Sunday, 14 January 2018

As more national governments veer towards fascism the level of danger Facebook presents rises


The Trump Regime is busy dismantling democratic checks and balances in the United States, the May Government in Britain is handing powers of arrest to certain multinational corporations and in Australia federal and state right-wing politicians slavishly ape Republican and Conservative policies.

Rabid nationalism, religious extremism, contrived xenophobia, authoritarianism, contempt for human rights and disdain for democratic processes appear to be the order of the day for too many political leaders in too many 'western' countries around the world.

Smack bang in the middle of this political miasma is a vast and powerful IT multinational which wouldn’t recognise an ethic if it fell over it.

How long before the aims of modern day fascism and Facebook Inc merge?

Public Integrity, 31 July 2017:

When Chicago resident Carlo Licata joined Facebook in 2009, he did what the 390 million other users of the world’s largest social network had already done: He posted photos of himself and friends, tagging the images with names.

But what Licata, now 34, didn’t know was that every time he was tagged, Facebook stored his digitized face in its growing database.

Angered this was done without his knowledge, Licata sued Facebook in 2015 as part of a class action lawsuit filed in Illinois state court accusing the company of violating a one-of-a-kind Illinois law that prohibits collection of biometric data without permission. The suit is ongoing.

Facebook denied the charges, arguing the law doesn’t apply to them. But behind the scenes, the social network giant is working feverishly to prevent other states from enacting a law like the one in Illinois.

Since the suit was filed, Facebook has stepped up its state lobbying, according to records and interviews with lawmakers. But rather than wading into policy fights itself, Facebook has turned to lower-profile trade groups such as the Internet Association, based in Washington, D.C., and the Illinois-based trade association CompTIA to head off bills that would give users more control over how their likenesses are used or whom they can be sold to. 

That effort is part of a wider agenda. Tech companies, whose business model is based on collecting data about its users and using it to sell ads, frequently oppose consumer privacy legislation. But privacy advocates say Facebook is uniquely aggressive in opposing all forms of regulation on its technology.

And the strategy has been working. Bills that would have created new consumer data protections for facial recognition were proposed in at least five states this year — Washington, Montana, New Hampshire, Connecticut and Alaska — but all failed, except the Washington bill, which passed only after its scope was limited.

No federal law regulates how companies use biometric privacy or facial recognition, and no lawmaker has ever introduced a bill to do so. That prompted the Government Accountability Office to conclude in 2015 that the “privacy issues that have been raised by facial recognition technology serve as yet another example of the need to adapt federal privacy law to reflect new technologies.” Congress did, however, roll back privacy protections in March by allowing Internet providers to sell browser data without the consumer’s permission.

Facebook says on its website it won’t ever sell users’ data, but the company is poised to cash in on facial recognition in other ways. The market for facial recognition is forecast to grow to $9.6 billion by 2022, according to analysts at Allied Market Research, as companies look for ways to authenticate and recognize repeat customers in stores, or offer specific ads based on a customer’s gender or age.

Facebook is working on advanced recognition technology that would put names to faces even if they are obscured and identify people by their clothing and posture. Facebook has filed patents for technology allowing Facebook to tailor ads based on users’ facial expressions……

Facial recognition’s use is increasing. Retailers employ it to identify shoplifters, and bankers want to use it to secure bank accounts at ATMs. The Internet of things — connecting thousands of everyday personal objects from light bulbs to cars — may use an individual’s face to allow access to household devices. Churches already use facial recognition to track attendance at services.

Government is relying on it as well. President Donald Trump staffed the U.S. Homeland Security Department transition team with at least four executives tied to facial recognition firms. Law enforcement agencies run facial recognition programs using mug shots and driver’s license photos to identify suspects. About half of adult Americans are included in a facial recognition database maintained by law enforcement, estimates the Center on Privacy & Technology at Georgetown University Law School.

To tap into this booming business, companies need something only Facebook has — a massive database of faces.

Facebook now has 2 billion monthly users who upload about 350 million photos every day — a “practically infinite” amount of data that Facebook can use to train its facial recognition software, according to a 2014 presentation by an engineer working on DeepFace, Facebook’s in-house facial-recognition project.

Saturday, 13 January 2018

Tweet of the Week



Quotes of the Week


“In his dual careers as lawyer and merchant banker, Malcolm Turnbull has earned a reputation that inspires a mix of awe, fear and, among some, downright loathing.” [Journalist John Lyons writing in The Sydney Morning Herald, 1991]

“Of all personality measures, sadism showed the most robust associations with trolling and, importantly, the relationship was specific to trolling behavior. Enjoyment of other online activities, such as chatting and debating, was unrelated to sadism. Thus cyber-trolling appears to be an Internet manifestation of everyday sadism.” [Erin E. Buckels et al, writing in Personality and Individual Differences, Trolls just want to have fun”]

“Few New Yorkers want to play golf at a course named after a man who hailed Nazis as “very fine people” and rhapsodized over the men who fought to preserve slavery during the Civil War.” [Oliver Willis writing at Shareblue Media, 28 December 2017]

Friday, 12 January 2018

GM-free canola a winner says Gene Ethics


On 22 August 2016, Australia submitted a report to the European Union (EU) presenting the results of calculations of greenhouse gas emissions from the cultivation of canola oilseed in Australia and in December 2017 the EU approved Australian canola for import as low greenhouse gas emission produce for bio-fuel, animal feed and food.

Gene Ethics, 3 January 2018:

GM-free canola a winner
A CSIRO researcher confirms that Australian farmers achieved a $100 million per year premium, with the extra $20-$40/tonne paid for their GM-free canola. Australia has favoured EU access for its GM-free canola, by meeting Europe's tough Renewable Energy Greenhouse Gas Savings Target. Our canola offers more options for the European supply chain, as residues from biofuel production can be used for animal feed and oil for human consumption. The vast majority of Australian canola is GM-free.

 GM-free Shopping List is here.

Australian Politics 2018: and you foolishly thought things might get better this year


Well the democracy canary in the political coal mine fell senseless to the bottom of its cage this month when the Turnbull Government admitted that a high level of secrecy would surround its extra-parliamentary review of religious freedom in Australia.

The Sydney Morning Herald, 3 December 2017:

Public submissions to the Turnbull government's review of religious freedom in Australia will be kept secret, in a marked departure from normal processes, according to Prime Minister Malcolm Turnbull's department.

The department, which has control of the inquiry, said it would not publish the submissions, which is in stark contrast to ordinary parliamentary inquiries, in which most submissions are automatically released.

"Submissions to the Expert Panel will not be published online," a department spokesman said in an emailed statement. "However, where individuals provide consent, submission extracts may be included in public materials."

Late on Tuesday, however, Mr Turnbull's media team sought to intervene by suggesting inquiry chairman Philip Ruddock would decide if submissions were published. The PM's office then instructed his own department to issue a new statement to that effect.

An hour later, the department said decisions on releasing submissions would rest on "whether individuals have provided consent", but that appears impossible, because the online consent form assures people their submission "will not be published in its entirety".

It is expected the high-profile inquiry - prompted by fears about the impact of same-sex marriage on religious practice - will attract submissions from Australia's biggest churches, including the Catholic and Anglican archdioceses of Sydney and Melbourne. It presents an opportunity for religious organisations and other advocates to spell out the exact changes to the law they believe are necessary.

Mr Ruddock said when contacted on Tuesday that the panel had not discussed the publication of submissions and ultimately it was a matter for the PM's department…..

The expert panel - which also includes Australian Human Rights Commission president Rosalind Croucher, Catholic priest Frank Brennan and retired judge Annabelle Bennett - is expected to meet for the first time next Wednesday. 

However, the negative response in mainstream and social media saw the democracy canary revived and placed on life support as the secrecy provisions in the online Consent form have been changed and now only apply to all those submissions received to date.

"The Expert Panel has not yet determined a final approach to publication of submissions. Submissions already provided will not be published without the agreement of the author" 

Which given that the majority of submissions would have been received by now means that it is highly unlikely that submissions made on behalf of religious institutions will ever be published by the Expert Panel.

NOTE

The submission period for the Religious Freedom Review commenced in December 2017 and ends on 31 January 2018 with the Expert Panel to deliver its findings by 31 March 2018.

Thursday, 11 January 2018

NSW Auditor-General not impressed by government agencies cyber security risk management


“Specific financial reporting, controls and service delivery comments are included in the individual 2017 cluster financial audit reports tabled in Parliament from October to December 2017.” [NSW Auditor-General, Report on Internal Controls and Governance 2017, December 2017]

On 20 December 2017 the NSW Auditor-General released the Report on Internal Controls and Governance 2017.

The Sydney Morning Herald reported on 28 December 2017:

Two-thirds of NSW government agencies are failing to properly safeguard their data, increasing the risk of improper access to confidential information about members of the public and identity fraud by cyber criminals.

The finding has emerged from an audit of dozens of government agencies, including those holding highly sensitive personal information collected from millions of citizens, such as NSW Health, the department of education, NSW Police Force, Roads and Maritime Services and the justice department.

While the report by auditor-general Margaret Crawford does not name the agencies failing to properly manage privileged access to their systems, it highlights the potential consequences.

"Personal information collected by public sector agencies about members of the public is of high value to cyber criminals, as it can be used to create false identities to commit other crimes," she says in the report.

"Despite these risks, we found that one agency had 37 privileged user accounts, including 33 that were dormant. The agency had no formal process to create, modify or deactivate privileged users."

Overall, Ms Crawford's report found 68 per cent of NSW government agencies "do not adequately manage privileged access to their systems".

In addition, she said, the audit determined that 61 per cent of agencies "do not regularly monitor the account activity of privileged users".

"This places those agencies at greater risk of not detecting compromised systems, data breaches and misuse," the report said.

The audit found 31 per cent of agencies "do not limit or restrict privileged access to appropriate personnel". Of those, just one-third monitor the account activity of privileged users.

It found that almost one-third of agencies breach their own security policies on user access.

The report warns that if agencies fail to implement proper controls "they may also breach NSW laws and policies and the international standards that they reference".

Read the full article here.

List of NSW Government Agencies Examined by NSW Auditor-General
Education
Department of Education
Family and Community Services
Department of Family and Community Services
New South Wales Land and Housing Corporation
Finance, Services and Innovation
Department of Finance, Services and Innovation * Specifically identified in report
Place Management NSW
Property NSW
Service NSW
Health
NSW Health
Industry
Department of Industry
Destination NSW
Forestry Corporation of New South Wales
Office of Sport
TAFE Commission
Water NSW
Justice
Department of Justice
Fire and Rescue NSW
Legal Aid Commission of New South Wales
NSW Police Force
Office of the NSW Rural Fire Service
Planning and Environment
Department of Planning and Environment
Essential Energy
Hunter Water Corporation
Landcom
Office of Environment and Heritage
Office of Local Government
Sydney Water Corporation
Premier and Cabinet
Department of Premier and Cabinet
Transport
NSW Trains
Rail Corporation New South Wales
Roads and Maritime Services
Sydney Trains
Transport for NSW
WCX M4 PTY Limited
WCX M5 PTY Limited
Treasury
Crown Finance Entity
Insurance and Care NSW
Lifetime Care and Support Authority
NSW Treasury Corporation
NSW Self Insurance Corporation


Some deficiencies were common across agencies

The most common internal control deficiencies were poor or absent IT controls related to:

user access management
password management
privileged access management
user acceptance testing.

The most common governance deficiencies related to:

management of cyber security risks
capital project governance
management of shared service arrangements
conflicts-of-interest management
gifts-and-benefits management
risk management maturity
ethical behaviour policies and statements.

President Trump still doesn't have outright victory for his policy of banning Muslim entry to USA and the legal fight opposing these bans enters its second year


The legal fight against President Donald J. Trump’s Muslim travel bans ended 2017 with another victory for the State of Hawaii et al and the fight now enters its second year on 3 February 2018.


For the third time, we are called upon to assess the legality of the President’s efforts to bar over 150 million nationals of six designated countries1 from entering the United States or being issued immigrant visas that they would ordinarily be qualified to receive. To do so, we must consider the statutory and constitutional limits of the President’s power to curtail entry of foreign nationals in this appeal of the district court’s order preliminarily enjoining portions of § 2 of Proclamation 9645 entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” (the “Proclamation”).

The Proclamation, like its predecessor executive orders, relies on the premise that the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., vests the President with broad powers to regulate the entry of aliens. Those powers, however, are not without limit. We conclude that the President’s issuance of the Proclamation once again exceeds the scope of his delegated authority. The Government’s interpretation of 8 U.S.C. § 1182(f) not only upends the carefully crafted immigration scheme Congress has enacted through the INA, but it deviates from the text of the statute, legislative history, and prior executive practice as well.

Further, the President did not satisfy the critical prerequisite Congress attached to his suspension authority: before blocking entry, he must first make a legally sufficient finding that the entry of the specified individuals would be “detrimental to the interests of the United States.” 8 U.S.C. § 1182(f). The Proclamation once again conflicts with the INA’s prohibition on nationality-based discrimination in the issuance of immigrant visas. Lastly, the President is without a separate source of constitutional authority to issue the Proclamation.

On these statutory bases, we affirm the district court’s order enjoining enforcement of the Proclamation’s §§ 2(a), (b), (c), (e), (g), and (h). We limit the scope of the preliminary injunction, however, to foreign nationals who have a bona fide relationship with a person or entity in the United States…..

For all of these reasons, we affirm in part and vacate in part the district court’s preliminary injunction order. We narrow the scope of the injunction to give relief only to those with a credible bona fide relationship with the United States, pursuant to the Supreme Court’s decision in IRAP, 137 S. Ct. at 2088. In light of the Supreme Court’s order staying this injunction pending “disposition of the Government’s petition for a writ of certiorari, if such writ is sought,” we stay our decision today pending Supreme Court review. Trump v. Hawai‘i, No. 17A550, — S. Ct. —, 2017 WL 5987406 (Dec. 4, 2017). Because we conclude that Plaintiffs have shown a likelihood of success on their statutory claims, we need not reach their constitutional claims.

Video of closing argument on behalf of Plaintiffs-Appellees:

The matter is ongoing in 2018.

Background can be found at University of Michigan Law School, Civil Rights Litigation Clearing House.