Gadir with Chris Dolman, executive manager for Data and Algorithmic Ethics at IAG.

Jonathan and Chris discuss the place of data ethics within organisations, how to break down the AI and data ethics risks, and how to think about the governance of these risks. They also use real-world example to illustrate and explore some of the common factors that lead to data ethics risks, such as "poor proxies" and "false causality".

Links:

Chris Dolman on LinkedIn: https://www.linkedin.com/in/cdolman/

Gradient Institute: https://www.gradientinstitute.org/

Gradient Institute report 'De-Risking Automated Decisions' https://www.gradientinstitute.org/assets/gradient_minderoo_report.pdf

Jonathan Gadir on Twitter https://twitter.com/jonoloosecannon

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This week, Arj and Jordan explore why privacy and data protection laws sometimes fall short of delivering the outcomes we need and desire - especially those crafted using a principle-based approach.

The discussion follows another insightful paper by UNSW law academic Katherine Kemp on the continued practice of ‘data enrichment’, which Prof. Kemp argues is illegal.

They also discuss the failed compliance of law enforcement agencies with laws that allow them to access private data.

Links:

Katherine Kemp paper "Australia’s Forgotten Privacy Principle" https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4224653

Katherine Kemp oped https://www.choice.com.au/consumers-and-data/protecting-your-data/data-laws-and-regulation/articles/why-we-need-to-enforce-laws-against-data-enrichment

Australian Law Reform Commission report https://www.alrc.gov.au/publication/for-your-information-australian-privacy-law-and-practice-alrc-report-108/

Report on Commonwealth ombudsman review (Saturday Paper) https://www.thesaturdaypaper.com.au/news/politics/2022/09/17/pretty-creepy-agencies-illegally-obtained-emails-voicemails-and-texts#hrd

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It's been labelled “the most important election you’ve never heard of”.

This week, Arj and Jordan dive into an upcoming debate over the election of the next secretary-general of the International Telecommunication Union, a 150-year-old body that has been pivotal in the setting of internet standards and policy.

The backdrop is a fascinating discussion about whether the long-held Western vision of an open, global, free and secure internet is now over, as more anti-democratic regimes clamp down on networks and platforms in their jursidictions, while Western governments themselves seek new ways to fix the ills of an unregulated internet.

Links:

White House Listening Session on Tech Platform Accountability https://www.whitehouse.gov/briefing-room/statements-releases/2022/09/08/readout-of-white-house-listening-session-on-tech-platform-accountability/

Council on Foreign Relations report - Confronting Reality in Cyberspace: Foreign Policy for a Fragmented Internet https://www.cfr.org/report/confronting-reality-in-cyberspace

Report on ITU election (SMH) https://www.smh.com.au/technology/future-of-cyberspace-on-the-line-as-us-russia-square-off-20220910-p5bh27.html

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Should companies be forced to host all data about Australian citizens onshore? With debates about data localisation kicking off all over the globe, Arj and Jordan this week unpack the issues surrounding this policy.

They also discuss the normalising of surveillance technologies among young people, after a Sydney school introduced fingerprint scanners for access to bathrooms.

Links:

Home Affairs discussion paper https://www.homeaffairs.gov.au/reports-and-pubs/files/data-security/nds-action-plan.pdf

Tech companies on data localisation (InnovationAus): https://www.innovationaus.com/tech-giants-rally-against-data-localisation-in-australia/

ABC News story on fingerprint scanners at schools https://www.abc.net.au/news/2022-09-06/moorebank-high-school-fingerprints-students-going-to-toilet/101410544

Drones with tasers https://7news.com.au/news/crime/taser-armed-drones-a-crackpot-idea-c-7048891

Salinger blog post on fingerprint scanning https://www.salingerprivacy.com.au/2022/09/07/finger-scanning/

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What actually is AI? Is the term meaningful? Is it always the best answer?

This week, Arj and Jordan explore how technologies like AI and machine learning are being approached, and the growing tendency towards "AI solutionism". They also discuss a couple of provocative proposals to entirely abandon the use of the term "AI", and how this might aid our approach to problem solving and policymaking.

Links:

ABC News story on botched aged care AI trial https://www.abc.net.au/news/2022-08-31/aged-care-cctv-trial-artificial-intelligence-false-reports/101390952

Ellen Broad article on use of "artificial intelligence" as a term https://www.innovationaus.com/we-need-to-let-go-of-regulating-artificial-intelligence/

Center on Privacy & Technology announcement to stop using terms “artificial intelligence,” “AI,” and “machine learning” https://medium.com/center-on-privacy-technology/artifice-and-intelligence%C2%B9-f00da128d3cd

XKCD "Here to Help" https://xkcd.com/1831/

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This week, Arj and Jordan discuss the merits of the Albanese Government's decision to overhaul the previous government's national cyber security strategy, which included the eye-catching $10 billion funding allocation for Project REDSPICE.

They also discuss why organisations continue to consider facial recognition, in spite of the intense uproar over its use in recent weeks and months. This comes as ClubsACT considers trialling the technology in pubs and clubs to enforce self-exclusion requests from problem gamblers.

Links:

IT News story on cyber strategy overhaul https://www.itnews.com.au/news/government-re-launches-cyber-security-strategy-584180

ABC story about facial recognition trial in ACT https://www.abc.net.au/canberra/programs/drive/facial-recognition-clubs-act/101350722

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This week, Arj and Jordan discuss what it means to be identified online. Does a company "know" you if they can't link the data they hold about you to your real world identity, but can still tell that you're the same person moving from one online service to another? What does our concept of what it means to be identified mean for how privacy is regulated and enforced? 

Links:

Katherine Kemp paper on online tracking by media companies https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4141609

$60m penalty against Google https://www.accc.gov.au/media-release/google-llc-to-pay-60-million-for-misleading-representations

Credits:

Music by Bensound.com

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In this special episode of This Week in Digital Trust we feature an interview by our friend Jonathan Gadir with Avishai Ostrin, a director with Israeli privacy consulting firm PrivacyTeam.

Jonathan and Avishai explore the differing attitudes and approaches to privacy in Israel, many of which stem from underlying cultural attitudes. They also discuss what it's like to be a privacy advocate in a very security-focused nation, and developments involving Israeli spyware company, NSO Group.

Links:

Avishai Ostrin on LinkedIn: https://www.linkedin.com/in/avishaiostrin/

PrivacyTeam: https://www.privacyteam.com/

Washington Post story on US firm ending talks to buy Israeli spyware company https://www.washingtonpost.com/national-security/2022/07/10/nso-spyware-l3harris-talks-ended/

Twitter: Jonathan Gadir https://mobile.twitter.com/jonoloosecannon

Credits:

Music by Bensound.com

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This week, Arj and Jordan discuss the merits of the proposed new federal privacy law in the US. Also this week - a new once-in-a-decade report from CSIRO also lays out seven megatrends to shape our future, three of which fall squarely into the realm of technology, digital policy and other favourite topics of the podcast.

Links:

IAPP coverage of American Data Privacy and Protection Act https://iapp.org/news/a/american-data-privacy-and-protection-act-heads-for-us-house-floor/

Daniel Solove opinion on federal privacy law: https://teachprivacy.com/a-faustian-bargain-is-preemption-too-high-a-price-for-a-federal-privacy-law/

Woodrow Hartzog and Neil Richards on a duty of loyalty: https://iapp.org/news/a/were-so-close-to-getting-data-loyalty-right/

Algorithm Watch on algorithmic bias in Google and Facebook ads: https://algorithmwatch.org/en/automated-discrimination-facebook-google/

CSIRO report "Our Future World": https://www.csiro.au/en/research/technology-space/data/Our-Future-World

Credits:

Music by Bensound.com

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This week, Arj and Jordan look how China is using various levers to pressure Big Tech into compliance with national goals. They also look at how Meta platforms such as facebook have an impact on a range of human rights, after the US giant published a self-assessment.

Links:

Meta’s First Annual Human Rights Report https://about.fb.com/news/2022/07/first-annual-human-rights-report/

Platformer analysis of Meta's report (paywalled): https://www.platformer.news/p/meta-measures-its-human-rights-impact?utm_source=substack&utm_medium=email

Influence Empire by Lulu Chen (Guardian extract): https://www.theguardian.com/technology/2022/jul/24/we-show-hotshots-whos-boss-how-china-disciplines-its-tech-barons

Washington Post article on China's big tech crackdown: https://www.washingtonpost.com/world/2022/05/05/china-jack-ma-arrest-alibaba/

Credits:

Music by Bensound.com

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The pod is back after being struck down by illness. With their return, Arj and Jordan take on virality of a different kind: videos showing "random acts of kindness" on social media platform TikTok. They dive into why the videos are problematic from a privacy perspective.

While on TikTok, they also explore growing concern about the privacy protections surrounding TikTok user data, and what access the Chinese government may have.

Links:

OAIC opens investigations into Bunnings and Kmart https://www.oaic.gov.au/updates/news-and-media/oaic-opens-investigations-into-bunnings-and-kmart

ABC article about Melbourne woman filmed without consent https://www.abc.net.au/news/2022-07-14/tiktok-video-maree-melbourne-flowers/101228418

BuzzFeed story about US TikTok user data accessed in China https://www.buzzfeednews.com/article/emilybakerwhite/tiktok-tapes-us-user-data-china-bytedance-access

ABC News story about Australian TikTok user data potentially accessed in China https://www.abc.net.au/news/2022-07-13/tiktok-admits-australian-data-accessible-in-china/101233320

SBS: "So what if China can access your TikTok data?" https://www.sbs.com.au/news/article/so-what-if-china-can-access-your-tiktok-data/mr1anx97k

Credits:

Music by Bensound.com

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This week, Arj and Jordan dive into the growing challenge faced by social media platforms in India, as the Modi government institutes more aggressive approaches to content removal.

Also this week is a look at how scams are being carried out, as new data reveals Australians lost $2 billion to scams in 2021.

Links:

Reuters article about Twitter legal challenge against Indian govenrment https://www.reuters.com/world/india/twitter-pursues-judicial-review-indian-content-takedown-orders-source-2022-07-05/

Casey Newton analysis of Twitter/India stoush on Platformer (paywalled): https://www.platformer.news/p/twitter-sues-india

Twitter transparency reports on information requests and removal requests originating from India https://transparency.twitter.com/en/reports/countries/in.html

ACCC Targeting Scams report https://www.accc.gov.au/publications/targeting-scams-report-on-scam-activity/targeting-scams-report-of-the-accc-on-scams-activity-2021

Credits:

Music by Bensound.com

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This week, Arj and Jordan get excited about Attorney General Mark Dreyfus' commitment to act on privacy reform within the first term of the recently elected Labor Government, but are given pause by his framing of the issues in terms of individual control and choice. They also re-cap the key reforms being contemplated.

Also up for discussion this week is an assessment of how well placed the Home Affairs department is to govern the recent critical infrastructure security reforms the government has brought in, on the back of a report by the Australian National Audit Office.

Links:

Transcript of Attorney General interview on ABC Radio National – Law Report https://ministers.ag.gov.au/media-centre/transcripts/abc-radio-national-law-report-28-06-2022

AFR on privacy reforms https://www.afr.com/politics/federal/dreyfus-pledges-sweeping-data-privacy-reforms-20220627-p5awvw

elevenM blog series on privacy reform https://elevenm.com/2021/02/04/privacy-in-focus-a-new-beginning/

elevenM’s submission to the Privacy Act Review https://elevenm.com/2022/02/20/elevenms-submission-to-the-privacy-act-review/

Australian National Audit Office report into Home Affairs' administration of critical infrastructure protection policy https://www.anao.gov.au/work/performance-audit/administration-critical-infrastructure-protection-policy

Critical infrastructure reforms https://www.cisc.gov.au/legislative-information-and-reforms/critical-infrastructure

Credits:

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* An apology ***

We had some serious audio issues with this episode, due to Arj being in a different environment than usual for the recording of this episode. We've tried to fix it as best we can in editing, but there will be some parts that are hard to hear. Sorry!

On this week's show, Arj and Jordan have something of a debate over whether the uproar over facial recognition is really justified, and whether it might be a palatable solution if it improves in reliability and accuracy.

Links:

News story about Adelaide City Council use of facial recognition https://www.itnews.com.au/news/sa-police-ignore-adelaide-council-plea-for-facial-recognition-ban-on-cctv-581559

News story about Microsoft limiting facial recognition uses https://www.theguardian.com/technology/2022/jun/22/microsoft-limits-access-to-facial-recognition-tool-in-ai-ethics-overhaul

EFA Complaint https://www.efa.org.au/2022/06/22/efa-complains-to-oaic-about-retailers-use-of-facial-surveillance/

CHOICE report https://www.choice.com.au/consumers-and-data/data-collection-and-use/how-your-data-is-used/articles/kmart-bunnings-and-the-good-guys-using-facial-recognition-technology-in-store

Credits:

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This week, Arj and Jordan dive deep into facial recognition and how we should regulate it, after a week of strong community reaction against revelations about the use of the tech by Aussie retailers. Arj and Jordan also give their take on the other burning question of the last week - "is AI sentient?"

Links:

CHOICE report https://www.choice.com.au/consumers-and-data/data-collection-and-use/how-your-data-is-used/articles/kmart-bunnings-and-the-good-guys-using-facial-recognition-technology-in-store

OAIC statement on facial recognition https://www.oaic.gov.au/updates/news-and-media/retailers-must-ensure-compliance-with-privacy-laws

ABC story about call for national guidelines https://www.abc.net.au/news/2022-06-16/nsw-facial-recognition-technology-wild-west-kmart-good-guys/101156010

Blake Lemoine in conversation with LaMDA https://cajundiscordian.medium.com/is-lamda-sentient-an-interview-ea64d916d917

Washington Post original reporting on LaMDA https://www.washingtonpost.com/technology/2022/06/11/google-ai-lamda-blake-lemoine/

Timnit Gebru on the risks of AI https://www.washingtonpost.com/opinions/2022/06/17/google-ai-ethics-sentient-lemoine-warning/

Credits:

Music by Bensound.com

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What's an archivist do and how do we think about their role in the context of digitisation and other technology trends? This week Arj and Jordan are joined by archivist and fellow elevenM-er Cassie Findlay to discuss these questions, as the national broadcaster announces a major cut in archivists jobs.

They also look at the implications for online anonymity after a Federal court ruling requiring Twitter to hand over the personal information of the PRGuy17 Twitter account as part of a defamation lawsuit.

Links and notes:

About Cassie Findlay: Cassie is a member of the Australian Society of Archivists' Advocacy Committee. Twitter: @CassPF

ABC statement: https://about.abc.net.au/statements/abc-archives-proposal-for-change/

Australian Society of Archivists and the Australian Library and Information Association statement: https://www.archivists.org.au/about-us/statements/joint-statement-on-abc-staffing-cuts

Guardian article about Federal Court order re: PRGuy17: https://www.theguardian.com/technology/2022/jun/07/twitter-ordered-to-hand-over-prguy17s-personal-information-as-part-of-defamation-suit

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This week, Arj and Jordan take a look at many influences on privacy laws (some more hidden than others) just as the US introduces a draft federal privacy bill. They also discuss a compelling report laying out a vision for how the tech ecosystem should be regulated. 

The show kicks off with a quick run through of ministerial appointments and announcements by the new Labor government in Australia, and the potential implications for tech policy.

Links:

New Government cabinet https://www.abc.net.au/news/2022-06-01/who-is-new-labor-government-ministry-cabinet/101113496

The Markup report https://themarkup.org/privacy/2022/05/26/tech-industry-groups-are-watering-down-attempts-at-privacy-regulation-one-state-at-a-time

Tending the Tech-Ecosystem https://www.anu.edu.au/files/guidance/TPDC_Report_NO1_2022_digital_release.pdf

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This week, Arj and Jordan discuss the implications for tech, privacy and cyber policy resulting from the election of a Labor Government (and a large crossbench of Greens and independents) in Australia. They also explore why children's privacy deserves greater focus from privacy regulators, as a new report shines a light on the privacy harms of EdTech.

Links:Australian Federal Election 2022 Live Results https://www.abc.net.au/news/elections/federal/2022/results?filter=all&sort=az&state=all

Privacy Act Review https://www.ag.gov.au/integrity/consultations/review-privacy-act-1988

Digital platforms inquiry https://www.accc.gov.au/focus-areas/inquiries-finalised/digital-platforms-inquiry-0

Robodebt Royal Commission https://www.alp.org.au/policies/robodebt-royal-commission

ABC report on EdTech https://www.abc.net.au/news/2022-05-25/investigation-reveals-educational-tech-tracking-children-data/101091808

Human Rights Watch report https://www.hrw.org/news/2022/05/25/governments-harm-childrens-rights-online-learning#:~:text=EdTech%20Exposed%20is%20an%20independent,during%20the%20Covid%2D19%20pandemic.

FTC policy statement on children's privacy https://www.ftc.gov/news-events/news/press-releases/2022/05/ftc-crack-down-companies-illegally-surveil-children-learning-online

Unicef report on children's data governance https://www.unicef.org/globalinsight/stories/data-governance-children-emerging-priority-area-privacy-professionals

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In this special episode of This Week in Digital Trust we feature an interview by our friend Jonathan Gadir with Ari Ezra Waldman, a professor of law and computer science and widely published author of "Industry Unbound: The Inside Story of Privacy, Data, and Corporate Power".

Jonathan and Professor Waldman discuss the book and a range of related topics including why privacy matters, the limitations of privacy laws and compliance approaches, and ideas for a more outcome-focused approach to privacy.

Links:

Industry Unbound: The Inside Story of Privacy, Data, and Corporate Power

How Big Tech Turns Privacy Laws Into Privacy Theater

Twitter: Ari Ezra Waldman

Twitter: Jonathan Gadir

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This week, Arj and Jordan discuss how effective Australia's News Media Bargaining Code has been in addressing power imbalances between publishers and tech platforms. They revisit a favourite topic - the indiscretions of Clearview AI - after yet another ruling against the facial recognition startup.

Links:

  • Reset Australia report into News Media Bargaining Code
  • WSJ article about Facebook blocking news pages in Australia
  • ACLU victory over Clearview AI
  • Washington Post article about Clearview AI contacting mothers of dead Russian soldiers
  • VICE story about Planned Parenthood data

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This week, Arj and Jordan discuss the deeper privacy implications and associations of the US Supreme Court draft opinion seeking to overturn the Roe V Wade precedent. They also explore the significance of a leaked Facebook document that revealed the social media giant has poor visibility and control over the data it holds.

Links:

Daniel Solove tweet: https://twitter.com/DanielSolove/status/1521712924980613120

IAPP story about privacy implications: https://iapp.org/news/a/leaked-roe-v-wade-opinion-sparks-right-to-privacy-concerns/

VICE story about abortion data: https://www.vice.com/en/article/m7vzjb/location-data-abortion-clinics-safegraph-planned-parenthood

VICE story about Facebook: https://www.vice.com/en/article/akvmke/facebook-doesnt-know-what-it-does-with-your-data-or-where-it-goes

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This week, Arj and Jordan offer their take on Elon Musk's proposed acquisition of Twitter and his plans to take it private in the name of free speech. They also discuss the growing use of consultants by governments to delivery tech projects, as opposed to the public service. 

Links:

InnovationAus coverage: https://www.innovationaus.com/regulator-to-closely-watch-twitter-following-musk-takeover/

Senate Inquiry report into undermining of public sector capability and performance: https://parlinfo.aph.gov.au/parlInfo/download/committees/reportsen/024628/toc_pdf/APSIncunderminingpublicsectorcapabilityandperformance.pdf;fileType=application%2Fpdf

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This week, Arj and Jordan break down the ideas and arguments behind two big ticket keynote addresses from the International Association of Privacy Professionals (IAPP) Global Privacy Summit, which took place on April 12-13 in Washington DC. They discuss how Apple CEO Tim Cook used the opportunity to oppose competition law reform, arguing that Apple's ability to protect its users privacy relies on the maintainence of its App store monopoly. They also dig into what US Federal Trade Commission Chair Lina Khan's address signals about her approach to privacy and competition regulation, and how she'll be pushing for more substantive limits on the ways in which dominant firms condition access to critical technologies.

Links:

IAPP recording of Tim Cook's keynote - https://iapp.org/news/video/keynote-tim-cook-apple-ceo-iapp-global-privacy-summit-2022/

IAPP coverage of Tim Cook's keynote - https://iapp.org/news/a/apples-tim-cook-protecting-privacy-most-essential-battle-of-our-time/

IAPP coverage of Lina Khan's keynote - https://iapp.org/news/a/ftc-chair-touts-interdisciplinary-approach-to-data-privacy-security/

IAPP recording of Lina Khan's keynote - https://iapp.org/news/video/keynote-lina-khan-chair-of-the-federal-trade-commission-iapp-global-privacy-summit-2022/

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This week, Arj and Jordan look at how exemptions in our current privacy regime play a role in the use of microtargeting by political parties in the current Australian election campaign, and the impact of this tactic on democracy. With mixed feelings, they talk once again about notorious facial recognition start-up Clearview AI, which is once again in the press promoting a new use for its technology. Finally, a new report investigating the use of AI in policing in Australia provides some intriguing takeaways for safe and sustainable use of the technology.

Links:

How political parties are using microtargeting to sway voter choices ahead of the federal election. https://www.abc.net.au/news/2022-04-06/political-parties-leverage-microtargeting-for-federal-election/100958682

The Australian Ad Obervatory https://www.admscentre.org.au/adobservatory/

Artificial intelligence and policing in Australia https://www.aspi.org.au/report/ai_policing_australia

Face scanner Clearview AI aims to branch out beyond police https://apnews.com/article/russia-ukraine-technology-business-europe-national-governments-4a4db5b7340792f8a8b08c41c4653f5a

FTC Takes Action Against Company Formerly Known as Weight Watchers for Illegally Collecting Kids’ Sensitive Health Data https://www.ftc.gov/news-events/news/press-releases/2022/03/ftc-takes-action-against-company-formerly-known-weight-watchers-illegally-collecting-kids-sensitive

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This week, Arj and Jordan assess how far the Federal Budget cash splash extends to the realms of cyber security and privacy. They also take a closer look at the underlying reasons hackers managed to get their hands on data of customers of Apple and Meta, and discuss recent investigations into the murky worlds of shadow lobbying and PR by the big tech platforms.

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This week, Arj and Jordan dig into why we haven't seen the big cataclysmic cyber war in Ukraine that defence hawks have long warned us to expect. A couple of new AI initiatives also bring to focus conflicting philosophies in how we should think about AI, while a new court action against Meta lays bare the contradictions between Facebook as a "neutral platform" and as a sophisticated data-driven machine capable of precise targeting.

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This week, Arj and Jordan dissect Clearview AI's incursion into the war between Ukraine and Russia, as it seeks to further promote its facial recognition technology. The war has also created complications for Meta, particularly in relation to content moderation -  an area that's becoming increasingly topical in Australia as we head towards a Federal election.

The guys also get wonky about a couple of new initiatives aimed at bringing more cross-domain coordination to tech policy and regulation in Australia, and the respective merits of each of these ideas.

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This week, Arj and Jordan talk about the human impact of law enforcement uses of facial recognition, and check in again on the Social Media (Anti-Trolling) Bill after a damning round of Senate committee hearings. They also cover the Office of the Australian Information Commissioner's (OAIC) current funding challenges and complaints backlog, and talk about why adequate funding for the OAIC is critical, especially now, as other regulators (such as the Australian Competition and Consumer Comission) are becoming more active in the privacy space.

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This week Arj and Jordan touch briefly on a discussion paper from the Australian Competition and Consumer Commission's ongoing Digital Platform Services Inquiry, and Treasury's review of the News Media Bargaining Code. Then, a discussion about crypto and whether there are any tech policy lessons emerging from the awful war in Ukraine.

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This week Arj and Jordan check in on the (surprisingly rapid) progress of the Critical Infrastructure Bill and pick through the most recent Notifiable Data Breach statistics from the Office of the Australian Information Commissioner. They also discuss Rod Sims legacy as the outgoing Chair of the Australian Competition and Consumer Commissioner, how he has led the Commission's recent focus digital platforms and privacy, and the trade-offs of regulating privacy through a market and consumer lens.

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In this episode, Jordan and Arjun cover the ABC's recent news media bargaining code payday and dig into some privacy criticisms of the national broadcaster's decision to move ahead with mandatory logins for it's popular streaming platform iView. They also unpack some comments from ASIO chief Mike Burgess in response to the politicisation of his agency's work and discuss the extremely broad powers customs officials have to search electronic devices at the border.

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In this episode, Jordan and Arjun take a look at the US Internal Revenue Service's decision to step back from the use of facial recognition technology, in the face of hearty opposition from privacy advocates. In rapid fire fashion, they also step through each of the tech bills being jammed through Federal Government right now.

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In this episode, Jordan and Arjun discuss the broader implications of the Government's "mis-named" anti-trolling legislation, they unpack the privacy commissioner's ruling against the Australian Federal Police's use of Clearview AI facial recognition service, and recap the unsurprising decision by NSW to not move ahead with electronic voting.

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In this episode, Jordan and Arjun dive into the Government's latest attempts to fix social media, this time by tackling anonymous social media profiles. They compare the UK's missive against facial recognition service Clearview AI with Australia's ruling a few weeks ago. Finally, the guys dicuss the growing use of external consultant by Government departments for tech projects, and what this means for privacy and security outcomes.

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In this episode, Jordan and Arjun look more closely at the Information Commissioner's audit of the major banks' compliance with CDR privacy safeguards. They also engage in a healthy bit of state v state rivalry, on the back of recent announcements from the NSW and Victorian governments on digital technology. In closing, Google's $1bn investment in Australia's digital future gets a critical look.

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In this episode, Jordan and Arjun discuss the Federal Government’s new ‘critical technologies plan, exploring whether it's covering everything a national plan should cover. They also debate the value of principles, in light of the Government's release of new supply chain principles. 

A speech about the future of the internet also gets both the guys rather excited. We round off the episode with the latest developments in facial recognition.