The Data Protection Authority Leak And The (Now) Hard To Find Article

The title that links the article about the leaked Italian Data Protection Authority secret report is no more easily accessible on Repubblica.it (the newspaper that did the scoop.) There is no trace of this link in the home-page, and the title is missed in the Technology section.

If you are quick enough, a one minute short video clip gives you the possibility to click an anonymous link (labelled “Leggi su Repubblica.it” – “Read it on Repubblica.it”) and finally the article comes on screen.

Technically speaking, then, the article is still online but now in a hard-to-find form. And this is rather odd, because other older and less important articles (such as the valueless research on the personal data selling price) are still featured in the technology section of this newspaper.

Coca-Cola And The True Meaning Of Copyright

The new Coca-Cola marketing campaign in Italy puts on its bottles quotes from popular Italian songs. Of course this has been previously negotiated with the copyrights holders but not with the single artists that sold their song to the music label.

Technically speaking, Coca-Cola did nothing wrong and its activity is perfectly legal. But one of the featured singers, Caparezza, didn’t like his songs to be exploited the Coca-Cola way.

Under Italian Copyright Law, Caparezza and – broadly speaking – an artist have no actual protection in such case since once the tune has been sold to a music label, the musician only retains the “moral right” (mainly the right to be credited as the author, and the right to oppose any mutilation of his work.)

So the question is: whose interests copyright is supposed to take care of?

An Italian Data Protecion Authority Secret Report Leak?

According to an Italian newsmagazine, a non-for-public eyes investigation of the Italian Data Protection Act would have found severe security problems in the management of the Internet Exchange Points (the points of the Italian telecommunication network where the various telco networks are mutually interconnected.)

A first remark is that the King is – or might be – naked. If this secret report actually exists (and the IDPA didn’t deny its existence) and has been leaked, the Authority’s information security is not that good, and – therefore – the IDPA should fine itself for this non compliance, instead of just targeting the rest of the (industrial) world.

Coming to the heart of the matter, in the words of the journalists that authored the article:

there is an enormous black hole in the security of the Italian telecommunications. A hole so wide that allows whoever with a proper equipment to have available phone calls, SMS, emails, chat, and social-network posted contents.

The journalists claim that the report verbatim says:

These device are equipped by technical features that can allow the traffic duplication, in real time, of the traffic in transit diverting it to another port (port mirroring)

and that

if somebody wanted to look at the traffic in transit this would be easily done with specific analysis tools …

It is amazing how this article – and the IDPA findings, if proven true – are so poorly legally and technically savvy because:

  • the possibility of performing a port mirroring is necessary to the public prosecution and intelligence agency activities. The point, then, is how and by who these feature are exploited rather than its mere existence, that like-it-or-not are necessary for investigative purposes. One day, maybe, it will be possible to disclose some of the ways traffic data information are asked, but this is another story…
  • there is no evidence of the port mirroring features being abused, misused or cracked,
  • performing a port mirroring in an Internet Exchange Point is not as easy as the article and the IDPA report(?) says: it is not like Independence Day computer virus uploading or Swordfish’s Hugh Jackman “under pressure” hack,
  • there is an easy way, available almost since day one of the pre-internet era to protect users’ communications without caring of what the ISPs do: client-based encryption. But I assume that the Minster of home affair wouldn’t like an IDPA endorsement of the “crypto-for-the-masses” slogan,
  • oddly enough, the IDPA secret report (if true) doesn’t address the serious problem of network devices proprietary firmware and operating systems that prevent an ISP to check on its own the existence of backdoors (as in the recent Cisco affair) and other security flaws.

The Internet Bill of Rights. A Dangerous And Useless Idea

Italy (or at least, a little but noisy group of old-school netizens, politicians and academics) is in pole-position at the race for the Internet Bill of Rights, a sort of “constitution” to grant “internet rights” to the people.

The Internet Bill of Rights is useless because doesn’t add a set of rights that we don’t own just yet, and is dangerous because, on the contrary, would add more confusion to a rather chaotic situation.

In the Western World we have plenty of rights such as: data-protection, personal privacy, free-speech, freedom of commerce, freedom for press, copyleft and copyright. But what we actually lack – in Italy for sure – is a FAIR ENFORCEMENT of these rights: the fundamental rights that are taken for granted on paper, when challenged in court or in the parliament are twisted and torched to meet the need of the moment.

Think of the ridiculous extension made by local courts first and then by the Corte di cassazione (the Italian Supreme Court) of the “seizure” legal concept up to including the Internet traffic filter, or the way the Italian Data Protection Authority is working as a censorship machine, taking over the freedom of press, the Communication Authority, that self-gave the power to shut down Internet resources accused of copyright infringement, without any judicial review or, yet, the Antitrust authority that has been given the power (that was supposed to be reserved for a judge) to tell as illegal a contractual provision between a professional and a consumer…

This is typically Italian: pretend to fix a problem by passing a law, and immediately forget to check whether and how is enforced. And when the “need” arises, the old joke comes into play: law is enforced against enemies, interpreted towards friends.

The Economics of Personal Data And The (Reckless?) Use Of Unreliable Statistics

A paper by a scholar of the university of Trento (IT), co-authored by people from the Kessler Foundation,Telefonica Network, Telecom Italia and Google finds that we are ready to sell our personal data for about two Euros.

Although the conclusions are – in principle – fair enough and match the “gut-feeling” of whoever works in the field of the personal-data handling, I wonder how it would be possible to draw statistics evidence by the criteria adopted.

I’m not a statisticians, but the only part of the paper dedicated to the sample’s composition reads:

All volunteers were recruited within the target group of young families with children, using a snowball sampling approach where existing study subjects recruit future subjects from among their acquaintances … A total of 60 volunteers from the living lab chose to participate in our mobile personal data monetization study. Par- ticipants’ age ranged from 28 to 44 years old (μ = 38, σ = 3.4). They held a variety of occupations and education levels, ranging from high school diplomas to PhD degrees.
All were savvy Android users who had used the smartphones provided by the living lab since November 2012. Regard- ing their socio-economic status, the average personal net in- come amounted to e21169 per year (σ = 5955); while the average family net income amounted to e 36915 per year (σ = 10961). All participants lived in Italy and the vast majority were of Italian nationality.

While, again, I have a limited knowledge of the statistic, there are a few oddities in the method applied by the researchers that undermine the value of the findings:

  1. The sample is made by only 60 people, belonging to young (wealthy enough) young families with children. This isn’t actually a fair depiction of the Italian socio-economics. Furthermore, there are neither enough information about the socio-economic status nor the ? geographic location of the participants to actually understand the sample quality.
  2. Even Wikpedia knows that the “snowballing” sample selection method is known to be prone to biases. No evidence are given in this paper of who the biases are handled.
  3. Though broadly used, Android isn’t the only platform. A well balanced sample should have taken into account Blackberry, IOS and Windows Mobile (or whatever the name.)
  4. The “measurements” of individual traits data relies upon psychological categories and methods. Psychology is not a science and putting a bunch of equations into an highly subjective discipline doesn’t turn it to hard science (I know, I know, positivism is dead, natural sciences aren’t so “absolute” etc. But try to send a rocket to the moon by assessing the “mood” of a ballistic trajectory and tell me the results.)

Before concluding that this paper offers no scientific evidence of its findings I would like to have these (and maybe other, expert-made) questions be answered. But I’m afraid that the final judgements wouldn’t change.

A final remark: the lack of scientific method shown in this paper is dangerous because, as often happens, poorly informed journalists jump on the news and “sell” it without any warning to the readers, thus luring them – and the Data Protection Authority, I fear – into thinking that what is a limited, partial and non-relevant work actually drives to factual conclusions.