Digital Policy Tracker
Oceania
When 25.10.2021 Where Australia, Oceania Who Austrlian Goverment, Big tech
The Australian Goverment has released the exposure draft of the Online Privacy Bill which provides for strict new privacy requirements, including stronger protections for children on social media. Under the code social media platforms will be required to take all reasonable steps to verify their users' age, and give consideration to the interests of the child when handling personal information. The code will also require platforms to obtain parental consent for users under the age of 16. The Attorney-General observed that the legislation was an effort to force tech companies to responsibly handle user data. The government also pointed to evidence that the mental health of young people had deteriorated in recent years and was linked to social media.
The critics of the Big Tech have warned the social media media giants should not be involved in the drafting of the code, saying it had the potential to “dramatically reshape children’s experiences in the digital world for the better.”
#Bigtech #intermediaryliability #socialmediaregulation
When 13.10.2021 Where Australia, Oceania Who Austrlian Goverment, Big tech
The Australian government is considering a range of measures that could hold social media firms more accountable for defamatory and abusive content posted onto their platforms. There is a consultation process underway looking at what kind of liabilities should the platforms have concerning those posts. Last week, the Prime Minister described social media as a “coward’s palace” where users can hide behind anonymity and "say the most foul and offensive things to people and do so with impunity.” In such instances, the social media companies should be treated as publishers, he noted. The Australian government has taken active steps in the last few years to establish legal and regulatory frameworks for social media giants. This year Australia passed a law that required Google and Facebook to pay local media outlets and publishers to link their content in news feeds or search results. Similarly, Australia this year passed legislation that allows the country’s eSafety commissioner to order platforms to take down posts or materials deemed “menacing, harassing or offensive.”
#Bigtech #intermediaryliability #socialmediaregulation
When 28.09.2021 Where Australia, Oceania Who ACCC, Google
The Australian Competition and Consumer Commission (ACCC) is considering regulatory action against Google due to its dominance in the online-advertising sector. In a report, the ACCC has noted that Google has a dominant position in key parts of the advertising technology supply chain. They also observed that lack of competition can lead to higher ad tech fees which would ultimately result in consumers paying more for advertised goods. Finally, the report highlighted that the current competition laws in Australia were insufficient to fully address the issue. Google in response has argued that businesses benefit from using its services in the form of cost savings, time savings and business growth. Google spokesperson also noted that Google enables small businesses to reach customers and grow. Australia has taken an aggressive stance on regulating US tech giants that have taken an aggressive approach while regulating US tech giants. For instance earlier this year, the Australian government mandated big tech companies, including Google and Facebook, to pay news publishers for content.
#bigtech #anticompetitionlaw #online advertisment
When 03.09.2021 Where Australia, Oceania Who Bank of Australia
The Reserve Bank of Australia (RBA) has decided to conduct trials with other central banks to test the use of central bank digital currencies (CBDC) for wholesale international settlements. The project aims to develop a prototype shared platform for cross-border transactions using multiple CBDCs. Such a platform will enable financial institutions to transact directly in CBDCs, which could eliminate the need for intermediaries and reduce the time and cost of transactions. This move can be traced to development made back in 2020. That year the Australian Government had announced a review into the regulatory architecture of the country's payments system to ensure it is suitable for continued innovation and to remain internationally competitive. The project can help create a robust payments environment and is essential to Australia's digital economy.
#CBDC #digitaleconomy #cryptoregulations
When 30.08.2021 Where Australia, Oceania Who Australian Government, Google, Apple
The Australian Government is currently contemplating the best way to overhaul its current infrastructure for financial regulation to enable stronger oversight of digital wallets and payments from Big Tech companies like Apple, Google, WeChat and others. The regulatory framework for payments has remained largely unchanged since 1996. The current framework does not regulate payment services provided by big tech. The regulations being considered will empower the treasurer to classify Big Tech platforms as designated payment systems. This announcement has come a month after the call by Bank for International Settlements (BIS) earlier this month for financial watchdogs to urgently get to grips with the growing influence of ‘Big Tech.’
If the proposal gets transformed into legislation it would help the government evolve the current framework in face of new technological innovations and new business models.
#big tech #digital payment #digitalwallets
When 27.08.2021 Where Australia, Oceania Who ACCC
The Australian Competition and Consumer Commission (ACCC) chairman has called for a reform in the current mergers legal framework to stamp out “killer acquisitions.” Currently, companies can bypass the ACCC and directly go to the Federal Court to gain merger clearance. When the ACCC opposes mergers as it did with the TPG’s acquisition of Vodafone last year, it must provide hard evidence that it is likely to lessen the competition in the future substantially. Mr Sims, chairman of ACCC, has noted that this places a high burden of proof upon the ACCC. It was the reason for their recent string of court losses, including the TPG/Vodafone merger and AGL’s acquisition of Macquarie Generation. ACCC Chairman recommends that companies only approach the ACCC for clearance which would be in line with “most merger regimes internationally”. However, the Morrison government will unlikely pursue the changes Mr Sims outlined, citing its reluctance to place more regulatory burdens on Australian businesses as the economy recovers from Covid-19.
#anticompetitionlaw
#mergers
#big tech
When 25.08.2021 Where Australia, Oceania Who Australian Government, Australian Senate
The Australian Senate has passed the Surveillance Legislation Amendment (Identify and Disrupt) Bill that expands the power of law enforcement agencies to identify and disrupt suspected online criminal activity. The law provides law enforcement agencies to collect intelligence on criminal networks, take control of online accounts and modify or delete the data of suspected offenders. The law also places an onerous criminal penalty anyone who refuses to comply can face up to 10 years’ imprisonment. The Office of the Australian Information Commissioner (OAIC) previously warned that the new warrant powers could adversely impact the privacy of a large number of individuals – including those with no suspected involvement in criminal activity. Similarly, the Australian Parliamentary Joint Committee on Intelligence and Security (PJCIS) , echoing the concern raised by OAIC, had recommended thirty-three amendments to the law. However, the law has been passed without any major amendment. The law in its current form would allow the state to take actions against dissenters and would chill activity online.
#cybersecurity #cybercrime #surveillance
When 06.08.2021 Where Australia, Oceania Who OAIC
The Office of the Australian Information Commissioner (OAIC) has opened an investigation into the 2019 Optus data breach, which saw the personal details of 50,000 customers published in the White Pages. The details included the names, addresses and mobile phone numbers of the customers. Optus notified the customers of the breach soon after and it blamed it on a systematic error. Two years after the breach the OAIC opened its investigation. The OAIC statement highlighted two purposes of the investigation to determine if there were any systematic issues in the security systems and the extent of harm caused by the data leak.The investigation could take years, based on their other similar probes, and it is unclear how serious any determination may be. The OAIC in the past in many data breach determinations has only required taking measures to improve information systems and governance. Even in the case of Uber's massive data breach for which other nation's regulators had imposed hefty fines, the OAIC has only asked Uber for punitive measures.
#privacy #databreach #cybersecurity
When 06.08.2021 Where Australia, Oceania Who Australian Government, PJCIS
The Australian Parliamentary Joint Committee on Intelligence and Security (PJCIS) recently released its report on the Surveillance Legislation Amendment (Identify and Disrupt) Bill, 2020. The Committee's report echoes the Australian Information Commissioner's concerns that the bill gives wide-ranging and coercive powers to security agencies. Contextualised through thirty-three proposed amendments, the report categorises the same into three subsets: those promoting oversight and accountability, promoting transparency and, laying down safeguards. The suggested amendments would constrain the sweeping powers of the agencies under the existing bill.
#cybersecurity
#cybercrime #surveillance
When 16.07.2021 Where Australia, Oceania Who Australian Government, Law Enforcement
The Australian Government has created a new multi-agency taskforce, called Operation Orcus in response to the surge of ransomware attacks, which have increased by over 60% from last year. This taskforce is the first concrete response by the Government in this regard, who until recently, only resorted to issuing warnings in the event of such attacks.The government has described the taskforce as a tough measure that would crack down on organized crime. However, the effectiveness of the taskforce is questionable because the law enforcement agencies do not have the power under law to compel cooperation from businesses, and reports highlight how a larger number of businesses are unwilling to cooperate with law enforcement. The Australian Strategic Policy similarly, explained how this was one of the biggest hurdles in the law enforcement fight against ransomware attacks.
#ransomware #cyberattack #cybersecurity
When 13.07.2021 Where Australia, Oceania Who OAIC, Uber
The Australian Information Commissioner and Privacy Commission (OAIC) determined that Uber and Uber B.V. interfered with the privacy of an estimated 1.2 million Australians while responding to the cyberattacks in October and November 2016. OAIC found Uber companies user's privacy by not taking reasonable steps to prevent unauthorised access of personal information and they did not lay down security procedures and systems following prescribed best practices. Moreover, Uber companies did not disclose the breach immediately, rather they paid the attack to get the attacks to delete the data.This case raised the important and complex issue of whether Australia's Privacy Act applied to overseas-based companies that outsource Australia's personal data. The OAIC answers this question affirmatively. This ruling will help clarify the responsibility of global corporations under Australian privacy law.
#databreach #cyberattack #cybersecurity
When 09.07.2021 Where Australia, Oceania Who Australian Government, Big Tech
The Australian Government introduced the Security Legislation Amendment (Critical Infrastructure) Bill in December last year, in response to an increasing threat of cyberattacks. During a parliamentary inquiry about the same, tech companies
raised issues about how measures outlined in the Bill would provide extensive power to the government to gather information, issue directions to companies, or to autonomously intervene in situations without providing meaningful safeguards and oversight as a counterweight. Overall, the companies called for a regulatory framework that was more balanced and respectful of their own systems.In the past few years, Australia has
introduced cybersecurity laws that have provided the government with extraordinary powers, and often this has been met with
pushback from the tech industry.
#techregulation #cyberattack #techgovernance
Australia's Competition Commission authorizes a regional newspapers industry group to negotiate with Big Tech
When
01.07.2021
Where
Australia, Oceania
Who
ACCC, Google, Facebook, Country Press
The Australian Competition and Consumer Commission (ACCC) has issued draft proposals to allow a regional newspapers industry group to negotiate with Google and Facebook to hammer out the details of a payments deal for the news content used by tech companies on their platform. This development is a direct result of Australia passing a
landmark law (The News Media Bargaining Code) which requires tech firms to provide fair compensation to media companies for the content on their platforms. The law will only have a lasting legacy if it facilitates fair deals between tech firms and domestic media firms especially the smaller ones.Early
reports suggest that the law has allowed a handful of big media players to strike deals with tech corporations; however, for small and independent publishers the process for securing deals has been more arduous.
#bigtech #journalism #internetregulation
Calls to stop the state police from using the national facial recognition system without statutory backing
When
30.06.2021
Where
Australia, Oceania
Who
Australian Government, States Law Enforcement
It was reported that the New South Wales Police was testing out the national facial recognition system for criminal investigation. Calls were raised against this move citing lack of safeguards and oversight. The national facial recognition database is not backed by law and efforts to introduce it failed in 2019 when the proposed bill was rejected for providing extensive surveillance powers. The Australian Human Rights Commission had already noted that law enforcement unless there are proper safeguards in place. However, even without safeguards and a legal sanction states including NSW have been uploading personal data to the database. This development is part of a wider trend in Australia that started with the “war on terror” of providing the government with exceptional law enforcement and surveillance powers; this has led to an endless barrage of national security legislation and surveillance cameras and facial recognition system technology being deployed widely across the country.
#statesurvillance #facialrecognitiontechnology #privacy
When
22.06.2021
Where
New Zealand, Oceania
Who Government of
New Zealand
This Bill was introduced as part of the regulatory responses that were brought in after the Christchurch Shootings. These included a review of the existing legal content regulatory arrangements, an online awareness campaign, and the Christchurch Call Summit that brought governments and tech companies together with the aim to eliminate violent extremist content online.The bill allowed government agencies to issue takedown notices and punish non-compliant websites. Moreover, it provided power to the government to create internet filters for preventing access to objectionable content. Finally, the bill empowered the Chief Censor, to take actions against objectionable content. It was the internet filter provisions that received overwhelming opposition from almost all parties. The concerns about the provision were that it provided drastic powers without significant oversight and transparency.
#censorship #contentmoderation #digitalgovernance
When 22.06.2021 Where Australia, Oceania Who Australian eSafety Commissioner
The Australian eSafety Commissioner in 2018 launched their SafetybyDesign campaign which places safety and privacy at the centre of product development. It aims to ensure that safety is a primary consideration instead of the product being retrospectively fitted with safeguards. The latest development to this project is the online safety assessment tools for start-ups and enterprise companies. The assessment considers five factors: [i] transparency and accountability, [ii] structure and leadership, [iii] user empowerment, [iv] moderation, escalation, and enforcement, and [v] internal policies and procedures. These tools have been designed in consultation with industry - and in conjunction with the recent Online Safety Bill, is trying to integrate newer governance methods into the dynamic space of content regulation.
#techregulation #safetybydesign
When 22.06.2021 Where Australia, Oceania Who Australian Government
Australia’s Senate passed the Online Safety Bill to provide greater protection and redress to the victims of cyber abuse. This bill is the result of a reform process that began in 2018 with the Government reviewing its existing online safety laws. A prominent provision under the bill requires intermediaries to take down 'harmful’ material within 24 hours of notification and imposes for penalties for both, individuals who generate/share abusive content and intermediaries to whom the takedown notices are served. The bill also provides more power to the eSafety Commissioner to investigate and unmask anonymous accounts. It also grants the commissioner stronger powers to block domains and URLs. The bill, if passed by the Parliament's lower house, would place more stringent intermediary regulations in the country.
#intermediaryliability #cyber bullying #privacy
When 22.06.2021 Where Australia, Oceania Who Australian Competition Commission, Vodafone
Rod Sims, the Chairman of the Australia Competition and Consumer Commission (ACCC) has released a statement targeting TPG and Vodafone’s merger for the increase in telephone prices in the country over the last year. Rod Sims reiterated that this was the reason the ACCC had opposed the merger as it would lead to the competition being muted and customers having to pay more. This statement is part of Sims' campaign for tougher merger laws and the increase of ACCC's powers. Sims shall release their proposal for stronger merger powers in two months. Thus, it would be important to monitor statements and developments from the ACCC to understand the potential changes to Australia's anti-competition law.
#competitionlaw #telecomregulation #mergers
When 21.06.2021 Where Australia, Oceania Who Australian federal opposition
The Australian federal opposition has introduced a bill which, if passed, would require businesses and government agencies to report to the Australian Cyber Security Centre before paying ransom for a ransomware attack. The purpose of the bill is to compel the cooperation from the entities and to gain information intelligence. This move comes after a recent spate of high-profile cyber-attacks involving ransomware in the last 18 months i Australia. The opposition has been pushing for this since last February but the Australian Government till now has resisted the calls and has only issued advisories.
#cybersecurity #cyberattacks #ransomware
When 18.05.2021 Where Australia, Oceania Who Australian institutions
Owing to the recent ransomware attacks in the US, cybercrime experts warn Australia about similar attacks and the need for more robust cybersecurity. With the pandemic, the health care system is more prone to such an attack. Other institutions like public organizations and educational institutions may also face similar cyberattacks. Recent events and such a threat show how cybercrime is no longer just impacting the digital world but public life.
#cybercrimes #criticalinfrastructures #cybersecurity
When 22.04.2021 Where Australia, Oceania Who Australian and Indian universities
Australia and India have teamed up to work on development of critical and emerging technologies such as artificial intelligence, 5G networks, the internet of things and quantum computing through a research grant programme. They aim to contribute to the global tech ecosystem by inculcating the shared vision of an open, free, rules-based Indo-Pacific region. A core area of the project is to integrate ethical frameworks,enhanced technical standards and knowledge on critical technologies.
#techgovernance #criticaltechnologies
When 16.04.2021 Where Australia, Oceania Who Google, Competition & Consumer Commission
As per the federal court, android users were misled by Google about their personal location data collection. According to Google, if the new users turned off their locaton history, the new app would not be able to track their location. However, a default setting 'web & app actvity' allowed Google to collection personal location data. Such privacy breach is against Australian law, the ACCC viewed this as a personal victory in the field of protecting consumer data.
#dataprotection #privacy
When 23.03.2021 Where Australia, Oceania Who OAIC,Australian Parliament
Data Availability and Transparency (DAT) Bill was introduced in December 2020 to help protect public data. The OAIC has asked for additional privacy measures that would provide clarity for data scheme entities about their privacy obligations and individuals greater protection.
#dataprotection #privacy
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