This Week In Digital Trust

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

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

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.auMusic by Bensound.com

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 (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

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

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

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-marketsArticle summarising the DOJ's suit (The Verge) https://www.theverge.com/24107581/doj-v-apple-antitrust-monoply-news-updatesArticle about the security benefits of Apple's approach (The Verge) https://www.theverge.com/2024/4/2/24107719/iphone-security-apple-doj-monopoly-antitrust-lawsuitArticle 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-appleStrategy 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.auMusic by Bensound.com

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.au Music by Bensound.com

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.au Music by Bensound.com

** 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