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The (defunct) Data Retention Directive Still Causes Harm

Notwithstanding the Data Retention Directive has been bashed by the EUCJ Ruling, there is a wide agreement on the fact that its national implementation might still be valid if not in contrast with the main Data Protection Directive.

Just yet, neither the Italian Parliament nor the Data Protection Authority ran the “stress test”, thus leaving ISPs into a void of uncertainty.

Furthermore, the news is new as today, there is a case where the actual providing of Internet access whose contract terminated back in 2010 has been challenged in court by the former customer. Under the Italian Supreme Court jurisprudence, in this case it is the ISP who must provide the evidence that the agreement has been fulfilled. But, guess what? Under the strict (and wrong) interpretation of the Data Retention Directive this ISP deleted the log files and now has problem in supporting its defense.

True, keeping the traffic data for legitimate purposes (such as legal defense) is allowed by the Data Protection Directive.

True, the Data Retention Directive can be interpreted as an exception that doesn’t overrule the Data Protection Directive.

True, an ISP has more than a chance (in theory) to successfully support its choice of keeping the traffic data for legal defense purposes even exceeding the mandatory term seth forth by the DRD.

But all this means fighting an all-round legal battle, explaining to the Court that the traffic data have been legally retained and are, thus, valid evidence, standing against a possible Data Protection Authority investigation, and so on.

To put it short: a waste of time, money and resources, that could be spared if only the Powers-that-be had dedicated a fraction of their time to solve this riddle, instead of toying with this Internet Bill of Right nonsense.

 

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The (Italian) Internet Bill of Rights To Get Momentum

Starting from Oct. 27 and for the next four months ahead, the “Commissione per i diritti e i doveri relativi ad Internet” (Commission for the rights and duties related to the Internet) of the Italian low chamber launched a series of hearing with the major Italian and European players to gather information and suggestion about this “revolutionary” initiative.

I wander who will have the … gut to tell them that:

  • there is no “mr. Internet”, the Internet as such being just a protocol,
  • the Internet doesn’t have rights. People do,
  • the European Convention of Human Rights already contains all the legal guarantee for a free (and law-abiding) use of the communication technologies, thus there is no need for another piece of nasty bureaucratic legislation,
  • the actual problem of the online ecosystem is the (still present) lack of a true commitment of the law enforcement and judicial community to properly understand the technical side of the issue so to create a reasonable case law,
  • the telco and ISP industry is paying a huge financial and technical cost for the illiteracy of lawmakers, public authorities, judges and law enforcers, with no actual benefit for the society,
  • these issues have been raised since 1994 and ahead, but nobody in the powers-that-be realm was available to hear it.

Let’s wait and see…

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There Is No Such Thing As “Business” Apple Store

By purchasing an Iphone and an Ipad through the Apple “Business” Store I discovered that to Apple there is no actual difference between a professional and a private customer: both orders fall within the same SAP pipeline and there is no “fast lane” for the corporate world (at least for the average “business Joe”.)

Furthermore, at least in Italy, Apple Financial Services (actually, GE Capital) ? doesn’t accept a digitally signed agreed, as on the contrary, the rest of the business and public administration bodies do.

Not too bad for a company that claims to be able to shape the future…

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Post scriptum to Apple’s legal and/or public relations directors: of course I do have evidence of what I ? just wrote. Sometimes it pays to be a lawyer 🙂

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The Roman Catholic Church Knows Better (about privacy and the Internet)

Monsignor Nunzio Galantino, the secretary of the Conferenza Episcopale Italiana (the permanent assembly of Roman Catholic Bishops) stated that (my translation)

The Internet is useful and effective, but the price we pay in term of privacy is huge

and, talking about the Data Protection Authority, he said

I don’t understand what these useless entities are worth for.

Of course he’s right, but the Italian Data Protection Commissioner (obviously) has a different opinion claiming that (again, my translation)

It is rather odd to call as useless the only entity that – within its powers – has always defended the human dignity from the “mud machine” 1, and from the plots arranged by those who want to turn the Internet into a space of violence and outlaws, form the totalitarian logic of the man-in-a-fishbowl.

Is this the same Data Protection Authority that failed to address the issues of the Telindus Router, the Android Spyware Case, The Pirate Bay Case, the Aruba Case, the Sony BMG rootkit case, that didn’t say a single word (while being informed) about the security concerns in relationship to the upcoming massive, trial-related personal data flood originated by the online shift of the Italian Civil Trial System, and that wasn’t able to prevent the leak of a confidential report?

 

  1. The reference is to a journalism idiomatic meaning the use of the media machine to soil somebody’s reputation ↩
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The Italian Internet Bill of Rights. The Trojan Horse Keeps Shaping

According to the Italian online newsmagazine Repubblica.it the Italian Bill of Rights endorsed by Boldrini, the leftist President of the Italian Low Chamber (Camera dei Deputati) is almost ready and will affirm principles such “net-neutrality”, “right to privacy”, “right to universal access” and so on.

If this is what is all this Internet Bill of Rights about, then much ado for practically nothing, since all the alleged “Internet Rights” are already broadly covered by existing laws and regulation but what we do lack is a fair enforcement. Copyright is one of the most blatant examples: the current law protects the author, gives him full control over his works and let him free to use whatever licensing model of choice. He has the right to be acknowledged as the creator of a work and to stop any detrimental use. But what happens in the real life is that these provisions are largely ignored because of the overwhelming power of those who make profit from authors’ work: the publishers. Thus, again, “rules” are the last needed thing in the world.

Of course (and hopefully) this Internet Bill of Rights will never be turned into a real, parliament-passed law. Nevertheless shall become a political platform to ease the shift of the legal liability from the single users who commits a crime or is lazy in protecting his rights to the Telco Industry.

This is not acceptable.