Pro Huawei (and all national security technology providers)

Passed to manage national security problems caused by the use of Chinese technology, a Prime Minister Decree dictates new and problematic rules for contracts negotiation in the Italian telco market by Andrea Monti – published initially in Italian by Infosec.News

This article analyses the issues related to the practical application of the Conte-Huawei Decree issued last August 7, 2020, which sets out the conditions under which TIM S.p.a. can use Huawei’s 5G technology, reducing to an acceptable level the national security risk also feared by the Italian Parliamentary Committee on Secret Services (COPASIR), after the alarms launched by the USA. The article highlights the critical issues arising from a legally incorrect approach and concludes that the solution adopted by the Italian Government is worse than the problem it tried to fix.

Before going ahead, however, it would be preferable to read another article that analyses the strategic problems affecting the Decree. Continue reading “Pro Huawei (and all national security technology providers)”

August 29, 2020August 29, 2020

Data transfer in the USA, restrictions from the German Data Protection Authority

Unbreakable cryptographic systems requested, but technical requirements are missing
by Andrea Monti – initially published in Italian by IlSole24Ore-Norme e Tributi

On 24 August 2020, the data protection authority of Baden-Württemberg (one of the sixteen federal states of Germany) issued guidelines for the international transfer of personal data, which impose strict rules on interaction with third countries and in particular with the USA. The guidelines, which are only valid within the German state, became necessary following the “Schrems II” ruling issued on 16 July 2020 by which the European Court of Justice annulled the European Commission’s “privacy shield” which allowed the exchange of data with the USA. Continue reading “Data transfer in the USA, restrictions from the German Data Protection Authority”

August 25, 2020

The role of software and technological dependence in US geopolitical strategies in the Far East and beyond

The control over software is the leverage of the US strategy of expansion in the Far East. This strategy includes the sale, in anti-Chinese function, of armaments to countries in the Indo-Pacific area qualified as “like-minded partners” or “allies” also in the absence of formalisation in treaties such as, for example, that of NATO by Andrea Monti

The software has become a central element of national security protection (or vulnerability) because the functioning of the equipment and systems that make a country’s network work depends on it. Its robustness, however, besides being the first line of defence in technical terms, is also a very efficient geopolitical control tool. Continue reading “The role of software and technological dependence in US geopolitical strategies in the Far East and beyond”

August 24, 2020August 24, 2020

Critical Issues of the Conte-Huawei decree

TIM may use 5G equipment produced by Huawei, provided that it follows the rules dictated by the Presidency of the Council. Is national security safe? by Andrea Monti – originally published in Italian by Infosec.News

Background

On 7 August 2020, the Prime Minister’s Office issued a decree setting out the conditions under which Huawei can provide Italy, through former network monopolist TIM S.p.a., with its 5G infrastructure.

Apart from constitutional issues (yet another ‘creative’ use of the Prime Minister’s Decree, after the management of the COVID-19 lockdown) and political aspects (the decree would neither be a ‘surrender’ to China nor, therefore, a ‘betrayal’ of the Atlantic allies), the Conte-Huawei Decree raises several legal and technical doubts about its real effectiveness. Continue reading “Critical Issues of the Conte-Huawei decree”

August 23, 2020August 23, 2020

Amazon to compensate damages caused by a product sold in its marketplace.

Platforms are liable of what they do: so says a ruling of the California Court of Appeals by Andrea Monti – originally published in Italian by Wired.it

The Bolger vs Amazon.com Inc. ruling, issued by the California Court of Appeals on August 13, overturns the first-degree verdict and establishes Amazon.com is liable for damages caused by products made available through its website, also if the customer buys from a seller operating in the marketplace in “Fulfilled by Amazon” mode.

Continue reading “Amazon to compensate damages caused by a product sold in its marketplace.”