As expected, Privacy Shield has been challenged in front of the EUCJ.
Before wasting time and money trying to comply with this DOA thing, it would be safe to wait for the judgement.
On ICT law, politics and other digital stuff
As expected, Privacy Shield has been challenged in front of the EUCJ.
Before wasting time and money trying to comply with this DOA thing, it would be safe to wait for the judgement.
According to Andrea Orlando, Italian Minister of Justice, Italy plans to fight? the war on terrorism on Playstations.
In a press conference, Mr. Orlando said that new technologies are exploited by terrorists, and it is imperative to keep pace with the innovation, by allowing the capability to wiretap chat (whatever this means) and Playstations.
Apart from the merit of the issue (we might either agree or not about the strategy, but this is a horse of different colour) what matters is the clear uneasiness of the Minister in? talking about topics he’s clearly not knowledgeable in.
I really wander how the law enforcement agencies will be able to extract something useful by wiretapping network games that deal with assaults, terrorist actions, covert operation and so on.
Will they be able to sort the truth from the game?
Are we on the verge of a new Steve Jackson Games scandal?
The usual approximation showed by a politician in charge of taking the lead on technology-related issues shows that key decision on such a sensitive matters are made elsewhere, by someone else not at all well versed in the matter. And it would be interesting to know who this “Mr. Someoneelse” actually is.
To have a better grasp on the operative issues before talking to the Press,? maybe it wouldn’t had been a bad idea? for the Minister to spend some spare time playing Call of duty or Splinter cell.
What happened to Hacking Team neither is the first nor will be the last time a security company that lives by the sword, dies by the sword. Neither this is the first nor will be the last time that huge quantity of critical data are made available through the Internet.
So, to some extent, there is actually nothing new under the sun in the fact itself. This is why – putting aside the legal issues involved – I can hardly understand all the rants aimed at Hacking Team.
It is interesting, though, analyze the “claims” that some “expert” did about the story. To make my points, instead of talking about someone in particular, I’d rather refer in general to the accusations made against HT, so:
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Post Scriptum: Though I met David Vincenzetti about eighteen years ago at the Department of Computer Science in the Milan University and a couple of times in the following years, I never worked with or for him.
A significant part of the aftermath of an event is the so called “post mortem”: a thorough analysis of ? what went right, what wrong and why.
While “post-mortem” is a common practice within complex organizations and helps detecting flaws to be fixed or positive actions to be standardized, it must not be confused with the “rolling-barrell” attitude of putting the load of a (ex-post proven wrong) choice on somebody else’s shoulders.
As everybody outside the intelligence’s ? “inner circle” should, I neither claim to own the knowledge nor the expertise to assess the work’s quality and the assumed weakness of the French security system. But what I can say – relying upon my criminal trial lawyer experience – is that is always easier to find an explanation for something that happened once it happened, while it is very hard to “foresee” an event.
This is to say that once you know where to look for, the needle in the haystack is fairly easy to find. Or, put in other words, those who came late always look smarter than those who were there earlier: they already know where not to look at.
Whether the French intelligence services did a mistake or not, then, is of poor importance. Mistakes happens (much too) often and it wouldn’t be a surprise to discover that in the Charlie Hebdo massacre mistakes have been done.
But the best we can do is to learn from it, instead of publicly blaming people in the line of fire just for the sake of looking “smart”.
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.