This week we discuss targeted advertising, its role in the development of the commercial internet, and how it affects users today. We explore the varying attitudes to the practice of targeted advertising, its benefits and harms, and regulatory measures being considered to curb its excesses. Links: $20m ACCC penalty for Meta https://www.accc.gov.au/media-release/20m-penalty-for-meta-companies-for-conduct-liable-to-mislead-consumers-about-use-of-their-data ACMA fine for CBA over spam https://www.a...
Aug 21, 2023•30 min
This week, we're excited to feature a conversation with Angelene Falk, Australia's Information Commissioner and Privacy Commissioner. The topic of our conversation is the 2023 Australian Community Attitudes to Privacy Survey, which the Office of the Australian Information Commissioner has just published. We discuss the value of surveying the community on privacy and explore the report’s key findings including attitudes to privacy, expectations of the role of organisations, attitudes to data brea...
Aug 14, 2023•28 min
This week, we go deep on misinformation. We start by breaking down some new academic research into the effect of Facebook and its algorithms on polarisation, and challenge some of the reporting on the key takeaways from the research. We also explore Australia's proposed misinformation bill and discuss its merits and the commentary surrounding the bill. Links: Nature blog on research (Nature) https://www.nature.com/articles/d41586-023-02420-z Article about research into Meta's impact on polarisat...
Aug 07, 2023•29 min
This week we discuss the burgeoning trade in our location data. Our mobile devices and the apps on them regularly collect and and transmit the details of our physical location. Sometimes this is to support a useful and convenient purpose, like finding a nearby cafe or a family member. But at other times, it's in order to share and sell that data with third-parties such as data brokers. We explore these practices in more detail. Links: Article about US lawmaker moves to prevent law enforcement fr...
Jul 31, 2023•27 min
This week we discuss the new social networking app from Meta - Threads. Will it successfully meet the expectation for, and Meta's promo claims of, a new public conversation app to rival Twitter from years gone by? We also discuss the reasons behind the app not launching in the EU, and the regulatory lessons of this outcomes. Links: Introducing Threads: A New Way to Share With Text (Meta) https://about.fb.com/news/2023/07/introducing-threads-new-app-text-sharing/ Article welcoming Threads with he...
Jul 25, 2023•22 min
This week we explore the growing use of facial recognition by stadiums, after a recent CHOICE report revealed the technology was in use at several major sporting and concert venues around Australia. We evaluate the merits of varying uses of the technology, from the security use cases to enabling of more convenient check-in and purchasing services for stadium patrons. Links: CHOICE report https://www.choice.com.au/consumers-and-data/data-collection-and-use/how-your-data-is-used/articles/facial-re...
Jul 18, 2023•26 min
This is the fourth and final episode in our short series about AI. In this episode, we assess the public dialogue about AI and how it has evolved in recent times. We discuss the heady excitement about the technology's possibilities and emerging concerns about its risks, and what the right risks to focus on are. We also explore how the emerging AI conversation compares to discussions about previous disruptive technologies such as social media. Links: Open letter about AI risks https://futureoflif...
Jul 10, 2023•14 min
This is the third episode in a short series about AI. In this episode we explore international moves to regulate AI, with approaches ranging from voluntary guidance and self regulation to dedicated legislation for AI. We explore the varying philosophical approaches (notably between the US and Europe), and discuss Australia's approach to the challenge, which is currently focused on a discussion paper from the Department of Industry, Science and Resources. Links: OpenAI’s CEO Goes on a Diplomatic ...
Jul 03, 2023•31 min
This is the second episode in a short series about AI. With the potential harms of AI receiving greater exposure over recent months, we take a look at how businesses are responding. We explore the role and effectiveness of "ethical principles", introduced by many organisations to guide AI usage, and how existing corporate governance practices can be extended to the challenges of AI. Links: UTS HTI: The State of AI Governance in Australia https://www.uts.edu.au/sites/default/files/2023-05/HTI%20T...
Jun 20, 2023•30 min
This is the first episode in a short series about AI. After months of frenzied activity and dialogue, the AI conversation seems to be consolidating around some common questions, including: What is AI exactly? What are the harms it can cause? How should businesses govern their use of AI? What should policymakers and governments do? What's the public perspective and how is that being shaped? And there seems to also be some consolidation of opinions in response to those questions. In this series, w...
Jun 12, 2023•24 min
We break down the recent record fine against Meta by the Irish data protection regulator, which focuses on Meta's practice of transferring data about its EU customers to the US, where it is exposed to US spy agencies. The fine, and the legal proceedings that led to it, originate with a complaint by an Austrian man called Max Schrems. For over a decade, Schrems and his not-for-profit NOYB have pursued several privacy complaints via the courts - leading to the striking down of major international ...
Jun 06, 2023•28 min
This week we dissect proposals to introduce online age verification to protect kids from explicit content and other harmful effects of online platforms. There's significant momentum behind the idea, with various technologies being offered as an answer and the Australian government evaluating a roadmap from the eSafety Commissioner and also considering using digital identity as a solution. But the concept has its complications, including privacy implications, the workability of proposed technolog...
May 30, 2023•29 min
It's referred to as the gold standard or high watermark of privacy regulation around the world. This week is five years since the EU's General Data Protection Regulation (GDPR) came into effect. We are joined by elevenM privacy practice lead Melanie Marks to reflect on the history and importance of the regulation and to discuss its impact and shortcomings. Links: What Is GDPR and Why Should You Care? (WIRED) https://www.wired.com/story/how-gdpr-affects-you/ GDPR success summary (European Commiss...
May 23, 2023•35 min
This week we look at the Federal Government's budget commitments to privacy, cyber security and online safety. Notably, the Government has signifantly increased funding for privacy regulation for the next four years, while its funding commitments for cyber security reflect an important shift towards building broad-based economy-wide resilience. We break down the various commitments and their likely impact. Links: Budget documents https://budget.gov.au/content/documents.htm OAIC portfolio budget ...
May 15, 2023•30 min
Momentum continues to build for the need to rein in AI. Despite it being a global challenge, the approaches to regulating AI vary from country to country in some fairly fundamental (and even philosophical) ways. In this week's episode, we explore these different approaches. Links: Australian experts call for AI regulator (InnovationAus) https://www.innovationaus.com/australian-experts-want-a-ai-regulator-investigation-of-failures/ Microsoft warns against AI regulation in favour of industry-led s...
May 09, 2023•35 min
It's Privacy Awareness Week, so we're peeling back the layers on one of the most common concepts used to raise awareness about privacy: the creepy test. It's that sense of "ew!" we sometimes feel when we encounter technologies or business practices that step over the bounds of responsible use of our personal information. This week, we break down the concept of the creepy test and evaluate its usefulness. Links: "A Theory of Creepy" (Paper by Tene and Polonetsky) https://papers.ssrn.com/sol3/pape...
May 01, 2023•24 min
This week, we discuss the push to abolish anonymity on social media, as a means to preventing online abuse. Policymakers have been grappling with the challenges of trolling and online abuse for a few years, but it has come into the spotlight after the complaints of several prominent Australian footballers and athletes. While enforcing real identity seems an obvious solution, Arj and Jordan debate its effectiveness and explore its adverse side effects on other internet users. Links: Article about...
Apr 26, 2023•29 min
This week, we discuss the emerging response to now well-documented concerns about generative AI from regulators and lawyers. With data protection authorities seemingly leading the charge, we discuss whether privacy is actually the right lever to be pulling when it comes to taking action against these technologies, in light of broader concerns about discrimination, defamation and copyright infringement. Or is this like getting Al Capone on tax evasion charges? Links: ChatGPT is entering a world o...
Apr 17, 2023•25 min
This week, we discuss the merits of recent ideas to pause the development or rollout of harmful technologies and data practices. Recent widespread consternation about AI (particularly ChatGPT and GPT-4 from OpenAI) has led to an open letter from various AI and tech personalities calling for a 6-month pause in future development. But Jordan and Arj discuss that the letter may not be all that it seems. The open letter comes at the same time as a new paper from Australia's Consumer Policy Research ...
Apr 03, 2023•33 min
This week, we finally weigh in on a debate that arises frequently - is privacy dead? Arj and Jordan explore the apparent contradiction between people's stated desire for privacy and their behaviours that accept companies or technologies that repeatedly fall short of acceptable privacy practices. They look at several studies and experiments that help explain why it's not reasonable to leave safeguarding of privacy up to individuals alone. Links: IAPP global survey on privacy https://iapp.org/news...
Mar 27, 2023•22 min
With yet another new release from OpenAI, the hype around AI is more intense than ever. But there also seems to be greater public awareness of the risks. This week Arj and Jordan evaluate efforts to make AI safer, looking particularly at the influence of larger players like OpenAI and Microsoft, and the likely consequences of the evident AI arms race. Links: Article about GPT-4 (The Verge) https://www.theverge.com/2023/3/15/23640047/openai-gpt-4-differences-capabilties-functions Article about GP...
Mar 21, 2023•31 min
Arj and Jordan discuss how much a major data breach really matters, in the wake of Optus and Medibank's recovery to positive customer growth just six months after their respective data breaches. They both get a little fired up when discussing commentary that takes a narrow view of the ultimate impact of the data breaches, and explore how data breach harms may be more akin to externalities like environmental pollution. Links: Presentation by Optus CEO about recovery from data breach (AFR - paywal...
Mar 13, 2023•23 min
This week, Arj and Jordan discuss moves to bolster Australia's national cyber security regime. The Australian Government recently announced its ambition to make Australia ‘the most cyber secure nation’ by 2030. Among several proposed initiatives are plans to establish a new Coordinator for Cyber Security and the release of a discussion paper floating a range of ideas. Arj and Jordan explore how the new strategy, while borrowing heavily from past strategies, could lead to a much-needed rebalancin...
Mar 06, 2023•30 min
In this special episode of This Week in Digital Trust we feature an interview by our friend Jonathan Gadir with Woodrow Hartzog, renowned privacy expert, author and professor of law. Professor Hartzog is internationally recognised for his work in privacy and technology law, and an influential voice on the creation and enforcement of information and technology laws. Our conversation with Professor Hartzog is timely as we contemplate the direction of our own privacy regime in Australia. Jonathan a...
Feb 27, 2023•38 min
The Attorney-General's Department has released its proposed set of reforms to the Privacy Act. But how far do the proposals go to help us solve our key privacy challenges: the fact that the onus of responsibility for privacy falls unduly on individuals, gaps in the current coverage of Australia's privacy regime, concerns about data brokers and targeted advertising, the particular harms faced by children and the vulnerable and the likely role of lobbying and vested interests in privacy reform? Ar...
Feb 22, 2023•36 min
On Valentine's day, Arj and Jordan explore recent attempts to improve safety for users of dating apps, which include proposals such as users requiring 100 points of ID to register and the banning of people with criminal histories. They discuss the unintended consequences of a tendency to deal with online safety challenges through greater policing or surveillance ("techno-carceral solutionism"), and the broader issue with viewing deep-seated and complex social issues through a narrow technology l...
Feb 13, 2023•22 min
A couple of the biggest stories dominating our public discussion have a common original sin. Our powerlessness in the face of the use and abuse of our personal data for institutional ends (be it by the State or by private companies) contributes to a sense of collective apathy. Like the story of the boiling frog, the dangers of this apathy build steadily and stealthily - right until they burst into the light of some emergency. Arj and Jordan explore two such headline emergencies: the reckless and...
Feb 07, 2023•27 min
This week, Arj and Jordan look at the human labour powering many AI solutions - solutions that we're encouraged to view as magic in a box. The way this labour is being used - much of it through sub-contracting arrangements in the developing world - raises worker welfare and privacy issues, among other concerns. Arj and Jordan explore this issue through a couple of news stories - one that reveals the workers involved in labelling images taken by some Roomba robot vacuum cleaner models, and a seco...
Jan 31, 2023•21 min
This week, Arj and Jordan explore an encouraging proposal for regulating facial recognition. As the risks and dangers posed by AI and technologies like facial recognition continue to become apparent, UTS Human Technology Institute has published a "model law" for facial recognition that could become the basis for better regulation of facial recognition in Australia. As well as stepping through the highlights of the model law, Arj and Jordan explore the challenges with regulating facial recognitio...
Jan 24, 2023•29 min
This week, Arj and Jordan deconstruct the debate that has sprung up around Elon Musk's attempts to restrict the circulation of publicly available flight data about his private jet. They discuss how real time flight trackers have been an essential tool for journalists and independent researchers holding billionaires and governments to account and how many arguments about privacy are really arguments about power and accountability. Going deeper, Arj and Jordan talk about the idea of maintaining a ...
Jan 17, 2023•31 min