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The sooner the government changes tack on the #psc, the better for Ireland’s international reputation

22 September, 201922 September, 2019

On Tuesday of this week, belatedly and with very bad grace, the Department of Employment Affairs and Social Protection published the Report of the Data Protection Commission on the Public Services Card. For reasons beyond understanding, the Government has gone to war with the Commission on this issue.

In my view, the Government’s unjustified defiance of the Data Protection Commission imperils Ireland’s tech reputation; and I argue in today’s Sunday Business Post (sub req’d) that this unseemly standoff must be resolved as quickly as possible, before irreversible damage is done to our international standing as a good location in which international tech companies can establish their European headquarters:

Dealing from bottom of the deck on the Public Services Card

The government is clinging to its legal advice on the PSC data fiasco. It needs to admit it was wrong and change course immediately

… The DPC’s report is very clear; its fundamental conclusions will undoubtedly survive legal challenge; and the government will eventually be as surely taken to task in the courts in Dublin and Luxembourg as it has been his week in the court of public opinion.

… A government in such open conflict with the DPC can have no credibility in seeking to ensure that such companies comply with the Commission’s decisions.

…

The legal basis of the US$170m fine on Google for YouTube’s infringement of children’s privacy

10 September, 2019

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| GDPR, Privacy

FTC NYAG Google YouTube logos

At the end of last week, the media was full of stories that Google had been “Fined $170 Million for Violating Children’s Privacy on YouTube” (that’s a headline from the New York Times; see also, for example, NPR | BBC | RTÉ | Silicon Republic). In this post, I want to sketch the legal background to, and consequences of, this fine; and, at the end, I will say a few words about the equivalent position in Europe.

In the US, the Children’s Online Privacy Protection Act of 1998 (15 USC §§ 6501–6506; hereafter: COPPA), and the Children’s Online Privacy Protection Rule (16 CFR § 312; hereafter: the COPPA Rule) made under it, regulate unfair and deceptive acts and practices in connection with the collection and use of personal information from and about children on the internet. In particular, 15 USC §§ 6502(b)(A) COPPA, and 16 CFR § 312.3 COPPA Rule, require the operator of any website or online service directed to children that collects personal information from children, or the operator of a website or online service that has actual knowledge that it is collecting personal information from a child,

(i) to provide notice on the website of what information is collected from children by the operator, how the operator uses such information, and the operator’s disclosure practices for such information; and
(ii) to obtain verifiable parental consent for the collection, use, or disclosure of personal information from children; …

Giving further effect to the second paragraph here, 16 CFR § 312.5(b)(1) COPPA Rule provides

An operator must make reasonable efforts to obtain verifiable parental consent, taking into consideration available technology.

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The legal effects of some butterfly-effect typos; including mistaken offers, and restitution of mistaken payments

21 August, 201910 September, 2019

| 2 Comments

| Contract, Mistaken offers, Mistaken payments, Restitution

The Book of Kells is one of the great treasures in the Old Library in Trinity College Dublin. It is a manuscript of the Four Gospels in Latin based on the Vulgate of St Jerome. It was written and illuminated in the ninth century, probably in part in a monastery on the island of Iona in Scotland, and in part in a monastery in Kells, Co Meath, Ireland. Though a great medieval treasure, it contains some typographical errors. For example, the Gospel of Luke has an extra ancestor in the genealogy of Jesus (Luke 3:26; pictured left). It seems that the scribe read “qui fuit mathathiae” as “qui fuit mathath | iae” and thus wrote “qui fuit mathath” (the first line in the picture on the left) and “qui fuit iae” (the second line in the picture). Even Homer nods.

I was reminded of this when I recently read an article by Tom Lamont about the effects of electronic typos: an SMS misdirected to a wrong mobile phone number (leading to a marriage!); a satnav directed to Rom (in Germany) rather than Rome (in Italy); a jet from Sydney directed to 15 degrees 19.8 minutes east (and landing in Melbourne) rather than 151 degrees 9.8 minutes east) (bound for Kuala Lumpur).…

Klee/Seymour; or, The digital dysaguria of The Twittering Machine

19 August, 201923 August, 2019

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| Dysaguria

Veteran Irish journalist Vincent Browne presented the late-night political talk show Tonight with Vincent Browne on what was then TV3 from 2007 to 2017 (the programme is now The Tonight Show hosted by Ivan Yates and Matt Cooper on Virgin Media One). His famously waspish and curmudgeonly demeanour permitted him to adopt a technophobic persona, dismissing the considerable (almost cult) online following as “the twitter machine” (the twitter hashtag was #vinb; from small beginnings, it grew to become a vital part of the show; and nostalgia still drives some traffic).

Those halcyon days of Irish political twitter came back to me reading a review of Richard Seymour’s The Twittering Machine (Indigo Press, 2019) by Peter Conrad in The Observer the weekend before last. Here are some extracts, which give a sense of the review and a flavour of the book, as well as an explanation both of the book’s title and of the Klee painting (above left):

The Twittering Machine by Richard Seymour review – our descent into a digital dystopia

A stark polemic argues that social media may have unleashed an age of nihilism from which there is little hope of escape

Technology, as Richard Seymour says, always boasts of possessing superhuman powers, which is why it arouses our wary paranoia.

…

The Great Hack and the dysaguria of Cambridge Analytica

24 July, 201919 August, 2019

| 3 Comments

| Digital Rights, Dysaguria, Media and Communications, Privacy

The Great Hack has just dropped on Netflix (IMDB | Rotten Tomatoes | wikipedia | poster left). It is a documentary that explores “how a data company named Cambridge Analytica came to symbolize the dark side of social media in the wake of the 2016 US presidential election”. Much has already been written about the Cambridge Analytica scandal (eg ICO here and here (pdfs) | Carole Cadwalladr in The Guardian), and a great deal more will be written as the movie is reviewed in the coming days. I don’t propose to add to those torrents here. Rather, I simply want to observe that there is a word for a company that symbolizes the dark side of social media.

Reacting to Thomas More’s coinage of “utopia” as the “perfect state”, from the Greek “eu” meaning “good”, and “topos” meaning “place”, John Stuart Mill coined “dystopia” as the “frightening state”, from the Greek “dys” meaning “bad”, and (again) “topos” meaning “place”. But, whilst “dystopia” is perfect to describe a “frightening state” and its frightened society, it is not particularly apt to describe a “frightening company” and its frightened society. Indeed, we don’t really have the words for when a corporate society goes bad; “dystopia” and “dystopian” have been pressed into service (even in the context of reviewing The Great Hack: “Watching this film, you literally start to wonder if history has been warped towards a sickening dystopia”); but the warped society in that movie is very different to the warped society in classic dystopian fiction (such as, to take the obvious example, Orwell’s 1984).…

Denis O’Brien’s case against the Sunday Business Post should never have reached the High Court – updated

3 March, 201915 March, 2019

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| Defamation

In today’s Sunday Business Post (as trailed on the front cover, here; element left), I have an OpEd (sub req’d) in which I argue that O’Brien’s case should never have reached the High Court, and that the Department of Justice needs to publish its review of the Defamation Act as soon as possible (you can download it below). It’s part of a bumper collection of articles on the case (spread here and here):

Emmet Oliver: A man named Sue. The eagerness with which Denis O’Brien has taken legal actions in recent years shows the urgent need for a comprehensive overhaul of Ireland’s libel laws.

Francesca Comyn: A refusal to wave the white flag. At its core, The Sunday Business Post’s victory over tycoon Denis O’Brien in the High Court was a broader win for journalism and the Irish media.

Susan O’Keeffe: Defamation ruling a victory for freedom of the press. Even when journalists are sure of their facts, they take a risk once they tangle with power, a risk worth taking because it’s important for journalism and democracy.

Eoin O’Dell: O’Brien’s case should never have reached the High Court. The Department of Justice needs to publish its review of the Defamation Act as soon as possible (you can download it below).…

Orphan works – a small corner of copyright law that will suffer after Brexit

25 February, 201926 February, 2019

| No Comments

| Copyright

From today’s Guardian:

Spare Rib digital archive faces closure in event of no-deal Brexit

EU copyright exception would no longer protect British Library scans of pioneering feminist magazine

Spare Rib, the trailblazing women’s magazine that defined generations of feminism, faces the axe from the British Library’s digital archive if there is no Brexit deal, it has emerged

The magazine ran from 1972 to 1993, and all 11,000 articles, cartoons and photographs were made digitally available in 2015 as part of the joint efforts of the British Library (BL) and the Spare Rib Collective.

The British Library’s website explains:

Spare Rib Archive – possible suspension of access

Polly Russell explains why the Spare Rib resource may be suspended in the event of a ‘no deal’ withdrawal from the EU

In 2015, as part of our commitment to making our intellectual heritage available to everyone for research, inspiration and enjoyment, the British Library digitised and made available the full run of the feminist magazine Spare Rib available via the Jisc Journals platform.

The EU orphan works directive currently allows … material [where the rights-holder cannot be identified after a diligent search] to be made available by cultural heritage institutions. Around 57% of the Spare Rib archive – some 11,000 articles and images from 2,700 contributors – benefits from this protection.

…