October 2016 - nexa - server-nexa.polito.it

Re: [nexa] Your dynamic IP address is now protected personal data under EU law

by J.C. DE MARTIN

si, grazie molte! jc On 20/10/16 16:45, A Dicorinto wrote: > Molto interessante, grazie Alberto, anche per gli altri stimoli. > > 2016-10-20 10:20 GMT+02:00 Alberto Cammozzo <ac+nexa(a)zeromx.net > <mailto:ac+nexa@zeromx.net>>: > > CJEU rules that personal IPs can't be stored, unless to thwart > cybernetic attacks or similar. > > <http://arstechnica.co.uk/tech-policy/2016/10/eu-dynamic-static-ip-personal-… > <http://arstechnica.co.uk/tech-policy/2016/10/eu-dynamic-static-ip-personal-…>> > > Europe's top court has ruled that dynamic IP addresses can constitute > "personal data," just like static IP addresses, affording them some > protection under EU law against being collected and stored by > websites. > > But the Court of Justice of the European Union (CJEU) also said in its > judgment on Wednesday that one legitimate reason for a site > operator to > store them is "to protect itself against cyberattacks." > > The case was referred to the CJEU by the German Federal Court of > Justice, after an action brought by German Pirate Party politician > Patrick Breyer. He asked the courts to grant an injunction to prevent > websites that he consults, run by federal German bodies, from > collecting > and storing his dynamic IP addresses. > > Breyer's fear is that doing so would allow the German authorities to > build up a picture of his interests, according to the Austrian > newspaper > der Standard. Site operators argue that they need to store the data in > order to prevent "cybernetic attacks and make it possible to bring > criminal proceedings" against those responsible, the CJEU said. > > It held in its ruling that dynamic IP addresses could be considered > personal data, even though they didn't refer consistently to one > person, > provided a website "has the legal means enabling it to identify the > visitor with the help of additional information which that visitor’s > Internet service provider has." Since this is generally the case in > Germany, the court said that dynamic addresses would then be personal > data—an important ruling. > [] > > > Il riferimento CJEU dovrebbe essere C-582/14 - Breyer > <http://curia.europa.eu/juris/fiche.jsf?id=C%3B582%3B14%3BRP%3B1%3BP%3B1%3BC… > <http://curia.europa.eu/juris/fiche.jsf?id=C%3B582%3B14%3BRP%3B1%3BP%3B1%3BC…>> > > ciao > Alberto > _______________________________________________ > nexa mailing list > nexa(a)server-nexa.polito.it <mailto:nexa@server-nexa.polito.it> > https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa > <https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa> > > > > > -- > > Arturo Di Corinto > www.dicorinto.it <http://www.dicorinto.it> > ---------------------------------> > > AVVERTENZE AI SENSI DEL D.Lgs. 196/2003 Le informazioni contenute in > questo messaggio di posta elettronica e/o nel/i file/s allegato/i sono > da considerarsi strettamente riservate. Il loro utilizzo è consentito > esclusivamente al destinatario del messaggio, per le finalità indicate > nel messaggio stesso. Qualora riceviate questo messaggio senza esserne > il destinatario, Vi preghiamo cortesemente di darcene notizia via > e-mail e di procedere alla distruzione del messaggio stesso, > cancellandolo dal Vostro sistema. Conservare il messaggio stesso, > divulgarlo anche in parte, distribuirlo ad altri soggetti, copiarlo, > od utilizzarlo per finalità diverse, costituisce comportamento > contrario ai principi dettati dal D.Lgs. 196/2003 > > > > _______________________________________________ > nexa mailing list > nexa(a)server-nexa.polito.it > https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa

Oct. 20, 2016

Re: [nexa] Your dynamic IP address is now protected personal data under EU law

by A Dicorinto

Molto interessante, grazie Alberto, anche per gli altri stimoli. 2016-10-20 10:20 GMT+02:00 Alberto Cammozzo <ac+nexa(a)zeromx.net>: > CJEU rules that personal IPs can't be stored, unless to thwart > cybernetic attacks or similar. > > <http://arstechnica.co.uk/tech-policy/2016/10/eu- > dynamic-static-ip-personal-data/> > > Europe's top court has ruled that dynamic IP addresses can constitute > "personal data," just like static IP addresses, affording them some > protection under EU law against being collected and stored by websites. > > But the Court of Justice of the European Union (CJEU) also said in its > judgment on Wednesday that one legitimate reason for a site operator to > store them is "to protect itself against cyberattacks." > > The case was referred to the CJEU by the German Federal Court of > Justice, after an action brought by German Pirate Party politician > Patrick Breyer. He asked the courts to grant an injunction to prevent > websites that he consults, run by federal German bodies, from collecting > and storing his dynamic IP addresses. > > Breyer's fear is that doing so would allow the German authorities to > build up a picture of his interests, according to the Austrian newspaper > der Standard. Site operators argue that they need to store the data in > order to prevent "cybernetic attacks and make it possible to bring > criminal proceedings" against those responsible, the CJEU said. > > It held in its ruling that dynamic IP addresses could be considered > personal data, even though they didn't refer consistently to one person, > provided a website "has the legal means enabling it to identify the > visitor with the help of additional information which that visitor’s > Internet service provider has." Since this is generally the case in > Germany, the court said that dynamic addresses would then be personal > data—an important ruling. > [] > > > Il riferimento CJEU dovrebbe essere C-582/14 - Breyer > <http://curia.europa.eu/juris/fiche.jsf?id=C%3B582%3B14% > 3BRP%3B1%3BP%3B1%3BC2014%2F0582%2FJ&pro=&lgrec=en&nat= > or&oqp=&dates=&lg=&language=en&jur=C%2CT%2CF&cit=none% > 252CC%252CCJ%252CR%252C2008E%252C%252C%252C%252C%252C%252C% > 252C%252C%252C%252Ctrue%252Cfalse%252Cfalse&td=%3BALL& > pcs=Oor&avg=&mat=or&parties=Breyer&jge=&for=&cid=1422011> > > ciao > Alberto > _______________________________________________ > nexa mailing list > nexa(a)server-nexa.polito.it > https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa > -- Arturo Di Corinto www.dicorinto.it ---------------------------------> AVVERTENZE AI SENSI DEL D.Lgs. 196/2003 Le informazioni contenute in questo messaggio di posta elettronica e/o nel/i file/s allegato/i sono da considerarsi strettamente riservate. Il loro utilizzo è consentito esclusivamente al destinatario del messaggio, per le finalità indicate nel messaggio stesso. Qualora riceviate questo messaggio senza esserne il destinatario, Vi preghiamo cortesemente di darcene notizia via e-mail e di procedere alla distruzione del messaggio stesso, cancellandolo dal Vostro sistema. Conservare il messaggio stesso, divulgarlo anche in parte, distribuirlo ad altri soggetti, copiarlo, od utilizzarlo per finalità diverse, costituisce comportamento contrario ai principi dettati dal D.Lgs. 196/2003

Oct. 20, 2016

Your dynamic IP address is now protected personal data under EU law

by Alberto Cammozzo

CJEU rules that personal IPs can't be stored, unless to thwart cybernetic attacks or similar. <http://arstechnica.co.uk/tech-policy/2016/10/eu-dynamic-static-ip-personal-…> Europe's top court has ruled that dynamic IP addresses can constitute "personal data," just like static IP addresses, affording them some protection under EU law against being collected and stored by websites. But the Court of Justice of the European Union (CJEU) also said in its judgment on Wednesday that one legitimate reason for a site operator to store them is "to protect itself against cyberattacks." The case was referred to the CJEU by the German Federal Court of Justice, after an action brought by German Pirate Party politician Patrick Breyer. He asked the courts to grant an injunction to prevent websites that he consults, run by federal German bodies, from collecting and storing his dynamic IP addresses. Breyer's fear is that doing so would allow the German authorities to build up a picture of his interests, according to the Austrian newspaper der Standard. Site operators argue that they need to store the data in order to prevent "cybernetic attacks and make it possible to bring criminal proceedings" against those responsible, the CJEU said. It held in its ruling that dynamic IP addresses could be considered personal data, even though they didn't refer consistently to one person, provided a website "has the legal means enabling it to identify the visitor with the help of additional information which that visitor’s Internet service provider has." Since this is generally the case in Germany, the court said that dynamic addresses would then be personal data—an important ruling. [] Il riferimento CJEU dovrebbe essere C-582/14 - Breyer <http://curia.europa.eu/juris/fiche.jsf?id=C%3B582%3B14%3BRP%3B1%3BP%3B1%3BC…> ciao Alberto

Oct. 20, 2016

Should a driverless car kill the kid or the retiree?

by Alberto Cammozzo

Sintesi di posizioni su Politico.eu <http://www.politico.eu/article/should-a-driverless-car-kill-the-kid-or-the-…> [] Ethics and morals are intrinsically fuzzy — no amount of rapid calculations can give them the clarity of mathematics. And if drivers, or the manufacturer (and the engineers and ethicists employed by them), are able to program the car’s ethics, this changes the degree of intention of any resulting deaths, and also its legal status. In cultures that revere the elderly, the car would aim for the child, while in the West, which prizes youth, the car would hit the grandmother. “We mean for that to happen. This premeditation is the difference between manslaughter and murder, a much more serious offense,” wrote <https://www.wired.com/2014/08/heres-a-terrible-idea-robot-cars-with-adjusta…> Patrick Lin, director of the Ethics and Emerging Sciences Group at California Polytechnic State University. “Ethical dilemmas are likely not resolvable in a way that everybody agrees with. That’s why they’re dilemmas, exactly because there’s no clear consensus and that there’s good reasons that support different answers,” he told POLITICO in email exchange. A car buyer of the future may have to decide the ethical makeup of the vehicle, and in some way share the resulting responsibility for the choices that car makes in the event of an accident. In his speech, Ford called for all driverless cars to be installed with standardized ethical technology, but that doesn’t solve the problem of just what morals should be imbued in the machine. [] Should the moral algorithm built into connected and self-driving cars be based on Western philosophical tradition, or maybe Eastern, or yet another? If so, then Ford’s conundrum might have a different answer. In cultures that revere the elderly, the car would aim for the child, while in the West, which prizes youth, the car would hit the grandmother. On a higher philosophical level the implications are even more important, especially for the Western way of thinking, which prizes the individual and freedom of will. What’s new with driverless cars, when the algorithm is fully in charge, is that “the individual becomes irrelevant, that the community and especially the calculation prevail,” said Paolo Bottazzini, a former lecturer at Milan’s Politecnico University and author of several books on algorithms. “I am not sure we Europeans are fully aware that with driverless cars what’s at stake is our way of thinking,” he said. Douglas Hofstadter, a professor of cognitive science and Pulitzer prize winner, was far more blunt. He told us he finds the idea of driverless cars “repugnant, and I absolutely cannot understand why so many people think it’s great.”

Oct. 20, 2016

Intellectual Property Fights Par for the Course in F-35 Program

by Alberto Cammozzo

Lettura molto istruttiva. Il caccia stenta a decollare non solo per i difetti nel funzionamento meccanico e software. Il progetto dipende pesantemente dal software e ogni contractor e subcontractor difende coi denti il proprio codice sorgente dai concorrenti e non lo vuole rilasciare al governo. Non sorprende che il progetto complessivo diventa ingestibile ed i risultati imprevedibili... <http://www.nationaldefensemagazine.org/blog/Lists/Posts/Post.aspx?ID=2293> When the Pentagon embarked on the acquisition of the F-35 joint strike fighter in 2001, little thought was given to who legally owned the rights to the technical data and intellectual property associated with the aircraft. Fifteen years later, the lack of clear contractual language about ownership of technical data and software code has put the Pentagon in a bind and has limited the government’s options on how to maintain, upgrade and manage the Pentagon’s largest weapons acquisition, according to the officer who runs the F-35 program, Air Force Lt. Gen. Christopher Bogdan [] Bogdan immediately figured out that suppliers would fight fiercely to shield their trade secrets because they did not trust the government and feared that their proprietary data would be shared with other industry competitors.

Oct. 19, 2016

US Study Urges Tougher Oversight for Police Use of Facial Recognition

by Alberto Cammozzo

Study Urges Tougher Oversight for Police Use of Facial Recognition The report found that 16 states allow law enforcement officials to compare the faces of suspects to photos on driver’s licenses and other IDs without a warrant. Credit Caspar Benson/Getty Images A new report by a think tank at Georgetown University <https://www.perpetuallineup.org/sites/default/files/2016-10/The%20Perpetual…> calls for greater oversight in the use of emerging facial recognition software that makes the images of more than 117 million Americans — a disproportionate number of them black — searchable by law enforcement agencies. While the agencies, including the F.B.I., have historically created fingerprint and DNA databases primarily from criminal investigations, many of the photographs scattered among agencies at all levels of government are of law-abiding Americans, according to the report released Tuesday. The report found that 16 states allowed law enforcement officials to compare the faces of suspects to photographs on driver’s licenses and other forms of identification without a warrant, “creating a virtual lineup.” “This is unprecedented and highly problematic,” said the report, by the Center on Privacy and Technology at Georgetown’s law school. Facial recognition technology, long used overseas <http://www.nytimes.com/2015/08/13/us/facial-recognition-software-moves-from…> by the American military and intelligence agencies in Iraq and Afghanistan, is seen by local law enforcement as a tool for identifying criminals, but it has also raised concerns among privacy advocates. Because African-Americans disproportionately <http://www.nytimes.com/2016/07/12/upshot/surprising-new-evidence-shows-bias…> come into contact with, and are arrested by, law enforcement officials, the report said, their police photos will most likely be overrepresented in facial recognition databases. The authors of the report said the aim was not to stop the use of the software, which they acknowledged had been effective in investigations. Nor did they fault law enforcement officers, who they said “are simply using every tool available to protect the people that they are sworn to serve.” Rather, they called for Congress and state legislatures to pass laws creating stricter regulations on the technology. Researchers found, for instance, that just one agency — the Ohio Bureau of Criminal Investigation — specifically prohibited using the software to track people engaging in political or religious speech. No state has a law regulating use of the software. “There is a real risk that police face recognition will be used to stifle free speech,” the report said. <http://www.nytimes.com/2016/10/19/us/a-virtual-lineups-of-average-citizens-…>

Oct. 19, 2016

Ecuador says it cut WikiLeaks founder's internet over US election interference

by gianluca quaglia

Ecuador says it cut WikiLeaks founder's internet over US election interference The move followed the publication of leaked emails by WikiLeaks, including some from the Democratic National Committee (DNC) released just before the party’s convention in July, and more recently a cache of emails from the account of Hillary Clinton campaign adviser John Podesta. On Tuesday, officials released a statement saying that the government of Ecuador “respects the principle of non-intervention in the internal affairs of other states” and had cut off the internet access available to Assange because “in recent weeks, WikiLeaks has published a wealth of documents, impacting on the US election campaign”.[...] continua qui https://www.theguardian.com/media/2016/oct/19/wikileaks-ecuador-julian-assa…

Oct. 19, 2016

Fwd: Corte UE: gestori siti internet possono conservare dati personali degli utenti per difendersi da attacchi cibernetici (sentenza C-582/14)

by Marco Ciurcina

Il gestore di un sito Internet può avere un interesse legittimo a conservare determinati dati personali dei visitatori per difendersi dagli attacchi cibernetici L'indirizzo di protocollo Internet dinamico di un visitatore costituisce, per il gestore del sito, un dato personale, qualora detto gestore disponga di mezzi giuridici che gli consentono di far identificare il visitatore interessato grazie alle informazioni aggiuntive di cui il fornitore di accesso a Internet del visitatore dispone (Sentenza nella causa C-582/14, Patrick Breyer / Bundesrepublik Deutschland) Tra poco la pubblicano http://curia.europa.eu/juris/documents.jsf?pro=&lgrec=en&nat=or&oqp=&lg=&da… m.c.

Oct. 19, 2016

Can we open the black box of AI?

by Alessandro Mantelero

Can we open the black box of AI? Artificial intelligence is everywhere. But before scientists trust it, they first need to understand how machines learn. http://www.nature.com/news/can-we-open-the-black-box-of-ai-1.20731 -- Prof. Avv. Alessandro Mantelero Politecnico di Torino Nexa Center for Internet and Society | Director of Privacy Politecnico di Torino–Tongji University| Coordinator, Double Degree program in Management and IP Law Nanjing University of Information Science and Technology | Part-time Expert, School of Public Administration European Data Protection Law Review | Associate Editor http://staff.polito.it/alessandro.mantelero @mantelero EMAIL POLICY: once a day (Mon-Fri)

Oct. 19, 2016

APB : révélation du code source qui affecte les bacheliers à l’université

by Alberto Cammozzo

In Francia, un'associatione studentesca ottiene dal ministero il sorgente dell'algoritmo che indirizza gli studenti nei corsi di laurea a numero chiuso. Près de six mois après l’avoir demandé, l’association Droits des lycéens a obtenu du ministère le code source de l’algorithme utilisé par Admission post-bac pour affecter les étudiants dans les filières à capacité d’accueil limité. <http://www.lemonde.fr/campus/article/2016/10/18/apb-revelation-du-code-sour…> ciao, Alberto

Oct. 19, 2016