2016-09-02

‎Facebook using data from WhatsApp

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The Committee stage of the IPBill will resume next Monday 5 September.

The Committee stage of the IPBill will resume next Monday 5 September.



The House of Lords has not discussed yet the provisions on bulk powers. They will likely be a hot topic following the publication of the Anderson's report on [https://terrorismlegislationreviewer.independent.gov.uk/wp-content/uploads/2016/08/Bulk-Powers-Review-final-report.pdf review of the bulk powers] last week. The only concrete recommendation Anderson made in the report was to create a new Technical Advisory Panel of independent security cleared experts to support the Investigatory Powers Commissioner.

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The House of Lords has not discussed yet the provisions on bulk powers. They will likely be a hot topic following the publication of the Anderson's report on [https://terrorismlegislationreviewer.independent.gov.uk/wp-content/uploads/2016/08/Bulk-Powers-Review-final-report.pdf review of the bulk powers] last week. The only concrete recommendation Anderson made in the report was to create a new Technical Advisory Panel of independent security
-
cleared experts to support the Investigatory Powers Commissioner.

Lord Rosser already [http://www.publications.parliament.uk/pa/bills/lbill/2016-2017/0040/17040-III(d).pdf tabled an amendment] that would do exactly that. The amendment calls for creation of the Technical Advisory Panel within six months of the passing of the IPBill.

Lord Rosser already [http://www.publications.parliament.uk/pa/bills/lbill/2016-2017/0040/17040-III(d).pdf tabled an amendment] that would do exactly that. The amendment calls for creation of the Technical Advisory Panel within six months of the passing of the IPBill.



The Panel will be appointed by and report to the Investigatory Powers Commissioner. Its main purpose is to advise the Commissioner on the impact of changing technology on investigatory powers. The amendment also accommodates Anderson's recommendation for advise on “the availability and development of techniques to use investigatory powers while minimising interference with privacy”.

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The Panel will be appointed by and report to the Investigatory Powers Commissioner. Its main purpose is to advise the Commissioner on the impact of changing technology on investigatory powers. The amendment also accommodates Anderson's recommendation for advise on “the availability and development of techniques to use investigatory powers while minimising interference with privacy”.

==Other national developments==

==Other national developments==

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The guidelines are generally [https://edri.org/net-neutrality-wins-europe/ praised by digital rights activists] for not slowing down the internet traffic. The consultation on net neutrality received an overwhelming amount of responses in support of net neutrality rules.

The guidelines are generally [https://edri.org/net-neutrality-wins-europe/ praised by digital rights activists] for not slowing down the internet traffic. The consultation on net neutrality received an overwhelming amount of responses in support of net neutrality rules.



Despite the positive atmosphere surrounding the overall outcome of the guidelines,
the
[http://arstechnica.co.uk/tech-policy/2016/08/europe-net-neutrality-guidelines-zero-rating/ zero-rating in certain circumstances has not been completely scraped off] the table. The concept of zero-rating gives users access to certain applications for free.

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Despite the positive atmosphere surrounding the overall outcome of the guidelines, [http://arstechnica.co.uk/tech-policy/2016/08/europe-net-neutrality-guidelines-zero-rating/ zero-rating in certain circumstances has not been completely scraped off] the table. The concept of zero-rating gives users access to certain applications for free.

National watchdogs will be required to assess circumstances on a case-by-case basis. However, it is prohibited to allow users to access a specific company's service for free after using up their data cap. That would mean that telecoms operators will [http://www.euractiv.com/section/digital/news/internet-activists-hail-historic-eu-net-neutrality-rules/ not be allowed to slow down the traffic for commercial gain], merely to improve the quality of their service.

National watchdogs will be required to assess circumstances on a case-by-case basis. However, it is prohibited to allow users to access a specific company's service for free after using up their data cap. That would mean that telecoms operators will [http://www.euractiv.com/section/digital/news/internet-activists-hail-historic-eu-net-neutrality-rules/ not be allowed to slow down the traffic for commercial gain], merely to improve the quality of their service.



The guidelines also partly cover ad-blocking.
The network
-level
of
ad-blocking might be allowed if ads are causing unreasonable congestion. The BEREC guidelines do not
include
ad-blocking on the user level.

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The guidelines also partly cover ad-blocking.
Network
-level ad-blocking might be allowed if ads are causing unreasonable congestion. The BEREC guidelines do not
cover
ad-blocking on the user level.



[https://torrentfreak.com/europes-net-neutrality-doesnt-ban-bittorrent-and-vpn-throttling-160830/ Torrentfreak has reported] that even though telecoms are not allowed to slow down traffic in favour of some services, they can slow it down at expense of BitTorrent transfers. It would be possible for ISPs to throttle Bit Torrent traffic if that would improve the overall transmission quality.

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[https://torrentfreak.com/europes-net-neutrality-doesnt-ban-bittorrent-and-vpn-throttling-160830/ Torrentfreak has reported] that even though telecoms are not allowed to slow down traffic in favour of some services, they can slow it down at expense of BitTorrent transfers. It would be possible for ISPs to throttle Bit Torrent traffic if that would improve the overall transmission quality.

==International developments==

==International developments==

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Upon Facebook acquiring WhatsApp, [https://blog.whatsapp.com/529/Setting-the-record-straight WhatsApp made a commitmen]t to its users and privacy authorities not to disclose user data to Facebook.

Upon Facebook acquiring WhatsApp, [https://blog.whatsapp.com/529/Setting-the-record-straight WhatsApp made a commitmen]t to its users and privacy authorities not to disclose user data to Facebook.



<blockquote> “Above all else, I want to make sure you understand how deeply I value the principle of private communication. […] Respect for your privacy is coded into our DNA, and we built WhatsApp around the goal of knowing as little about you as possible: […] If partnering with Facebook meant that we had to change our values, we wouldn’t have done it.” </blockquote>

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<blockquote>“Above all else, I want to make sure you understand how deeply I value the principle of private communication. […] Respect for your privacy is coded into our DNA, and we built WhatsApp around the goal of knowing as little about you as possible: […] If partnering with Facebook meant that we had to change our values, we wouldn’t have done it.”</blockquote>

Users recently received a notification of WhatsApp's updated terms of service. They still have 30 days to [http://motherboard.vice.com/read/whatsapp-facebook-phone-number-how-to opt-out of sharing their data with Facebook].

Users recently received a notification of WhatsApp's updated terms of service. They still have 30 days to [http://motherboard.vice.com/read/whatsapp-facebook-phone-number-how-to opt-out of sharing their data with Facebook].



The [[Information Commissioner's Office]] said they would [https://www.theguardian.com/technology/2016/aug/26/whatsapp-regulator-privacy-monitor-data-sharing-facebook monitor how WhatsApp shares their data] with Facebook. They do not have the power to compel organisations to seek approval from the ICO before changing
thirs
approaches, but they need to remain within data protection laws.

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The [[Information Commissioner's Office]] said they would [https://www.theguardian.com/technology/2016/aug/26/whatsapp-regulator-privacy-monitor-data-sharing-facebook monitor how WhatsApp shares their data] with Facebook. They do not have the power to compel organisations to seek approval from the ICO before changing
their
approaches, but they need to remain within data protection laws.

===Australian whistleblowers at risk===

===Australian whistleblowers at risk===



The Australian
new
[http://www.sydneycriminallawyers.com.au/blog/nothing-to-hide-but-everything-to-fear-part-1-of-our-special-series-on-the-new-metadata-laws/ law on data retention] will allow police and other investigative bodies to seek access to phone records, emails and browser histories of journalists to uncover their sources responsible for leaking confidential information.

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The
new
Australian [http://www.sydneycriminallawyers.com.au/blog/nothing-to-hide-but-everything-to-fear-part-1-of-our-special-series-on-the-new-metadata-laws/ law on data retention] will allow police and other investigative bodies to seek access to phone records, emails and browser histories of journalists to uncover their sources responsible for leaking confidential information.



The new provisions raise serious [http://www.sydneycriminallawyers.com.au/blog/police-using-journalists-metadata-to-hunt-down-whistleblowers/ concerns over the ability of journalists to to hold policy makers to account]. To prevent such conduct, new [https://theconversation.com/data-retention-plan-amended-for-journalists-but-is-it-enough-38896 Journalist Information Warrant scheme] was introduced. However, the scheme is flawed. Over 20 agencies have access to the scheme and journalists are not allowed to challenge the warrants.

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The new provisions raise serious [http://www.sydneycriminallawyers.com.au/blog/police-using-journalists-metadata-to-hunt-down-whistleblowers/ concerns over the ability of journalists to to hold policy makers to account]. To prevent such conduct,
a
new [https://theconversation.com/data-retention-plan-amended-for-journalists-but-is-it-enough-38896 Journalist Information Warrant scheme] was introduced. However, the scheme is flawed. Over 20 agencies have access to the scheme and journalists are not allowed to challenge the warrants.



Under these circumstances, journalists would end up waiting for their sources to be prosecuted before finding out if their data was accessed.

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Under these circumstances, journalists would end up waiting for their sources to be prosecuted before finding out if their data was accessed.

==ORG media coverage==

==ORG media coverage==

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