GDPR and the Next Italian Unified Telecommunication Network

The presence of non-EU subjects among the owners of the single network poses national security problems that have already emerged in the case-law of the European Court of Justice by Andrea Monti

Among the many aspects related to the creation of the unified Italian telecommunication network, the relationship between personal data protection, the presence of non-EU owners in the corporate structure and national security deserves special consideration. Indeed, given the criticality of the telecommunications sector, the absence of full control by Italy opens up the risk of foreign interference in the protection of the fundamental interests of the State, as highlighted in the Huawei case.

The nature and extent of the problem become apparent by recomposing the different tiles of the current political and legal mosaic. Continue reading “GDPR and the Next Italian Unified Telecommunication Network”

August 31, 2020

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 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 21, 2020August 23, 2020

The TIM-Huawei Decree and the Chinese’knot untangling

The Italian Presidency of the Council sets the conditions to include Huawei’s technology in the Italian 5G network and might ease the overcoming tensions between the USA and China by Andrea Monti

The Prime Ministerial Decree of August 7, 2020, allows TIM (the former Italian telco monopolist) to use Huawei’s 5G technology, having identified adequate measures to prevent the risks of using Chinese equipment for Italy’s new generation network. This news follows, and contradicts, the exclusion of Huawei from the tender to provide TIM with the same 5G devices because of the need for “diversification of partners” (a requirement lately imposed by the Conte-Huawei Decree). Originally published in Italian by Formiche.net Continue reading “The TIM-Huawei Decree and the Chinese’knot untangling”