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Coming to Terms with Secret Law
by Alberto Cammozzo Feb. 5, 2016

Feb. 5, 2016

COMING TO TERMS WITH SECRET LAW Dakota S. Rudesill Ohio State University (OSU) - Michael E. Moritz College of Law January 6, 2015 7 Harvard National Security Journal, 2015, Forthcoming Ohio State Public Law Working Paper No. 321 The allegation that the U.S. government is producing secret law has become increasingly common. This article evaluates this claim, examining the available evidence in all three federal branches. In particular, Congress’s governance of national security programs via classified addenda to legislative reports is here given the first focused scholarly treatment, including empirical analysis that shows references in Public Law to these classified documents spiking in recent years. Having determined that the secret law allegation is well founded in all three branches, the article argues that secret law is importantly different from secrecy generally: the constitutional norm against secret law is stronger than the constitutional norm against secret fact. Three normative options are constructed and compared: live with secret law as it exists, abolish it, or reform it. The article concludes by proposing principles for governing secret law, starting with the cardinal rule of public law’s supremacy over secret law. <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2687223>

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EU-US nuovo accordo Safe Harbour . Considerazioni ART29WP
by Alessandro Mantelero Feb. 4, 2016

Feb. 4, 2016

ecco l'attesa risposta dell'ART29WP sull'EU-US Privacy Shield https://scic.ec.europa.eu/streaming/article-29-subgroup-implementation-of-t… -- 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 EMAIL POLICY: twice a day (Mon-Fri)

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Dutch Saunas Warned Against Use of Security Cameras
by Alberto Cammozzo Feb. 4, 2016

Feb. 4, 2016

A violazioni non scherzano neanche i danesi... Saunas can't make use of security cameras in rooms where guests are walking in their birthday suits, warns the Dutch Data Protection Authority (AP). The AP sent a letter to several saunas following complaints. According to the AP, filming nude individuals is a "huge infringement on privacy" and only appropriate in exceptional circumstances. Prevention of sexual acts or theft doesn't suffice. Camera images that are watched right then without retention are not allowed either. People must be free of spying in these rooms, the AP states. <http://www.liberties.eu/en/short-news/9248> Alberto

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Problemi di privacy con il nuovo sistema di identificazione?
by Diego Giorio Feb. 4, 2016

Feb. 4, 2016

http://www.forumpa.it/pa-digitale/spid-solo-una-soluzione-per-gli-utenti-o-… L'uso massiccio del nuovo sistema unico di identificazione per la PA, oltre a semplificare gli accessi, potrà portare a nuove, e più invasive, possibilità di profilazione Saluti a tutti Diego

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testo del framework in materia di cybersecurity 2015 presentato alla Sapienza a Roma il 4 febbraio
by Mauro Alovisio Feb. 4, 2016

Feb. 4, 2016

Gent.me/mi segnalo il testo definitivo del framework in materia di cybersecurity che è stato presentato questo pomeriggio presso l'Università La Sapienza di Roma, il testo era stato sottoposto a consultazione pubblica on line alla quale hanno partecipato associazioni e studiosi http://www.cybersecurityframework.it/sites/default/files/CSR2015_web.pdf Cordiali saluti Mauro Alovisio Cyber Security Report 2015, realizzato dal CIS-Sapienza e dal Laboratorio Nazionale di Cyber Security, in collaborazione con diverse organizzazioni pubbliche e private, presenterà un Framework Nazionale per la Cyber Security. Lo scopo del documento è quello di offrire alle organizzazioni un approccio omogeneo per affrontare la cyber security, al fine di ridurre il rischio legato alla minaccia cyber. L'approccio del framework è intimamente legato a una analisi del rischio e non a standard tecnologici. Il framework si fonda sul noto "Framework for Improving Critical Infrastructure Cybersecurity" emanato dal NIST per poi essere ampliato ed attualizzato al contesto italiano. Offrirà una guida per incrementare il livello di cyber security per la Piccola Media Impresa italiana e raccomandazioni per il top management di grandi aziende e infrastrutture critiche su come organizzare processi di cyber security risk management.

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Milano, seminario sul controllo dei lavoratori 19 febbraio 2016- Università Bocconi
by Mauro Alovisio Feb. 4, 2016

Feb. 4, 2016

Gent.me/mi segnalo seminario gratuito di interesse il prossimo 19 febbraio 20'16 all'Università Bocconi sulla modifica dell'articolo 4 dello Statuto dei lavoratori, privacy e controlli. Aula seminari 1-‐C3-‐01, ore 10 Relatori: il prof Maurizio Del Conte, Maurio Erminio Malagnino (Autorità Garante per la Privacy) e Raffaele Zallone. Introdurrà il prof. Oreste Pollicino, concluderà i lavori il prof. Giuseppe Ferrari per programma completo: http://www.studiozallone.it/newsletter/it Cordiali saluti Mauro Alovisio

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Facebook Is Throttling Nonprofits and Activists
by J.C. DE MARTIN Feb. 4, 2016

Feb. 4, 2016

http://valleywag.gawker.com/facebook-is-throttling-nonprofits-and-activists… (Sent from my wireless device; please excuse brevity and typos (if any))

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Call for Papers: "Freedom and Control of Expression in the Digital Aftermath of the 2015 Paris Attacks" (Deadline: 1 April)
by J.C. DE MARTIN Feb. 3, 2016

Feb. 3, 2016

Freedom and Control of Expression in the Digital Aftermath of the 2015 Paris Attacks Organizers : Jen Schradie, Nikos Smyrnaios, Sandra Vera Zambrano After the Charlie Hebdo newspaper offices were attacked in January 2015, debate and discussion flourished about freedom of expression, in France and abroad. This debate intensified after the Paris attacks of November 13th. At the epicenter is the role of the Internet and free speech. An enormous wave of worldwide indignation expressed itself after both events, including a deluge of hashtag solidarity. But this social media storm eventually revealed cultural, political and social divides inside France, as well as globally. Much like after the 9/11 attacks, France passed laws allowing state surveillance of online communication. At the same time, social media censored posts about the attacks that were considered to be provocative or shocking. The variety of reactions, including indifference or, on the contrary, the expression of very different points of view – sometimes even surveilled or censored – showed that one hashtag is neither unifying nor a universal view shared by everyone. This event magnified the notion that the digital public sphere is a conflicting arena of not just what is being said (or kept quiet) online but also what the limits are. Undoubtedly, the Internet is the main means of massive public expression for millions. Yet it is still the result of a complex set of power relations established between professional media, amateur content producing communities, which sometimes defend particular interests, as well as corporate intermediaries. The resulting online content embodies rival editorial, political and industrial strategies. Recently, scholars have begun to question the idea of digital participatory democracy in terms of a level playing field. This workshop aims to progress this debate by addressing the following central question: *Who controls freedom of expression and online content in the digital era, and how?* Embedded in this question are the challenges and constraints of expression, such as the tension between a bottom-up or top-down digital public sphere or who is left out as a digital player. Also central to this question are the role of three broad actors: the state, market and civil society. Possible topics for submissions include the following *State* – What is the government’s role - from subsidizing digital participation to censorship and surveillance? What is the role of political ideology, broadly defined, in freedom of expression? What is the relationship between media institutions and the state when it comes to online free speech? *Market* - What is the interplay of market dominance, algorithms, censorship and Big Data? How are transformations in news production and consumption, especially in terms of platforms like Facebook, shaping freedom of expression? How do different types of capitalist economic systems shape freedom of expression? How do market constraints upon corporate media, and mainstream journalism shape freedom of expression? *Civil society* – Who is creating content, and if so, who is listening, watching and clicking? How does race, class, ethnicity and gender factor in? Who is marginalized? How effective is Internet use as an extension or part of activist and social movement practices vis-à-vis political expression. What is the role of alternative, independent and citizen media in this digital era of online expression? *Target Audience and Scholars: *This is an interdisciplinary workshop but geared toward sociologists, anthropologists, political scientists, economists and communication scholars. Scholars at all levels are encouraged to participate. A small number of travel grants may be available to permit outstanding junior scholars (under 35 years at the date of the conference) to attend. Please state in your paper submission whether you wish to apply for such a travel grant. *Dates:* October 13 & 14, 2016 *Format: *The workshop will feature speakers, panels and paper presentations. *Submissions:* Full paper submissions based on empirical research of conference topics (maximum 25 pages including references and tables/figures) due by Friday, April 1. Theoretical papers will also be considered. Please submit papers to https://easychair.org/conferences/?conf=fceda15pa. We will notify you of acceptance by May 6. You will have to create an account in Easychair in order to submit. *Registration:* Register for the conference by September 15. Space is limited. Registration information coming soon. *Cost: *Free *Location:* Institute for Advanced Study in Toulouse, Toulouse School of Economics, Toulouse, France. *Organizers:* Jen Schradie (IAST), Sandra Vera Zambrano (Sciences Po Toulouse - LASSP), Nikos Smyrnaios (University of Toulouse – LERASS). *Email*: freedomcontrol.conf(a)iast.fr <mailto:freedomcontrol.conf@iast.fr?subject=Conference%20%22Freedom%22>

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Safe Harbour ora i garanti potrebbero sanzionare
by Alessandro Mantelero Feb. 3, 2016

Feb. 3, 2016

Le imprese che non hanno adottato le Standard Contractual Clauses o le Binding Corporate Rules, potranno ora essere soggetti a verifiche dei garanti europei min 36:41 https://scic.ec.europa.eu/streaming/article-29-subgroup-implementation-of-t… -- 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 EMAIL POLICY: twice a day (Mon-Fri)

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"How Uber Profits Even While Its Drivers Aren't Earning Money"
by J.C. DE MARTIN Feb. 3, 2016

Feb. 3, 2016

*How Uber Profits Even While Its Drivers Aren't Earning Money* WRITTEN BY JAY CASSANO February 2, 2016 // 10:15 AM EST "If I'm doing something useful for the company, I should be paid for that time,” Mark says to me as he drives me over the Brooklyn Bridge. “That's what work is, right?” It seems like a simple enough principle. And yet when it comes to the nature of work in the digital platform economy, getting paid for that time is anything but a simple proposition. Mark has a special appreciation for what constitutes value to a corporation. In a city where most Uber and taxi drivers are recent immigrants, he’s an anomaly, a former Wall Street banker who was laid off in the recession and has turned to Uber for part-time work. (Mark and other Uber drivers I spoke to for this story, both in person and online, have requested that their real names not be used out of fear of reprisal from Uber or other employers.) The usefulness Mark refers to is the data he generates for Uber—not when he has a fare, but when he is waiting to be summoned and isn't making any money. Uber drivers call that time without fares “dead miles.” Drivers may spend that time roaming around waiting for their next request from the Uber app. Or they may drive from a low-density area where they dropped off their last passenger back to a high-density area where they are more likely to find a new passenger. While those dead miles are unpaid, the data Mark generates during that time is immensely valuable to Uber. Interviews and research conducted last year by my colleague Alex Rosenblat at Data & Society Research Institute and Luke Stark of New York University, illustrated how Uber collects data from drivers even during their unpaid time. […] Continua qui: https://motherboard.vice.com/read/how-uber-profits-even-while-its-drivers-a…

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