COVID-19: the fear of a Police State created a State of policemen

Originally published in Italian by Formiche.net

The Italian controversies on contact-tracing highlights a cultural failure: the misunderstanding of privacy and how to protect it. In short: for fear of an abstract danger of a Police State, we have accepted the concrete fact of having transformed Italy into a State of policemen. A State where the concrete and immediate application of the law protecting public order and (health) safety is entrusted with confusing rules applied arbitrarily. Continue reading “COVID-19: the fear of a Police State created a State of policemen”

Coronavirus: how does Chinese propaganda work

by Andrea Monti – originally published in Italian by Formiche.net

How and why the Chinese satirical video is a masterpiece of propaganda, that contrasts with a factual and calm narrative American action based on illations and not on facts. The analysis of Andrea Monti, adjunct professor of Order and public security at the Gabriele d’Annunzio University of Chieti-Pescara

China officially responds with a video titled Once upon a virus to the accusations launched by US Secretary of State Mike Pompeo in an interview with Abc. This video is a masterpiece of propaganda that counters with a factual and calm narrative the American action based on illations and not on facts. But this is just the tip of the iceberg because Once upon a virus is an incredible PsyOps exercise. Continue reading “Coronavirus: how does Chinese propaganda work”

Platforms’ liability for news theft

by Andrea Monti (originally published in Italian by IlSole24Ore – May 1, 2020)

The criminal investigations against the unlawful distribution of newspapers, periodicals and books are interesting in several respects. Firstly, it is a step towards making those who commit a crime by hiding behind the screen of a smartphone, i.e. the user of a service, responsible for their course of action. Secondly, it focuses on “platforms”, i.e. those operators who “rely” on the access network to make profits and who therefore can immediately provide data to prosecutors and perform selective blocking. Thirdly, and as a consequence, it puts again on the table the issue of the actual (non) neutrality of platforms. EU Directive 31/00 is evident in this respect: operators who do not interfere in users’ behaviour must not perform pre-emptive monitoring. But those who, like platforms, are not “neutral” to those who use them should not be able to take advantage of this possibility, as has been happening for some time in Italy and Europe.

Hopefully, the European Union eventually decide to give platforms an autonomous legal status and liability. However, these criminal investigations create a legal precedent on another very technical but essential issue: the possibility of configuring a responsibility (whether under the criminal intent or other liability doctrines) for crime by design. The idea is simple: as in any human action, when somebody decides to do something, has to make sure that it does not cause damage and upholds the law. If somebody designs a platform (or a business model that exploits it) without mechanisms that prevent its illicit use, and the absence of these mechanisms is what makes my product/service successful, then he cannot deflect his liability.

In this specific case, therefore, it is necessary to understand the way Telegram works and assess, for example, if it is a provider of a press distribution service and then if the entire revenue generation model is based on service neutrality.

Finally, this case is the test-bed for that case law (Cass. penale, sez.II sent. 11959/20) that, after only twenty-five years from the first theoretical elaborations, finally recognizes the nature of “thing” to data and files. This jurisprudence opens the possibility to charge a defendant not only of copyright infringements but also of serious crimes such as money laundering or receiving stolen goods. In this case, it would be possible to claim more substantial charges for the perpetrators of the offences, and more dissuasive for those who have “nasty thoughts”.

COVID-19: the Italian Scientific Committee and the Fake Goebbels’ Second Law of Propaganda

The Italian Government decided to “manage” the Lockdown exit-strategy based on an “Evaluation of reopening policies using social contacts and occupational exposure risk“. This risk analysis, being based on a statistical model, is supposed to provide a “scientific” ground to support the operational choices to return to the (a)normality.

“It’s about time!” you could say, “finally someone decided to use the numbers correctly, instead of calculating percentages on unreliable data and deducing “trends” of mortality and lethality based on confused and unclear definitions!

The enthusiasm for a newfound rigour in policing-by-numbers, however, ends immediately after reading the first pages of the report: Continue reading “COVID-19: the Italian Scientific Committee and the Fake Goebbels’ Second Law of Propaganda”

COVID-19: Contact-Tracing in Italy between Science and Religion

The public debate in Italy on contact tracing is  rightly focused on the “obscurity” of how the Government has chosen the software, how does the software works and on concerns – more than about “privacy” – about the way citizens’ data are selected, collected and managed.

There are, however, two issues that would have needed a preemptive consideration.

Firstly, about the technological solution identified – or rather, “blessed” by the Italian Government: Bluetooth.

For days and days, the more or less technically competent narrative had crowned the Bluetooth as the only tool capable of achieving effective contact tracing. Then, some Jiminy Cricket (in English, and therefore unfortunately not intelligible in Italy where the “no spik inglisc” is a boast and not a shame) advanced some doubts about the fact that, for example, the range of the Bluetooth is excessive and therefore can generate unreliable results. The thing is so evident that Google has included the possibility to attenuate the signal strength among the features that can be managed via API by third-party programmers.

class? ?MatchingOptions? {? ?/**
* The signal strength attenuation value that must be reached within the exposure * duration? ?before the match is returned to the client. Attenuation is defined
* as the advertiser's TX power minus the scanner's RSSI.
*
* This value must have range 0-255.
*/

If using Bluetooth has issues, and before Google allowed a way to mitigate it, this was not possible, how did the Government decide that software A was better than software B?

How did the Government decide that this particular software was fit for the job?

Which brings us to the second issue, which is related to providing answers without knowing questions.

In theory, contact-tracing software could:

  • allow one to understand ex-post, once one was infected, whom they came into contact with,
  • warn in real-time if somebody is close to an infected person
  • enable people to avoid dangerous places due to the presence of infected people, crowds or both,
  • inform the authorities if someone is violating the mandatory quarantine,
  • allow everything, nothing or maybe anything else – like sharing data with medical-scientific research.

Deciding which options to pursue is not a technical or “privacy” issue but a matter of public policy, i.e. of the definition of public health protection objectives. But since there is no trace of this debate – at least publicly – it is difficult to disagree with the aforementioned Jiminy Cricket when he concludes:

All that said, I suspect the tracing apps are really just do-something-itis. Most countries now seem past the point where contact tracing is a high priority; even Singapore has had to go into lockdown. If it becomes a priority during the second wave, we will need a lot more contact tracers: last week, 999 calls in Cambridge had a 40-minute wait and it took ambulances six hours to arrive. We cannot field an app that will cause more worried well people to phone 999.

Which brings us directly to another important and neglected issue: the relationship between science, technology and the ability of the policymaker to understand to decide. As I write in an (I hope) forthcoming article,

In principle, looking at science as a constituent element of a political choice poses four orders of problems:
– not everything that is called “science” is science;
– science offers explanations and not certainties with limited validity;
– being a good scientist does not imply also having political sensitivity;
– a political decision can diverge from a scientific evaluation by way of opportunity – or ignorance.

In the case of the Italian contact tracing software (which yet another nudging application led Google to rename in a less threatening “Exposure Notification”) there are no elements to understand how the software was selected.

This happens not only and not so much because you don’t know how it works, there is no evidence of what data it collects and how it manages them, but because, precisely, who decides continues to give answers to questions that are not there.