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

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.auMusic by Bensound.com

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

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.auMusic by Bensound.com

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/

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.auMusic by Bensound.com

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=submitted&order=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

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.auMusic by Bensound.com

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

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