This Week In Digital Trust

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/ Credits: Music by Bensound.com

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 Credits: Music by Bensound.com

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/ Credits: Music by Bensound.com

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/ Credits: Music by Bensound.com

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 Credits: Music by Bensound.com

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 Credits: Music by Bensound.com

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 Credits: Music by Bensound.com

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 Credits: Music by Bensound.com

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 Credits: Music by Bensound.com

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