See the related Guardian article for more details.
Despite recent reports that Snowden is edging closer to securing Icelandic citizenship, his pal Julian Assange argues that the former NSA contractor is better off staying put in Russia:
Congratulations to Laura Poitras and her team behind “CitizenFour” in winning the Oscars for Best Documentary Feature. And did you notice Snowden‘s girlfriend Lindsay Mills was on the stage (see picture above (Credit: YouTube) and video clips below)?
Here’s the video clip of Edward Snowden’s latest public appearance (via video conference) on 14 February 2015 at the The Davis Levin First Amendment Conference, to a sold-out audience at the Hawaii Convention Center in Honolulu.
Previous speakers at this event include Daniel Ellsberg, Kenneth Starr, US Supreme Court Justice Antonin Scalia, Ralph Reed, Nadine Strossen and Jay Sekulow.
A eight-member panel experts tasked to review privacy issues relating to online search giant Google Inc. has rejected late last week attempts by EU privacy watchdogs to extend the “right to be forgotten” ruling beyond the 28-nation bloc – see Bloomberg report below.
The European Court of Justice issued a landmark ruling last May that anyone living in the European Union and Europeans living outside the region could ask search engines like Google to remove links if they believed the online contents breached their right to privacy and are “inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes for which they were processed.”
I have explained in my column last July that the ruling was Much Ado About Nothing as it amounted to everything but forgotten: what Google essentially did was to remove results from name search of those names approved to be deleted but only on its European websites. The same results remain on the Google US homepage and all its non-European sites. Furthermore, Google is only removing the results but not the links.
Thus no surprise there are now efforts to address these not-so-forgotten issues.
But as I have further pointed out then, the more devastating and often overlooked impact was how any “right to be forgotten” would be a much welcomed and God-sent convenience for “women with a past and men with no future”, essentially amounting to the “right to be defrauded” as it was also described recently by Jason Wright of Kroll.
In short, anyone in support and calling to extend the “right to be forgotten” ruling – including the Hong Kong Privacy Commissioner Allen Chiang who erroneously heralded it as a way to grant everyone a “second chance in life” – is not only pulling the plug on the free flow of information but also effectively facilitating the closing down of everyone’s right to information, which would derail the notion of free markets in this global economy if every individuals and entities could so conveniently erase their dirty laundries (like criminal convictions, litigation history, old debts and past bankruptcy records for starters) at the expense of their counter-parties who could no longer trace anything – especially if this ruling was blindly extended and embraced globally.
And I stress once again, the internet, originally designed to exchange raw data between researchers and scientists, has evolved into a self-contained, self-sustained and self-evolving ecosystem of records, communications, commerce, entertainment, etc. Any attempt to remove the contents, successful or otherwise, is like playing God.
Historians will mark the EU ruling as a (irreversible) seismic error. Extending it to a global scale will have no equals in the history of mankind.
Google Panel Opposes EU Data Watchdogs on Forgotten Case
by Stephanie Bodoni
(Bloomberg) — A panel of experts enlisted by Google Inc. to review privacy issues following a European Union court ruling backed the search giant’s bid to limit the “right to be forgotten” to websites within the 28-nation bloc.
The eight-member group, which includes Wikipedia co-founder Jimmy Wales, rejected a push by EU privacy watchdogs to extend search link removals to Google’s global site.
“Delistings applied to the European versions of search will, as a general rule, protect the rights of the data subject adequately in the current state of affairs and technology,” the group said in the 41-page report. “Removal from nationally directed versions of Google’s search services within the EU is the appropriate means to implement the ruling at this stage.”
A ruling by the EU Court of Justice last year created a right to be forgotten, allowing people to seek the deletion of links on search engines if the information was outdated or irrelevant. The ruling created a furor, with Mountain View, California-based Google appointing the panel to advise it on implementing the law.
The geographic scope of an EU court ruling that forced the company last year to remove some search links on request was a “difficult question that arose throughout” the panel’s meetings, the group said.
Today’s report puts the group at odds with the 28-nation EU’s data-protection regulators who last year urged the company to allow people to seek the deletion of links to some personal data on the company’s main U.S. website.
Sabine Leutheusser-Schnarrenberger, a former German justice minister and one of the panel’s member, said that she opposed the majority view of the group on the geographical scope of the EU court ruling.
Removal requests “must not be limited to EU domains,” she said in the report. “The Internet is global, the protection of the user’s rights must also be global. Any circumvention of these rights must be prevented.”
The Google advisory group last year visited seven European cities, from Rome to Berlin, listening to academics and public officials.
“It’s been valuable to hear a wide range of viewpoints in recent months across Europe and we’ll carefully consider this report,” David Drummond, Google’s top lawyer, said in an e-mailed statement. “We’re also looking closely at the guidance given by Europe’s data protection authorities as we continue to work on our compliance with” the EU court ruling.
The company has received 212,109 requests to remove 767,804 links from its website to date, according to its website.
The deletion of links beyond the 28-nation EU was one of two issues that created an initial split between Google and data-protection regulators. Regulators have complained that information blocked on EU websites shouldn’t be easily accessible by visiting Google in other countries by changing a few characters on the browser address line.
The company’s policy of notifying the media about deleted links to stories on their websites also sparked the ire of regulators. The report recommended that search engines “should notify the publishers to the extent allowed by law.”
“In complex cases, it may be appropriate for the search engine to notify the webmaster prior to reaching an actual delisting decision,” the panel said. “If feasible, it would have the effect of providing the search engine additional context about the information at issue and improve accuracy of delisting determinations.”
Following my recent posts about the US and China spat on “intrusive rules” and the underlying reasons, I thought it may be apt to post video on understanding China. This TEDTalk was delivered four years ago so some of the points may be outdated and even disputable but Martin Jacques probably nailed it, especially on culture and unity matters.
“More than once, I’ve wished my real life had a delete key.” – Harlan Coben, American novelist.
If that sounds familiar, it has now become a reality but with reasons for concern – it has been two months since the controversial European “right to be forgotten” ruling. The irony is that nothing has actually changed fundamentally despite all the subsequent hoo-hah.
Let’s not forget the internet was originally designed to exchange raw data between researchers and scientists. Any attempt to manually and selectively remove the contents, successful or otherwise, is like playing God – much worse when Google decides what to delete.
I have listed an example to illustrate the lessons to be learned and price to be paid – of a somewhat similar attempt and the implications on the society at large.
You can find the entire column here.
From China with Love
It’s the one year anniversary of what is now known as the Snowden revelations, which appeared on June 5 and June 9 when The Guardian broke news of classified National Security Agency documents and Edward Snowden revealed himself in Hong Kong as the source of those leaks.
There is still much to decipher from the chronology of events in the aftermath and the sudden global awakening to the end of privacy. Among the impacts on the personal, business and political fronts, one interesting salient feature is the hypocritical rhetorical spats between the US and China in recent weeks, which could set the undertone for US-Sino relations for years to come.
Snowden said his biggest fear is that nothing would change following his bold decision a year ago.
You can find the entire column here.
Hong Kong Tightens Rules on IPOs – The Territory Gets Tough on Regulating Domestic and International New Listings
Starting Oct. 1, in a worst-case scenario, bankers and listing professionals could be put behind bars for their role in public listings in Hong Kong, up till recently a top capital-raising center and magnet for initial public offerings from Chinese companies. To top it off, the current clampdown on data and corporate investigations in mainland China further complicates the situation.
The controversy stems from measures announced by the Hong Kong Securities and Futures Commission in December 2012 to step up the regulatory regime for listing sponsors, including clarifications of their liabilities – up to civil and criminal liabilities – to be put into effect Oct. 1 this year, and will apply to all public listings filed from that date. These measures supplement the new listing rules previously announced by The Stock Exchange of Hong Kong to promote more extensive and thorough due diligence of listing candidates.
Or was Dick Cheney looking for a cheap excuse to play politics?
Edward Snowden with his sudden departure from Hong Kong for Moscow and eventually elsewhere, possibly a country hostile to the US, would reignite the question if he’s a spy or double agent.
But the allegations made last week by former US vice president Dick Cheney that the National Security Agency whistle-blower Edward Snowden could be a spy for China is off track, and he knows it, and are a deliberate public distraction as the Obama administration searches for scapegoats in the midst of defending the NSA surveillance programs with their one and only trump card.
Snowden left with his passport annulled, a warrant on his head plus criminal charges of espionage, theft and communicating classified intelligence to unauthorized persons.
But here is the dichotomy: While the corporate world is still coping with US regulations on better corporate governance practices, where does the notion of whistleblowing stand right now?
Please read the entire column here.
The Art of Hiding and Being Undetectable
The world knows by now Edward Snowden, the former private contractor for the National Security Agency who leaked revelations of massive US clandestine electronic surveillance and eavesdropping programs, is still at large in Hong Kong.
You might wonder how Snowden managed to remain obscure, both in the physical and cyber spheres.
Hong Kong, a former British colony now a major global financial center and Special Administrative Region of China, is one of the most densely populated areas in the world with a population of over seven million spread over just 1,104 square kilometers.
But it is precisely for these reasons that Hong Kong may be the ideal place. One could be easily spotted or located or one could capitalize on the dense crowd and modern infrastructure to negotiate his way unnoticed in the physical, digital and cyber dimensions.
And Snowden sure knows how to do that.
So what would you do if you were Snowden or if you simply needed to hide and remain undetectable for a period of time?
The Companies Ordinance review has been years in the making
A recent hotly debated topic in Hong Kong relates to the government’s attempt to rewrite the Companies Ordinance, spurred largely by the sudden public realization that the resulting new Companies Bill was already passed in the local legislature without much media attention and the rude awakening to the subsequent impacts.
Much of the current media focus and public debates have been placed on only one aspect of the many proposed changes: to withhold from the public parts of the identification numbers and details of the residential addresses of company directors found in the Hong Kong company registration records.
The lightning rod for public concern has struck many a wrong cord, including outcries about the suppression of transparency and apprehension over possible government submission to China’s will.
This column looks at the roots of the situation and puts the fuss in perspective.
Please read full article here.
While Attempting to Suppress Transparency
Paradoxically, even as the Hong Kong government is proposing far-reaching changes to the Companies Ordinance that would bring due diligence and investigations to a stop, officials are also quietly studying the possibility of introducing a Freedom of Information Act.
If that seems a contradiction, that’s because it is.
The Companies Ordinance amendments, either missed or ignored by the mainstream media when it was passed through the legislature earlier last year, will result in withholding from the public parts of the identification numbers and details of the residential addresses of company directors found in the Hong Kong company registration records – the very thing a freedom of information act is designed to facilitate.
Please read the full column here.
The Pentagon’s recent sworn: They won’t spy on journalists.
(Yeah right…. Yes, I hear you at the back.)
The US Defense Secretary Leon Panetta gave an order July 19 to clampdown on classified leaks from the Pentagon and “monitor all major, national level reporting”.
This raised immediate concerns amongst the press as journalists wondered: is the Pentagon planning to spy on their very act of reporting or simply to conduct wide-sweeping news scans for supposedly leaked information? The former, left to one’s imagination, could include wiretapping, surveillance and various forms of intrusive acts.
The Pentagon press secretary George Little reportedly replied in writing:
“The secretary and the chairman both believe strongly in freedom of the press and encourage good relations between the department and the press corps.” (Read this).
Meanwhile, a true story, I know a journalist who was spied upon by a Chinese intelligence agent.
The agent apparently tried to recruit the reporter by offering “huge rewards” if he cooperates and collects information about certain individuals under the pretense of combing background data for potential stories.
This journo friend declined outright but not long after, he suspected his phones were bugged and asked for help.
Quite simply though cumbersome: buy and replace regularly several low-value, use-and-dispose SIM cards, several used cellular phones (the pre-smartphone days type like those good old Nokia, Ericsson, Motorola, etc) and used laptops.
In short, change your phone and cyber lifestyle – at least for the time being (Refer to my earlier commentary: Shhh… How to Beat the CIA and Protect Your Data).
Electronic gadgets are often fun but there is rarely one as useful as this: a new type of flash memory stick that can self- destruct by remote control.
I was immediately speculating the immense possibilities. James Bond or Ethan Hunt, anyone?
But the real implication is even more profound, given a recent US court ruling that dealt a blow to the fight against corporate espionage in saying the download of proprietary data does not amount to a criminal offense after all (Read the entire column here and there).