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EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield
by Alessandro Mantelero Feb. 3, 2016

Feb. 3, 2016

European Commission - Press release EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield Strasbourg, 2 February 2016 The European Commission and the United States have agreed on a new framework for transatlantic data flows: the EU-US Privacy Shield. Today, the College of Commissioners approved the political agreement reached and has mandated Vice-President Ansip and Commissioner Jourová to prepare the necessary steps to put in place the new arrangement. This new framework will protect the fundamental rights of Europeans where their data is transferred to the United States and ensure legal certainty for businesses. The EU-US Privacy Shield reflects the requirements set out by the European Court of Justice in its ruling on 6 October 2015, which declared the old Safe Harbour framework invalid. The new arrangement will provide stronger obligations on companies in the U.S. to protect the personal data of Europeans and stronger monitoring and enforcement by the U.S. Department of Commerce and Federal Trade Commission (FTC), including through increased cooperation with European Data Protection Authorities. The new arrangement includes commitments by the U.S. that possibilities under U.S. law for public authorities to access personal data transferred under the new arrangement will be subject to clear conditions, limitations and oversight, preventing generalised access. Europeans will have the possibility to raise any enquiry or complaint in this context with a dedicated new Ombudsperson. Vice-President Ansip said: "We have agreed on a new strong framework on data flows with the US. Our people can be sure that their personal data is fully protected. Our businesses, especially the smallest ones, have the legal certainty they need to develop their activities across the Atlantic. We have a duty to check and we will closely monitor the new arrangement to make sure it keeps delivering. Today's decision helps us build a Digital Single Market in the EU, a trusted and dynamic online environment; it further strengthens our close partnership with the US. We will work now to put it in place as soon as possible." Commissioner Jourová said: "The new EU-US Privacy Shield will protect the fundamental rights of Europeans when their personal data is transferred to U.S. companies. For the first time ever, the United States has given the EU binding assurances that the access of public authorities for national security purposes will be subject to clear limitations, safeguards and oversight mechanisms. Also for the first time, EU citizens will benefit from redress mechanisms in this area. In the context of the negotiations for this agreement, the US has assured that it does not conduct mass or indiscriminate surveillance of Europeans. We have established an annual joint review in order to closely monitor the implementation of these commitments." The new arrangement will include the following elements: Strong obligations on companies handling Europeans' personal data and robust enforcement: U.S. companies wishing to import personal data from Europe will need to commit to robust obligations on how personal data is processed and individual rights are guaranteed. The Department of Commerce will monitor that companies publish their commitments, which makes them enforceable under U.S. law by the US. Federal Trade Commission. In addition, any company handling human resources data from Europe has to commit to comply with decisions by European DPAs. Clear safeguards and transparency obligations on U.S. government access: For the first time, the US has given the EU written assurances that the access of public authorities for law enforcement and national security will be subject to clear limitations, safeguards and oversight mechanisms. These exceptions must be used only to the extent necessary and proportionate. The U.S. has ruled out indiscriminate mass surveillance on the personal data transferred to the US under the new arrangement. To regularly monitor the functioning of the arrangement there will be an annual joint review, which will also include the issue of national security access. The European Commission and the U.S. Department of Commerce will conduct the review and invite national intelligence experts from the U.S. and European Data Protection Authorities to it. Effective protection of EU citizens' rights with several redress possibilities: Any citizen who considers that their data has been misused under the new arrangement will have several redress possibilities. Companies have deadlines to reply to complaints. European DPAs can refer complaints to the Department of Commerce and the Federal Trade Commission. In addition, Alternative Dispute resolution will be free of charge. For complaints on possible access by national intelligence authorities, a new Ombudsperson will be created. Next steps The College has today mandated Vice-President Ansip and Commissioner Jourová to prepare a draft "adequacy decision" in the coming weeks, which could then be adopted by the College after obtaining the advice of the Article 29 Working Party and after consulting a committee composed of representatives of the Member States. In the meantime, the U.S. side will make the necessary preparations to put in place the new framework, monitoring mechanisms and new Ombudsman. Background On 6 October, the Court of Justice declared in the Schrems case that Commission’s Decision on the Safe Harbour arrangement was invalid. The judgment confirmed the Commission's approach since November 2013 to review the Safe Harbour arrangement, to ensure in practice a sufficient level of data protection as required by EU law. On 15 October, Vice-President Ansip, Commissioners Oettinger and Jourová met business and industry representatives who asked for a clear and uniform interpretation of the ruling, as well as more clarity on the instruments they could use to transfer data. On 16 October, the 28 national data protection authorities (Article 29 Working Party) issued a statement on the consequences of the judgment. On 6 November, the Commission issued guidance for companies on the possibilities of transatlantic data transfers following the ruling until a new framework is put in place. On 2 December, the College of Commissioners discussed the progress of the negotiations. Commissioner Jourová received a mandate to pursue the negotiations on a renewed and safe framework with the US. -- 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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NYT: "Uber Drivers and Others in the Gig Economy Take a Stand"
by J.C. DE MARTIN Feb. 3, 2016

Feb. 3, 2016

*Uber Drivers and Others in the Gig Economy Take a Stand** * By NOAM SCHEIBER FEB. 2, 2016 Last September, Dallas-area drivers for UberBlack, the company’s high-end car service, received an email informing them that they would be expected to start picking up passengers on UberX, its low-cost option. The next day, when the policy was scheduled to go into effect, dozens of drivers caravaned to Uber’s office in downtown Dallas and planted themselves outside until company officials met with them. Many had taken out loans to buy luxury vehicles that cost upward of $35,000, and worried that the modest per-mile rate for UberX passengers would barely cover gas and wear and tear, to say nothing of their car payments. The standoff stretched across nearly three more tense days until Uber allowed them to opt out of the policy. “They thought we were just going to give up, walk away,” said Kirubel Kebede, a leader of the group. “But we said, ‘No, this is our livelihood.’” In the rapid growth of the online gig economy, many workers have felt squeezed and at times dehumanized by a business structure that promises independence but often leaves them at the mercy of increasingly powerful companies. Some are beginning to band together in search of leverage and to secure what they see as fairer treatment from the platforms that make the work possible. […] Continua qui: http://www.nytimes.com/2016/02/03/business/uber-drivers-and-others-in-the-g…

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"The Tragedy of Ethiopia's Internet"
by J.C. DE MARTIN Feb. 3, 2016

Feb. 3, 2016

*The Tragedy of Ethiopia's Internet** * WRITTEN BY JUSTIN LYNCH February 1, 2016 // 09:00 AM EST Nafkot Nega thinks journalists are terrorists. When I visited him and his mother, Serkalem Fassil, at their tiny apartment in the outskirts of Washington, DC, in early January, 9-year-old Nafkot intermittently murmured and jabbed his hands, pretending to be a superhero fighting criminals. Perhaps some of those criminals were journalists like his father, Eskinder Nega, who was convicted of violating Ethiopia’s anti-terror law in July 2012. Eskinder is currently serving an 18-year prison sentence. “Journalism is a crime or a terrorist act in his mind because what has been portrayed about [his dad],” Serkalem explained to me through a translator. “Not only his dad, but if you mention any journalist he will scream and say ‘I don't like journalists!’” Their story is a weaving tale that mirrors how Ethiopia, home to over 90 million people, became a digital hermit nation. How Nafkot come to believe journalism is a crime equivalent to terrorism is a case study of how governments have used the internet as a tool for repression. […] Continua qui: https://motherboard.vice.com/read/the-tragedy-of-ethiopias-internet

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R: Safe Harbour: fumata nera... per ora
by Rossi, Stefano Feb. 2, 2016

Feb. 2, 2016

Mi pare che la Commissione tratti il tema della sicurezza nazionale solo dal lato US, in termini di verifica che il trattamento dei dati di cittadini europei da parte delle autorità US per ragioni di sicurezza nazionale (statunitense) sia legale. Si propone di creare un "functionally independent body who will answer individual complaints from Europeans if they fear that their personal information has been used in an unlawful way by U.S. authorities in the area of national security. A body that has access to the information from the national security bodies" Quando parla di "two legal system" si riferisce, in generale, a quello UE e quello US relativo alla protezione dei dati personali (sotto il profilo del trasferimento UE --> US), senza implicazioni sui sistemi di sicurezza nazionale dei singoli paesi membri. Date: Tue, 2 Feb 2016 16:23:57 +0100 From: "Blengino" <blengino(a)penalistiassociati.it<mailto:blengino@penalistiassociati.it>> To: "'Marco Ciurcina'" <ciurcina(a)studiolegale.it<mailto:ciurcina@studiolegale.it>>, "'Alessandro Mantelero'" <alessandro.mantelero(a)polito.it<mailto:alessandro.mantelero@polito.it>> Cc: nexa(a)server-nexa.polito.it<mailto:nexa@server-nexa.polito.it> Subject: [nexa] R: Safe Harbour: fumata nera... per ora Message-ID: <003301d15dcd$bdf0aa80$39d1ff80$@it> Content-Type: text/plain; charset="UTF-8" Conterei di più sull'aggressività dei francesi del CNIL che sulla (condivisibile) moderazione del nostro Garante in tema SH. Ciò che continuo a chiedermi è come possa la Commissione trattare il tema della sicurezza nazionale, che è materia esclusa a monte dal TUE ed è espressamente riservata ai singoli Stati Membri. Quando nel comunicato V?ra Jourová scrive <<...It is not an easy task to build a strong bridge between two legal systems which have some major differences >> mi chiedo in materia di sicurezza nazionale a quale dei 27 paesi si riferisca. Osservazione che credo sia stata sollevata anche dagli US, giustamente. ________________________________ Questo messaggio e i relativi allegati sono riservati e destinati esclusivamente al destinatario. Ai sensi del codice penale e del codice per la protezione dei dati personali, qualsiasi uso, copia o diffusione delle informazioni contenute in questo messaggio è vietato a soggetti diversi dal destinatario. Se questa comunicazione Vi è pervenuta per errore, Vi preghiamo di informarci rispondendo a questo messaggio di posta elettronica e quindi cancellare il messaggio e gli allegati dal Vostro sistema informatico. This communication and its attachments are confidential and addressed only to the intended recipients. If you are not the intended recipient, any use, copy or distribution of this message is prohibited under criminal and data protection law. If you have received this message by mistake, please notify us by replying to this email and delete this message and its attachments from your system.

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Safe Harbour: fumata nera... per ora
by Alessandro Mantelero Feb. 2, 2016

Feb. 2, 2016

qui il testo del comunicato della Commissaria Jourová http://europa.eu/rapid/press-release_SPEECH-16-208_en.htm "Dati personali fuori dall’EU. Quali soluzioni e prospettive per le imprese dopo il venir meno dell’accordo Safe Harbour?", ne avevamo parlato a Nexa, v. qui: https://nexa.polito.it/mercoledi-81 -- 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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Avviso: aggiornamento server-nexa
by Davide Allavena Feb. 2, 2016

Feb. 2, 2016

Buongiorno, vi comunico che giovedì 4 Febbraio, tra le ore 17 e le ore 19, verrà eseguito un importante aggiornamento sul server del Centro Nexa. Durante questo periodo di tempo, il sito nexa.polito.it e gli altri siti ospitati sul server potrebbero non essere raggiungibili e potrebbero verificarsi problemi nell'utilizzo della mailing list. Sono disponibile per ulteriori chiarimenti. Buona giornata, -- Davide Allavena IT Manager & Research Fellow Nexa Center for Internet and Society DAUIN - Politecnico di Torino https://nexa.polito.it/people/dallavena

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Berkman Center Webcast live oggi ore 18 - Engineering open production efficiency at scale
by Giuseppe Futia Feb. 2, 2016

Feb. 2, 2016

Engineering open production efficiency at scale https://cyber.law.harvard.edu/events/luncheons/2016/02/Halfaker <http://cyber.law.harvard.edu/events/luncheon/2014/06/sigal> *with computer scientist, Aaron Halfaker* Today, 6.00 pm Webcast live: http://cyber.law.harvard.edu/interactive/webcast http://nexa.polito.it/berkman-webcast-live Wikipedia, largely used as a synecdoche for open production generally, is a large, complex, distributed system that needs to solve a set of "open problems" efficiently in order to thrive. In this talk, I'll use the metaphor of biology as a "living system" to discuss the relationship between subsystem efficiency and the overall health of Wikipedia. Specifically, I'll describe Wikipedia's quality control subsystem and some trade-offs that were made in order to make this system efficient through the introduction of subjective algorithms and human computation. Finally, I'll use critiques waged by feminist HCI to argue for a new strategy for increasing the adaptive capacity of this subsystem and speak generally about improving the practice of applying subjective algorithms in social spaces. Live demo included! About Aaron Aaron Halfaker is an American computer scientist who is an employee of the Wikimedia Foundation. Halfaker earned a Ph.D. in computer science from the GroupLens research lab at the University of Minnesota in 2013. He is known for his research on Wikipedia and the decrease in the number of active editors of the site. He has said that Wikipedia began a "decline phase" around 2007 and has continued to decline since then. Halfaker has also studied automated accounts on Wikipedia, known as "bots", and the way they affect new contributors to the site. He has developed a tool for Wikipedia editing called "Snuggle", the goal of which is to eliminate vandalism and spam, and to also highlight constructive contributions by new editors. He has also built an artificial intelligence engine for Wikipedia to use to identify vandalism

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wifi ed enti pubblici: la riforma del Cad
by Mauro Alovisio Feb. 1, 2016

Feb. 1, 2016

gent.me/me segnalo un aggiornamento sulle prossime imminenti news in materia di wi-fi ed enti pubblcii http://www.repubblica.it/tecnologia/mobile/2016/02/01/news/internet_gratis_… Cordiali saluti Mauro Alovisio

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La Stampa (De Martin): Uomini e macchine, tutti nella stessa infosfera
by Giuseppe Futia Feb. 1, 2016

Feb. 1, 2016

11.09.2012 Uomini e macchine, tutti nella stessa infosfera JUAN CARLOS DE MARTIN Il 7 giugno 1954 moriva, in circostanze tragiche, Alan Turing, il matematico inglese considerato uno dei padri dell'informatica. Non aveva ancora compiuto quarantadue anni. A lui si devono, oltre al resto, la macchina ideale nota come «macchina di Turing», ovvero il modello concettuale alla base del computer moderno, e il «test di Turing», ovvero la riflessione che diede il via agli studi sull'intelligenza artificiale. Ma Alan Turing, secondo Luciano Floridi, filosofo a Oxford e recentissimo vincitore del premio Weizenbaum, non fu solo un grande scienziato, fu uno di quei rari pensatori capaci di rivoluzionare il modo in cui l'umanità concepisce sé stessa. [...] Continua qui: http://www3.lastampa.it/cultura/sezioni/articolo/lstp/468108/ /Vi ricordiamo che il prof. Luciano Floridi presenta il suo libro "La rivoluzione dell' informazione" (Codice edizioni) oggi a Torino, ore 18.00 presso la Feltrinelli di piazza Cln, con il prof. Juan Carlos De Martin e il prof. Ugo Pagallo./ /Vi ricordiamo inoltre che il prof. Floridi sarà ospite del 45° Mercoledì di Nexa (/http://nexa.polito.it/mercoledi-45/) domani a partire dalle ore 18.00 presso il Centro Nexa su Internet & Società./

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MUST READ: Danah Boyd, "What World Are We Building?"
by J.C. DE MARTIN Feb. 1, 2016

Feb. 1, 2016

*"****What World Are We Building?" * danah boyd 2015 Everett C Parker Lecture <http://uccmediajustice.org/content_item/parkerlecture2015>: October 20, 2015 /This talk was written for the 2015 Everett C Parker Lecture <http://uccmediajustice.org/content_item/parkerlecture2015>, in honor of his amazing work. Being able to give this lecture is an honor, but it is also deeply humbling in light of his amazing work. / Citation: boyd, danah. 2015. "What World Are We Building?" /Everett C Parker Lecture./ Washington, DC, October 20. *INTRODUCTION* I am both honored and humbled to be with you today. Today is a day of celebration and mourning, a reminder that life and death are deeply connected and that what we do with our time on this earth matters. We are here today because Dr. Parker spent much of his life fighting for the rights of others - notably the poor and people of color, recognizing that the ability to get access to new technologies to communicate and learn weren’t simply privileges, but rights. He challenged people to ask hard questions and ignore the seemingly insurmountable nature of complex problems. In the process, he paved a road that enables a whole new generation of activists to rally for media rights. I’m here today to talk with you about battles underway around new internet-based technologies. I’m an ethnographer, which means that I’ve spent the bulk of my professional life trying to map cultural practices at the intersection between technology and society. It’s easy to love or hate technology, to blame it for social ills or to imagine that it will fix what people cannot. But technology is made by people. In a society. And it has a tendency to mirror and magnify the issues that affect everyday life. The good, bad, and ugly. ….. continua qui: http://www.danah.org/papers/talks/2015/ParkerLecture.html

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