Apple makes new intervention in encryption row

Apple makes new intervention in encryption row - Independent.ie: "“The bill would attempt to force non-UK companies to take actions that violate the laws of their home countries,” said Apple’s submission.

 “This would immobilise substantial portions of the tech sector and spark serious international conflicts. It would also likely be the catalyst for other countries to enact similar laws, paralysing multinational corporations under the weight of what could be dozens or hundreds of contradictory country-specific laws.”

 “Those businesses affected will have to cope with a set of overlapping foreign and domestic laws. When these laws inevitably conflict, the businesses will be left having to arbitrate between them, knowing that in doing so they might risk sanctions. That is an unreasonable position to be placed in.”

 And Apple says that its own incorporation in Ireland means that the UK is trying to legislate for companies outside its jurisdiction.

“If the UK asserts jurisdiction over Irish or American businesses, other states will too,” the company said in its submission. “We know that the IP bill process is being watched closely by other countries.”" 'via Blog this'

The future of the IGF: mandate renewal?

The future of the IGF: mandate renewal? | LSE Media Policy Project: "To date, Dynamic Coalitions and Best Practice Fora have been the only components of the IGF structure allowing for the production of “tangible outputs”, although there are no formal impediments to the experimentation of new forms of multistakeholder cooperation.

The organisation of IGF main sessions in a more outcome-oriented fashion may be considerably more productive than keeping the current super-workshop format that allows, at best, repetition of the same kind of discussions enabled by regular workshops and, at worst, sterile collections of micro-statements.

 The IGF process is on the right path to becoming more output oriented, and the João Pessoa meeting has clearly proven that the IGF can go further than mere debate. This year, the IGF has finally provided participants with the possibility not only to debate but also to table concrete suggestions. This is why the IGF 2015 has truly been the best IGF ever." 'via Blog this'

Ministers Reflect on Management Appraisals: Damian Green

Ministers Reflect | Damian Green: "The real revolution for politicians if you like would be to say ‘We’re now going to treat you like a sort of manager in a company, and we’re to have development programmes and you’re going to have training and you’re going to be assessed regularly and in an objective way and your future progress will depend on that.’

And you get to that stage and everyone says ‘Oh, it’s impossible because in the end, Prime Ministers will want more women or more northerners or they’ll just dislike people and want to get rid of them.’ Well, a strong-minded Prime Minister will say, ‘No, actually what I want is to run an effective government, and I’m going to do it that way.’

 So that will be one way to incentivise the ministers, and the other thing is all about knowledge, that all politicians should know how Whitehall works and Whitehall should know how Parliament works and why Parliament is important. And both sides of that equation seem to be me to be surprisingly deficient." 'via Blog this'

Ofcom to end VOD co-regulation on 1 Jan 2016

Ofcom to end VOD co-regulation: "“We are immensely proud of the work ATVOD has done since it was given the job of overseeing a brand new set of regulatory rules for video on demand services in 2010,” said ATVOD Chair Ruth Evans and ATVOD Chief Executive Pete Johnson in a joint statement. “We have done this as a co-regulator dedicated to engaging fully with the industry we regulate in order to ensure that consumers enjoy the protections to which they are entitled without the imposition of unnecessary burdens on providers of video on demand services. Under our regulation, the UK video on demand industry has grown strongly and consumer complaints have been dealt with effectively and efficiently.”

 ATVOD says it will now work with Ofcom to ensure a seamless transition.

Ofcom already has concurrent responsibility to act in addition to, or in place of, ATVOD.

From 1 January 2016, Ofcom will take sole responsibility for regulating video-on-demand programme services. " 'via Blog this'

European Parliament: Data throttling and the effects on social participation and the internal market E-006146/2013

Written question - Data throttling and the effects on social participation and the internal market - E-006146/2013: "

Deutsche Telekom has announced plans to change its tariffs and impose severe ‘throttling’ when a certain data usage is reached. At the cheapest rate, this throttle is to apply to usage from 75GB. This will take effect in 2016. Besides the issue of the announced breach of net neutrality that needs to be considered separately, the throttling itself has already led to a great deal of anger among citizens that was reflected, for example, in a petition on the change.org(1) platform, which has so far been signed by nearly 200 000 people(2). 1. Does the Commission have any figures on the current and future forecasted average usage by broadband users in Member States? If so, what are they? 2. Does the Commission consider the most unrestricted Internet access possible, especially for socially disadvantaged people, a condition for participating in society as fully as possible? If so, would, in the Commission’s opinion, such social participation not be affected by the enforcement of such tariff models and the additional costs arising from the volume limit being exceeded? 3. Does the Commission take the view or, rather, does the Commission have any reliable figures on the macroeconomic effect that would occur if such throttling models were to gain acceptance across Europe? If yes, what are they?

4. How, in the Commission’s opinion, would this affect young European companies operating in the cloud services market? 5. According to newspaper reports, the Commission intends to put forward, as early as this year, a legal recommendation designed to protect unlimited access to all Internet content for consumers. When will that recommendation be published? 6. What measures is the Commission planning in order to ensure access to the open Internet for all citizens and to enshrine net neutrality in law"

Excellent set of questions - note that Deutsche Telekom has increased its throttled-back proposals from 384Kb/s to 2Mb/s - and Jimmy Schulz announced to EuroDIG that he intends to work on a net neutrality law in Germany in the next few weeks...'via Blog this'

Sources: no Digital Economy Act copyright warning until 2016/17?

SRoC: Slightly Right of Centre: Sources: no Digital Economy Act copyright warning ...: It's been a while since I wrote anything on the Digital Economy Act. As a quick recap, although the primary legislation to notify and ..." it's unravelling like a coalition agreement on tax evasion

Case study in data protection disaster: EOn passes customers' mobile numbers to complained-off subcontractor without permission

An email sent to EOn today:

"Dear sirs

Have you entirely lost your minds? You passed my MOBILE NUMBER to your subcontractor G4S without my permission? Have you ever heard of data protection and consent? Unbelievable.

In response to your impertinent email asking me to set up a DD, please advise Ali Omar that he needs training in how to adopt a professional email manner. 

"Hi Chris and thanks for your email.

I'm sorry for any inconvenience caused by the 07.45 meter reader's knock on your door.

Your meter was supposed to be read between 26/04/2013 and 13/05/2013, but the meter readers are meant to work between 8am and 8pm. I've forwarded your query to the relevant department and they advised me they'll address this issue with the meter readers to make sure they understand and won't repeat that again. I trust this answers your query.

In the meantime, I wonder if you thought about setting up a monthly Direct Debit (DD) on your account. We prefer and recommend this payment method as it gives you a great deal of control of your finances, as well as we offer a healthy discount for customers paying by DD. You can find out more about our Direct Debit policy by visiting www.eonenergy.com/directdebit. May I wish you a great and a profitable afternoon!

Kind regards,

Ali Omar

Customer Service"

Note that this is the same G4S meter reader which I had flagged up as a potential burglar due to the dawn call. Which planet does this multinational company and its idiot customer service rep actually live on? Their reply email below was breath-takingly ignorant.

Food and drink firms undermining public health policy, say scientists

Food and drink firms undermining public health policy, say scientists | Society | guardian.co.uk: "Moodie and colleagues say that the food and drink industries should be treated like the tobacco industry - as companies with too much of a vested interest in the sale of unhealthy products to help curb the epidemic of disease. They must have no role in the formulation of national or international policy, they say. "Regulation, or the threat of regulation, is the only way to change these transnational corporations. The industry must be put under pressure if it is to change." 'via Blog this'

Victory for the Mail! Kind of opt-in filtering for parents who want it

Victory for the Mail! Children WILL be protected from online porn after Cameron orders sites to be blocked automatically | Mail Online: "this is a kind of “default on” for houses with children; it’s just that it adds much more control for parents about exactly what is restricted,’ the Prime Minister writes. Mrs Perry, MP for Devizes and a Parliamentary aide at the Ministry of Defence, said she welcomed the Prime Minister’s plans.
‘Clearly, like many others I thought an opt-in was the simplest and best way to do it,’ she said. ‘But you have to listen when you do consultations. It is clear people think that more needs to be done, but there isn’t a majority in favour of an automatic block. If you have proper age verification systems, then I think this new system will put us a long way ahead of the rest of the world.
‘As near as damn it, we have got what we want and most campaigners are quite happy. The industry has, with a few notable exceptions, been quite slow but there is now good momentum. It will be my job to make sure it all gets implemented.’"
The Mail hasn't won this big since....well let's not mention the war. 'via Blog this'

Regulating Code: Court Approves Google's Privacy Settlement

Regulating Code: Court Approves Google's Privacy Settlement: RegBlog : "A federal court recently approved the $22.5 million settlement reached three months ago between Google and the Federal Trade Comm...

Ofcom study reveals 16% of UK internet users guilty of infringement would change after letter

Online copyright infringement: Ofcom study reveals one in six UK internet users guilty of infringement: "Fewer than one in four UK internet users that engaged in copyright infringing activity during a three month period earlier this year said they would be put off from repeating the offence if they knew they would receive a letter to tell them that their internet access was to be suspended as a result of the behaviour, according to a new study commissioned by Ofcom." 'via Blog this'

Australian coalition eyes co-regulatory content kill-switch on social networks

Coalition eyes content kill-switch on social networks - iTnews.com.au: "The federal opposition is canvassing a co-regulatory proposal to force social media networks to remove content deemed "likely to cause harm to an Australian child".
The coalition today released a discussion paper on issues of child safety on the internet, brought about by consultations through its Online Safety Working Group formed earlier this year. One of its key suggestions is to set up a "Children's e-Safety Commissioner" or similar body to coordinate "a national response to online safety". Among other responsibilities, the commissioner could be responsible for administering a "co-operative regulatory scheme that applies to large online social media outlets operating in Australia"." 'via Blog this'

Correspondence between BIS, Professor Garratt and Nominet officials 2008-9 -FoI request

Correspondence between BIS, Professor Garratt and Nominet officials 2008-9 - a Freedom of Information request to Department for Business, Innovation and Skills - WhatDoTheyKnow: "From: FOI Requests: Department for Business, Innovation and Skills
20 September 2012 BIS ref: IR/12/1248
Dear Professor Chris Marsden,
Thank you for your request for an internal review which was received on 20 September 2012. Your request has been passed on to the appropriate official at the Department for Business, Innovation and Skills to deal with.
Kind regards, Information Rights Unit" 'via Blog this'

Nominet chair apologises for trying to mislead members

Nominet chair rebuts “skewed and inaccurate” whistleblower claims | DomainIncite - Domain Name News & Opinion: "UK government officials and Nominet executives had been communicating via private email accounts, apparently in order to avoid Freedom of Information Act requirements. One Nominet email from 2008 provided to DI signed off with “It feels wonderful to work free from fear of FOI !!”
It is for this email that Fritchie appears to be apologizing. She wrote:
We would however like to apologise for the embarrassment caused to members by an inappropriate suggestion, made in an email from a Nominet employee, that information could or should be deleted by officials to avoid an anticipated Freedom of Information request." 'via Blog this'

Ofcom attack on James Murdoch throws Sky future into doubt

Ofcom attack on James Murdoch throws his future into doubt - Telegraph: "News Corp and BSkyB appeared unmoved by the criticism. Sources at the pay-TV broadcaster said the board continued to give Mr Murdoch its full backing. “The director were very clear continue to believe strongly in his integrity and confidence. What they said back in April still stands,” a source said.
News Corp defended Mr Murdoch’s “distinguished record”, arguing that Ofcom’s criticisms were “not at all substantiated” by evidence.
Ofcom’s verdict that BSkyB is “fit and proper” to hold a broadcasting licence could help clear the way for News Corp to make another attempt to by the 61pc of the satellite broadcaster that it does not already own."
'via Blog this'

Correspondence between BIS, Professor Garratt and Nominet officials 2008-9 - a Freedom of Information request to Department for Business, Innovation and Skills - WhatDoTheyKnow

Correspondence between BIS, Professor Garratt and Nominet officials 2008-9 - a Freedom of Information request to Department for Business, Innovation and Skills - WhatDoTheyKnow:
"I am writing to request an internal review of Department for Business, Innovation and Skills's handling of my FOI request 'Correspondence between BIS, Professor Garratt and Nominet
officials 2008-9'.
Note that a good deal of correspondence was omitted from the FoI reply, but is already public domain since 11 September - can there be any justification in refusing to release such information?
See Rosenbaum, M. (2012) http://www.bbc.co.uk/news/uk-politics-19...
I also note that the Information Commissioner has made plain that civil servants cannot exclude relevant communications from FoI requests by use of private emails, a point which I made in my
initial request: ICO (2011) http://www.ico.gov.uk/news/latest_news/2...
Furthermore, under the Digital Economy Act 2010 ss.19-21, Nominet has clearly become a co-regulatory body performing public functions, is judicially reviewable and therefore its correspondence with government (at the very least) should also be subject to FoI requests." 'via Blog this'

Correspondence between BIS, Professor Garratt and Nominet officials 2008-9

Correspondence between BIS, Professor Garratt and Nominet officials 2008-9 - a Freedom of Information request to Department for Business, Innovation and Skills - WhatDoTheyKnow:
"Dear Professor Marsden,
Thank you for your email of 22 July 2012 where you requested correspondence (including from officials on official business that was sent via private email addresses) regarding the instigation and conduct of the Garratt Review into the governance of Nominet between 1 January 2008 and 31 December 2009. You also requested all emails relating to “Plan G” and correspondence of Nominet executives (we have interpreted the latter as being related to your main request about the Garratt Review). As you are probably aware, policy responsibility for this area was passed to the Department for Culture, Media and Sport in January 2011.
The information you requested is attached. "
'via Blog this'

FOI, fear and personal emails for public business

BBC News - FOI, fear and personal emails for public business: ""It feels wonderful to work free from fear of FOI!!" This expression of relief came in an email from a civil servant at the business department discussing government matters - but sent from his personal email account to colleagues at their private email addresses.
I have just been provided with a copy of this email and others about internet policy sent through personal accounts. Although written back in October 2008, the issue they illustrate - of the relationship between FOI, official business and private email accounts - is still very much a continuing one."
'via Blog this'

TeleFrieden: febrile frothing in Washington DC election season

TeleFrieden: How the FCC’s 8th Broadband Report Became a Referendum on the Marketplace: "[Previously] FCC Commissioners of both parties gladly supported extraordinary and admittedly too generous and inefficient universal service programs.  These initiatives included “rate integration” that required carriers to average in the higher costs of providing telephone service in non-continental United States locales, e.g., Alaska, Hawaii, Puerto Rico and the Virgin Islands.  No one balked at providing “free” satellite earth stations to Pacific island residents whose governments have an affiliation with the United States, e.g., The Federated States of Micronesia.  Nobody invoked Ann Rand to suggest that rural residents should suffer any cost disadvantage for the various upside opportunities from living in the hinterland.
Now a Report to Congress somehow has all sorts of underlying messages.  By truthfully answering a question posed by Congress that more work needs to be done to achieve ubiquitous and affordable broadband, the FCC apparently is foreshadowing a broad agenda to pre-empt the marketplace."'via Blog this'

Dephormation - Interesting (partial) disclosure by government on PHORM legal case

Dephormation - Home Office FoI Documentation and Correspondence: "They don't account for the missing items of correspondence, such as the 7 December 2007 email referenced in the first correspondence file  and the additional information in the second disclosure concerning contact with 121Media in 2006 and early 2007, all of which was excluded without explanation at the time of the response to the FoI. One surprising comment, I'm told in the document that disclosing information would mean a disclosure to a 'genuinely interested and concerned applicant automatically opens it up for disclosure to anyone, including those who might represent a threat to the UK'. Bearing in mind Phorm is supposedly an advertising system, its hard to see how disclosing information about the relationship between the Home Office and Phorm might pose a threat to the UK."
'via Blog this'