Privacy

An Extortionists Fire Sale of TikTok to a US Company Would Be Un-American and Futile

In the latest twist of the US-China spat, President Trump has his sights on TikTok, the short-form video-sharing platform and ByteDance subsidiary. On July 31, President Trump threatened to ban TikTok because it was a threat to US national security. On August 6, he made good on his threat when he signed an Executive Order to that effect. President Trump tightened the screws with an August 14 Executive Order requiring ByteDance to divest its assets in the US and destroy any TikTok data on its US users within 90 days. more

Supreme Court Declines to Hear Wikimedia Foundation’s Challenge to NSA Surveillance

The U.S. Supreme Court on Tuesday declined to hear the Wikimedia Foundation's appeal of a lower court's decision to dismiss their lawsuit against the National Security Agency (NSA).  more

European Union Wants to Fix the GDPR

The General Data Protection Regulation (GDPR) was adopted in 2016 and has since become the global standard for privacy regulation. The GDPR has been a watershed moment in tech regulation, requiring companies to ask for consent to collect data online and threatening hefty fines if they don't comply. more

U.N. Cybercrime Convention Enters Critical Stage

Negotiations for a U.N. cybercrime convention have reached a critical stage at the fourth round of discussions in Vienna. Delegates from over 150 states have met for over 100 hours to discuss the proposed convention, which has been met with skepticism from some states, nongovernmental organizations, and other stakeholders more

Going Dark: How the Increasingly Dark Network Is Creating Some Pretty Ugly Choices for Site Security Administrators

I'd like to reflect on a presentation by Dr. Paul Vixie at the October 2022 meeting of the North American Network Operators Group (NANOG) on the topic of the shift to pervasive encryption of application transactions on the Internet today. There is a view out there that any useful public communications medium needs to safeguard the privacy and integrity of the communications that it carries.  more

The Modern Encryption Debate: What’s at Stake?

The debate around encryption has become a hot topic in a world where communications are increasingly becoming digital. The modern encryption debate is a complex and nuanced issue, with many players from different backgrounds trying to influence the conversation. The question of balancing the need for national security with the right to privacy has been a matter of public debate for years. Only recently has the issue been framed in terms of encryption, but the discussion is certainly not new. more

Cyberhygiene Requires Critical Thinking

At his farewell speech in August outgoing, Telstra CEO Andy Penn mentioned that the cyber threat has never been as serious as the present. He mentioned the deteriorating geopolitical situation and the big shift in how criminals operate in the cyber domain. One thing is for sure is that in order to enjoy all the positives resulting from the digital economy, we need to be far more vigilant about the barrage of information that we are receiving and/or have access to. more

WHOIS Disclosure Questions

In 2020, the ICANN Generic Name Supporting Organization (GNSO) Council approved a plan to revamp the WHOIS system as per the recommendations given by the ICANN Expedited Policy Development Process (EPDP). This plan directed ICANN to develop a centralized System for Standardized Access/Disclosure (SSAD) for WHOIS records. After much debate regarding the suitability and cost of such a system, ICANN brought together a group... more

CENTR Publishes Comment on the European Commission’s DNS Abuse Study

CENTR, which represents European national top-level domain name registries (ccTLDs) such as .si or .eu, has published its comments on the European Commission's DNS abuse study, calling out some of the "misleading analysis and unfortunate conclusions in the study." more

What Is Privacy?

Ask ten people what privacy is, and you'll likely get twelve different answers. The reason for the disparity is that your feelings about privacy depend on context and your experience. Privacy is not a purely technical issue but a human one. Long before computers existed, people cared about and debated privacy. Future U.S. Supreme Court Justice Louis Brandeis defined it as "the right to be left alone" in 1890. Before the Web became a ubiquitous phenomenon, people primarily thought of privacy in terms of government intrusion. more

Dissecting the 2022 UK Cyber Security Strategy: The ‘Whole of Society’ Approach

The UK government launched its 2022 Cyber Security Strategy on 15 December 2021, outlining its ambitious plans to improve the resilience of UK institutions and businesses while protecting the country's interests in cyberspace. The strategy signals a more involved approach by the government, which previously relied heavily on the private sector for leadership. The government's stated commitment to a 'whole of society' approach sounds really good on paper, but what exactly does it really mean? more

We Must Keep Track of How Countries Will Confront Cybercrime in a New UN Convention

As a designated committee of experts prepares to draft a new treaty to combat the use of information and communications technologies in cybercrime at the UN in January 2022, it is paramount that other stakeholders oversee these discussions to avoid violating human rights on the Internet. This initiative was kickstarted by a 2019 resolution led by Russia and endorsed by other countries considered by many to behavior controversially on cybersecurity matters, such as China, Venezuela, Cambodia, North Korea, and others. more

Why Is the Client-Side Scanning a Concern for Encryption?

As today is the Global Encryption Day, I decided to make my first post here on this topic. About two months ago, Apple caused a controversy by announcing the adoption of a measure to combat the spread of Child Sexual Abuse Materials (CSAM). The controversy was so huge that, a month after its announcement, Apple decided to postpone its plans for the new features to have more time to gather information from the various stakeholders and implement improvements before releasing the measures originally announced. more

Where Did “Data Shadow” Come From?

Anyone who works in privacy is familiar with the term "data shadow": the digital record created by our transactions, our travels, our online activities. But where did the phrase come from? Who used it first? A number of authors have attributed it to Alan Westin, whose seminal book Privacy and Freedom (largely a report on the work of the Committee on Science and Law of the Association of the Bar of the City of New York) set the stage for most modern discussions of privacy.  more

Privacy, Legal vs. Natural Persons, and the Never-Ending ICANN EPDP

It has been just over 3 years since the General Data Protection Regulation (GDPR) came into effect, and the work within ICANN (type "EPDP 2a" into your acronym decoder ring) to develop a permanent Registration Data policy is progressing at a snail's pace. At issue is a proposed mandatory requirement for Contracted Parties (really just Registrars), to differentiate between "legal persons" (a fancy way of saying corporations and similar organizations) and "natural persons" (the kind that eat and breathe and schedule Zoom calls). more