Shhh… Russian Parliament Paved Way for "Right to be Forgotten"

Check out the Reuters article below:

Russian parliament approves Internet privacy bill

Technology | Fri Jul 3, 2015 11:04am EDT
Reuters/Mal Langsdon

Russia’s parliament gave its final approval on Friday to a law that would require Internet search engines to remove users’ personal information from their results.

The bill, passed by the State Duma lower house in its third reading, seeks to emulate European Union rules on the “right to be forgotten”, under which search engines must take down certain results that appear under a search of a person’s name.

Under the new Russian legislation, Internet users will have the right to request the removal of information that is incorrect or “no longer relevant because of subsequent events or actions”, TASS news agency reported.

The regulation, which now needs to be signed into law by President Vladimir Putin, has been criticized by Russian web companies who are concerned about balancing rights to personal privacy against the freedom of information.

“We believe that control over dissemination of information should not restrict free access to public data. It should not upset the balance of personal and public interests,” said Russia’s biggest search engine Yandex.

After discussing the draft with search engine providers, the Duma approved some minor changes to the bill, Yandex added.

Users will now need to provide specific references to the web pages they wanted deleting and web companies will have 10 days to comply with the request.

TASS reported that search engines would also not be required to remove information about an applicant’s criminal record.

“Yandex and other Internet companies have criticized this legislation from the moment we heard about,” Yandex said in a statement. “Unfortunately, many important changes, from our point of view, have not been implemented.”

Google in Russia was not immediately available for comment.

(Reporting by Jack Stubbs and Maria Kiselyova; Editing by Alison Williams)

Shhh… WikiLeaks: NSA’s Been Bugging Top Brazilian Political and Financial Targets

To celebrate the US Independence Day on 4 July, WikiLeaks, together with The Intercept, released its latest disclosure “Bugging Brazil“, “a top secret US National Security Agency target list of 29 key Brazilian government phone numbers that were selected for intensive interception”.

“The US targeted not only those closest to the President, but waged an economic espionage campaign against Brazil, spying on those responsible for managing Brazil’s economy, including the head of its Central Bank. The US also extensively targetted Brazil’s diplomacy, targeting the phones of its Foreign Minister and its ambassadors to Germany, France, the EU, the US and Geneva as well as its military chiefs,” according to WikiLeaks.

“Our publication today shows the US has a long way to go to prove its dragnet surveillance on ‘friendly’ governments is over. The US has not just being targetting President Rouseff but the key figures she talks to every day. Even if US assurances of ceasing its targetting of President Rousseff could be trusted, which they cannot, it is fanciful to imagine that President Rousseff can run Brazil by talking to herself all day. If President Rousseff wants to see more US investment in Brazil on the back of her recent trip as she claims, how can she assure Brazilian companies that their US counterparts will not have an advantage provided by this surveillance, until she can really guarantee the spying has stopped – not just on her, but on all Brazilian issues,” said WikiLeaks Editor-in-Chief Julian Assange.

Check out the full list of NSA high priority targets for Brazil here.

Shhh… What Message is the US Sending to France with Bulk Data Collection to Resume Following WikiLeaks' Espionnage Élysée Expose?

As I have said previously, it’s all a farce and now becoming a circus… And consider the timing, what kind of message is this for France given the recent WikiLeaks’ Espionnage Élysée exposé of NSA spying on not only 3 French Presidents but also French companies?

See the New York Times article below.


Surveillance Court Rules That N.S.A. Can Resume Bulk Data Collection

By CHARLIE SAVAGEJUNE 30, 2015

WASHINGTON — The Foreign Intelligence Surveillance Court ruled late Monday that the National Security Agency may temporarily resume its once-secret program that systematically collects records of Americans’ domestic phone calls in bulk.

But the American Civil Liberties Union said Tuesday that it would ask the United States Court of Appeals for the Second Circuit, which had ruled that the surveillance program was illegal, to issue an injunction to halt the program, setting up a potential conflict between the two courts.

The program lapsed on June 1, when a law on which it was based, Section 215 of the USA Patriot Act, expired. Congress revived that provision on June 2 with a bill called the USA Freedom Act, which said the provision could not be used for bulk collection after six months.

The six-month period was intended to give intelligence agencies time to move to a new system in which the phone records — which include information like phone numbers and the duration of calls but not the contents of conversations — would stay in the hands of phone companies. Under those rules, the agency would still be able to gain access to the records to analyze links between callers and suspected terrorists.

But, complicating matters, in May the Court of Appeals for the Second Circuit, in New York, ruled in a lawsuit brought by the A.C.L.U. that Section 215 of the Patriot Act could not legitimately be interpreted as permitting bulk collection at all.

Congress did not include language in the Freedom Act contradicting the Second Circuit ruling or authorizing bulk collection even for the six-month transition. As a result, it was unclear whether the program had a lawful basis to resume in the interim.

After President Obama signed the Freedom Act on June 2, his administration applied to restart the program for six months. But a conservative and libertarian advocacy group, FreedomWorks, filed a motion in the surveillance court saying it had no legal authority to permit the program to resume, even for the interim period.

In a 26-page opinion made public on Tuesday, Judge Michael W. Mosman of the surveillance court rejected the challenge by FreedomWorks, which was represented by a former Virginia attorney general, Ken Cuccinelli, a Republican. And Judge Mosman said the Second Circuit was wrong, too.

“Second Circuit rulings are not binding” on the surveillance court, he wrote, “and this court respectfully disagrees with that court’s analysis, especially in view of the intervening enactment of the USA Freedom Act.”

When the Second Circuit issued its ruling that the program was illegal, it did not issue any injunction ordering the program halted, saying it would be prudent to see what Congress did as Section 215 neared its June 1 expiration. Jameel Jaffer, an A.C.L.U. lawyer, said on Tuesday that the group would now ask for one.

“Neither the statute nor the Constitution permits the government to subject millions of innocent people to this kind of intrusive surveillance,” Mr. Jaffer said. “We intend to ask the court to prohibit the surveillance and to order the N.S.A. to purge the records it’s already collected.”

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The bulk phone records program traces back to October 2001, when the Bush administration secretly authorized the N.S.A. to collect records of Americans’ domestic phone calls in bulk as part of a broader set of post-Sept. 11 counterterrorism efforts.

The program began on the basis of presidential power alone. In 2006, the Bush administration persuaded the surveillance court to begin blessing it under of Section 215 of the Patriot Act, which says the government may collect records that are “relevant” to a national security investigation.

The program was declassified in June 2013 after its existence was disclosed by the former intelligence contractor Edward J. Snowden.

It remains unclear whether the Second Circuit still considers the surveillance program to be illegal during this six-month transition period. The basis for its ruling in May was that Congress had never intended for Section 215 to authorize bulk collection.

In his ruling, Judge Mosman said that because Congress knew how the surveillance court was interpreting Section 215 when it passed the Freedom Act, lawmakers implicitly authorized bulk collection to resume for the transition period.

“Congress could have prohibited bulk data collection” effective immediately, he wrote. “Instead, after lengthy public debate, and with crystal-clear knowledge of the fact of ongoing bulk collection of call detail records,” it chose to allow a 180-day transitional period during which such collection could continue, he wrote.

The surveillance court is subject to review by its own appeals panel, the Foreign Intelligence Surveillance Court of Review. Both the Second Circuit and the surveillance review court are in turn subject to the Supreme Court, which resolves conflicts between appeals courts.

Wyn Hornbuckle, a Justice Department spokesman, said in a written statement that the Obama administration agreed with Judge Mosman.

Since the program was made public, plaintiffs have filed several lawsuits before regular courts, which hear arguments from each side before issuing rulings, unlike the surveillance court’s usual practice, which is to hear only from the government. Judge Mosman’s disagreement with the Second Circuit is the second time that the surveillance court has rejected a contrary ruling about the program by a judge in the regular court system.

In a lawsuit challenging the program that was brought by the conservative legal advocate Larry Klayman, Judge Richard J. Leon of Federal District Court in the District of Columbia ruled in December 2013 that the program most likely violated the Fourth Amendment, which prohibits unreasonable searches and seizures.

But in March 2014, Judge Rosemary M. Collyer, a Federal District Court judge who also sits on the secret surveillance court, rejected Judge Leon’s reasoning and permitted the program to keep going. The Obama administration has appealed Judge Leon’s decision to the Court of Appeals for the District of Columbia.

The Freedom Act also contains a provision saying that whenever the surveillance court addresses a novel and significant legal issue, it must either appoint an outside “friend of the court” who can offer arguments contrary to what the government is saying, or explain why appointing one is not appropriate.

The first test of that reform came last month when another judge on the court, F. Dennis Saylor IV, addressed a separate issue raised by the passage of the Freedom Act. Judge Saylor acknowledged that it was novel and significant, but declined to appoint an outside advocate, saying the answer to the legal question was “sufficiently clear” to him without hearing from one.

A version of this article appears in print on July 1, 2015, on page A19 of the New York edition with the headline: Surveillance Court Rules That N.S.A. Can Resume Bulk Data Collection.

Shhh… WikiLeaks: US Also Had a Decade-long Policy of Economic Espionage Against French Companies

(Above) photo credit: Focus

Assume this is no surprise to many? Following the recent WikiLeaks’ Espionnage Élysée exposé about the NSA spying on 3 French presidents, new WikiLeaks documents revealed how “the US has had a decade- long policy of economic espionage against France, including the interception of all French corporate contracts and negotiations valued at more than $200 million”.

“That covers not only all of France’s major companies, from BNP Paribas, AXA and Credit Agricole to Peugeot and Renault, Total and Orange, but it also affects the major French farming associations,” according to WikiLeaks founder Julian Assange.

“Central within the cache of documents are two long-term spying orders (“collection requirements”) which define the kinds of intelligence the NSA is tasked with collecting in its surveillance operations against France. The documents make clear that the NSA has been tasked with obtaining intelligence on all aspects of the French economy, from government policy, diplomacy, banking and participation in international bodies to infrastructural development, business practices and trade activities,” according to WikiLeaks.

Here’s a related story from Techcrunch:

New WikiLeaks Documents Reveal NSA Spied On Top French Companies

by Romain Dillet (@romaindillet)

Following last week’s eavesdropping reports, WikiLeaks shared new documents with Libération and Mediapart. This time, the new documents reveal that the NSA was spying on France’s best performing companies for economic intelligence purposes.

In addition to eavesdropping French Economy Ministers François Baroin and Pierre Moscovici between 2004 and 2012, the NSA gathered as much data as possible on big French companies. In particular, the agency wanted to know more about the companies that signed expensive export contracts for industrial goods, such as nuclear power plants, planes, high speed trains, etc.

According to an economic espionage order, the NSA intercepted all French corporate contracts and negotiations valued at more than $200 million in many different industries, such as telecommunications, electrical generation, gas, oil, nuclear and renewable energy, and environmental and healthcare technologies.

A second economic espionage order called “France: Economic Developments” shows that information was then shared with other U.S. agencies and secretaries, including the Secretary of Energy, the Secretary of Commerce, the Federal Reserve and the Secretary of Treasury. Eventually, this data could have been used to help sign export deals.

According to France’s IT security agency Anssi, the NSA could have spied on at least a hundred French companies, including most public CAC40 companies. Airbus filed a complaint for intelligence gathering earlier today.

The second document also states that the NSA could share this information with its closest allies — the U.K., Canada, New Zealand and Australia. It’s unclear whether the NSA is still actively spying on French companies. Today’s news is particularly interesting as it proves that the NSA is not only a geopolitical intelligence agency. It also plays an important role when it comes to economic intelligence.

Shhh… French Ultimatum Clicking on Google Over "Right to be Forgotten" Ruling

Please check out my two previous columns on this topic – and the latest on the situation from the Bloomberg article below:

Google Faces French Ultimatum Over Right to Be Forgotten

by Stephanie Bodoni
June 12, 2015 — 5:22 PM HKT
Updated on June 12, 2015 — 11:24 PM HKT

Google Inc. risks French fines after being handed a 15-day ultimatum to extend the so-called right to be forgotten to all its websites, including those outside the European Union.

France’s data protection regulator, CNIL, ordered the world’s most-used search engine to proceed with delistings of links across its network, irrespective of the domain name, according to a statement on Friday. CNIL said it received “hundreds of complaints following Google’s refusals.”

The order comes more than a year after a ruling by the EU’s highest court created a right to be forgotten, allowing people to seek the deletion of links on search engines if the information was outdated or irrelevant. The ruling created a furor, with Mountain View, California-based Google appointing a special panel to advise it on implementing the law. The panel opposed applying the ruling beyond EU domains.

If Google “doesn’t comply with the formal notice within the 15 days,” Isabelle Falque-Pierrotin, the president of CNIL “will be in position to nominate a rapporteur to draft a report recommending to the CNIL Select Committee to impose a sanction to the company,” the watchdog said.

“We’ve been working hard to strike the right balance in implementing the European court’s ruling, cooperating closely with data protection authorities,” Al Verney, a spokesman for Google in Brussels, said in an e-mailed statement. “The ruling focused on services directed to European users, and that’s the approach we are taking in complying with it.”

Links Removal

EU data protection chiefs, currently headed by Falque-Pierrotin, last year already urged Google to also remove links, when needed, from .com sites.

Google Chairman Eric Schmidt has argued that the EU court’s ruling in May 2014 — in which it ordered search links tied to individuals cut when those people contend the material is irrelevant or outdated — didn’t need to be extended to the U.S. site.

“It is easy circumventing the right to be forgotten by using the domain Google.com,” said Johannes Caspar, the Hamburg data protection commissioner. “Google should be compliant with the decision and fill the protection gap quickly.”

Google has removed 342,161, or 41.3 percent, of links that it has “fully processed,” according to a report on its website.

‘Right Balance’

The U.K.’s Information Commissioner’s Office said in a statement that its experience with removal requests “suggests that, for the most part, Google are getting the balance right between the protection of the individual’s privacy and the interest of internet users.”

The right-to-be-forgotten rules add to separate demands for curbs on Google’s market power being considered by lawmakers this week. EU antitrust regulators in April escalated their four-year-old probe into Google, sending the company a statement of objections accusing the Internet giant of abusing its dominance of the search-engine market.

The same day, the EU also started a new investigation into Google’s Android mobile-phone software.

The Flawed "Right To Be Forgotten" Ruling on Google Cannot and Should Not be Globalized

A eight-member panel experts tasked to review privacy issues relating to online search giant Google Inc. has rejected late last week attempts by EU privacy watchdogs to extend the “right to be forgotten” ruling beyond the 28-nation bloc – see Bloomberg report below.

The European Court of Justice issued a landmark ruling last May that anyone living in the European Union and Europeans living outside the region could ask search engines like Google to remove links if they believed the online contents breached their right to privacy and are “inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes for which they were processed.”

I have explained in my column last July that the ruling was Much Ado About Nothing as it amounted to everything but forgotten: what Google essentially did was to remove results from name search of those names approved to be deleted but only on its European websites. The same results remain on the Google US homepage and all its non-European sites. Furthermore, Google is only removing the results but not the links.

Thus no surprise there are now efforts to address these not-so-forgotten issues.

But as I have further pointed out then, the more devastating and often overlooked impact was how any “right to be forgotten” would be a much welcomed and God-sent convenience for “women with a past and men with no future”, essentially amounting to the “right to be defrauded”.

In short, anyone in support and calling to extend the “right to be forgotten” ruling – including the Hong Kong Privacy Commissioner Allen Chiang who erroneously heralded it as a way to grant everyone a “second chance in life” – is not only pulling the plug on the free flow of information but also effectively facilitating the closing down of everyone’s right to information, which would derail the notion of free markets in this global economy if every individuals and entities could so conveniently erase their dirty laundries (like criminal convictions, litigation history, old debts and past bankruptcy records for starters) at the expense of their counter-parties who could no longer trace anything – especially if this ruling was blindly extended and embraced globally.

And I stress once again, the internet, originally designed to exchange raw data between researchers and scientists, has evolved into a self-contained, self-sustained and self-evolving ecosystem of records, communications, commerce, entertainment, etc. Any attempt to remove the contents, successful or otherwise, is like playing God.

Historians will mark the EU ruling as a (irreversible) seismic error. Extending it to a global scale will have no equals in the history of mankind.

Google Panel Opposes EU Data Watchdogs on Forgotten Case

by Stephanie Bodoni

(Bloomberg) — A panel of experts enlisted by Google Inc. to review privacy issues following a European Union court ruling backed the search giant’s bid to limit the “right to be forgotten” to websites within the 28-nation bloc.

The eight-member group, which includes Wikipedia co-founder Jimmy Wales, rejected a push by EU privacy watchdogs to extend search link removals to Google’s global site.

“Delistings applied to the European versions of search will, as a general rule, protect the rights of the data subject adequately in the current state of affairs and technology,” the group said in the 41-page report. “Removal from nationally directed versions of Google’s search services within the EU is the appropriate means to implement the ruling at this stage.”

A ruling by the EU Court of Justice last year created a right to be forgotten, allowing people to seek the deletion of links on search engines if the information was outdated or irrelevant. The ruling created a furor, with Mountain View, California-based Google appointing the panel to advise it on implementing the law.

The geographic scope of an EU court ruling that forced the company last year to remove some search links on request was a “difficult question that arose throughout” the panel’s meetings, the group said.

Today’s report puts the group at odds with the 28-nation EU’s data-protection regulators who last year urged the company to allow people to seek the deletion of links to some personal data on the company’s main U.S. website.

Sabine Leutheusser-Schnarrenberger, a former German justice minister and one of the panel’s member, said that she opposed the majority view of the group on the geographical scope of the EU court ruling.

EU Domains

Removal requests “must not be limited to EU domains,” she said in the report. “The Internet is global, the protection of the user’s rights must also be global. Any circumvention of these rights must be prevented.”

The Google advisory group last year visited seven European cities, from Rome to Berlin, listening to academics and public officials.

“It’s been valuable to hear a wide range of viewpoints in recent months across Europe and we’ll carefully consider this report,” David Drummond, Google’s top lawyer, said in an e-mailed statement. “We’re also looking closely at the guidance given by Europe’s data protection authorities as we continue to work on our compliance with” the EU court ruling.

The company has received 212,109 requests to remove 767,804 links from its website to date, according to its website.

Initial Split

The deletion of links beyond the 28-nation EU was one of two issues that created an initial split between Google and data-protection regulators. Regulators have complained that information blocked on EU websites shouldn’t be easily accessible by visiting Google in other countries by changing a few characters on the browser address line.

The company’s policy of notifying the media about deleted links to stories on their websites also sparked the ire of regulators. The report recommended that search engines “should notify the publishers to the extent allowed by law.”

“In complex cases, it may be appropriate for the search engine to notify the webmaster prior to reaching an actual delisting decision,” the panel said. “If feasible, it would have the effect of providing the search engine additional context about the information at issue and improve accuracy of delisting determinations.”

Shhh… The BBC "Forgotten" List (& Forgotten Company Directors?)

The BBC plans to publish a regularly updated list of articles removed from the search engine Google following the controversial “right to be forgotten rule”.

Google has so far received some 153,000 requests which have involved about half a million different link and 40 percent of these links have been removed. However, according to associate professor David Glance, director of the Center for Software Practice at the University of Western Australia:

… there is a great deal of concern about the sorts of things that are being removed. So, for example, information about former company directors have been removed. So various people are now asking for that type of information to be restored because it’s part of the public record and important information when you are considering the effectiveness or the background of a company or the directors.”

Europe’s Ruling on Google: Much Ado About Nothing

Forget-me-not

“More than once, I’ve wished my real life had a delete key.” – Harlan Coben, American novelist.

If that sounds familiar, it has now become a reality but with reasons for concern – it has been two months since the controversial European “right to be forgotten” ruling. The irony is that nothing has actually changed fundamentally despite all the subsequent hoo-hah.

Let’s not forget the internet was originally designed to exchange raw data between researchers and scientists. Any attempt to manually and selectively remove the contents, successful or otherwise, is like playing God – much worse when Google decides what to delete.

I have listed an example to illustrate the lessons to be learned and price to be paid – of a somewhat similar attempt and the implications on the society at large.

You can find the entire column here.

Post-Snowden, the US Reaps a Security Whirlwind

From China with Love

It’s the one year anniversary of what is now known as the Snowden revelations, which appeared on June 5 and June 9 when The Guardian broke news of classified National Security Agency documents and Edward Snowden revealed himself in Hong Kong as the source of those leaks.

There is still much to decipher from the chronology of events in the aftermath and the sudden global awakening to the end of privacy. Among the impacts on the personal, business and political fronts, one interesting salient feature is the hypocritical rhetorical spats between the US and China in recent weeks, which could set the undertone for US-Sino relations for years to come.

Snowden said his biggest fear is that nothing would change following his bold decision a year ago.

You can find the entire column here.