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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 - paywall) https://www.afr.com/companies/telecommunications/what-we-learned-at-optus-from-being-hacked-20230307-p5cq5j

Article about Medibank recovery (The Australian - paywall) https://www.theaustralian.com.au/business/companies/medibank-losses-13000-customers-from-cyber-attack-but-profit-up/news-story/22cf168bbb7a6ba1492f414404f61abb

Article about Medibank recovery (SMH) https://www.smh.com.au/business/companies/medibank-signs-up-new-customers-despite-damaging-hack-20230222-p5cmmo.html

AFP announcement of arrest of Sydney man for using Optus hack data for scams https://www.afp.gov.au/news-media/media-releases/man-arrested-alleged-data-breach-sms-scam

Privacy Nicks: How the Law Normalizes Surveillance https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4384541

Credits:

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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 rebalancing of responsibilities away from individuals and small businesses. They also debate the merits of a new Cyber Security Act, which is now being considered to more clearly lay out cyber security obligations for Australian businesses.

Links:

2023-2030 Australian Cyber Security Strategy Discussion Paper https://www.homeaffairs.gov.au/reports-and-publications/submissions-and-discussion-papers/2023-2030-australian-cyber-security-strategy-discussion-paper

Article about new new Coordinator for Cyber Security (The Conversation) https://theconversation.com/albanese-government-to-appoint-coordinator-for-cyber-security-amid-increasing-threat-to-systems-and-data-200699

Lawfare blog on cyber security regulation (Lawfare) https://www.lawfareblog.com/cybersecurity-regulation-its-not-performance-based-if-outcomes-cant-be-measured

Biden-Harris Administration Announces National Cybersecurity Strategy https://www.whitehouse.gov/briefing-room/statements-releases/2023/03/02/fact-sheet-biden-harris-administration-announces-national-cybersecurity-strategy/

Credits:

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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 and Prof Hartzog discuss failings in current approaches to privacy regulation and explore ideas such as a “duty of loyalty” obligation to require organisations to act in the best interests of individuals.

Professor Woodrow Hartzog https://woodrowhartzog.com/

"Breached" (Book) https://www.amazon.com/Breached-Daniel-J-Solove/dp/0190940557/ref=sr_1_7?dchild=1&keywords=breached%21&qid=1630950038&sr=8-7

Prof Hartzog article on duty of loyalty (IAPP) https://iapp.org/news/a/were-so-close-to-getting-data-loyalty-right/

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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?

Arj and Jordan are joined this week by elevenM privacy practice lead Melanie Marks to explore these questions.

Links:

Privacy Act Review Report https://www.ag.gov.au/rights-and-protections/publications/privacy-act-review-report

Research paper by elevenM and Monash on privacy harms for children and vulnerable groups https://www.oaic.gov.au/__data/assets/pdf_file/0012/11136/Report-Privacy-risks-and-harms-for-children-and-other-vulnerable-groups-online.pdf

Katherine Kemp analysis of Privacy Act reforms (The Conversation) https://theconversation-com.cdn.ampproject.org/c/s/theconversation.com/amp/proposed-privacy-reforms-could-help-australia-play-catch-up-with-other-nations-but-they-fail-to-tackle-targeted-ads-200166

Article about statutory tort for serious invasions of privacy (SMH) https://www.smh.com.au/business/companies/the-privacy-proposal-that-could-suppress-unflattering-but-true-stories-20230217-p5clf0.html

Credits:

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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 lens.

Links:

Article calling on dating apps to introduce criminal history checks (Guardian) https://www.theguardian.com/australia-news/2022/dec/24/call-for-dating-apps-to-require-criminal-checks-as-australian-government-plans-summit-on-safety

Article on new eSafety data about online dating (Guardian) https://www.theguardian.com/law/2023/feb/07/dating-apps-must-share-information-about-threatening-behaviour-says-australias-esafety-watchdog

Oped arguing for balancing of prevention with policing (The Conversation) https://theconversation.com/3-in-4-people-experience-abuse-on-dating-apps-how-do-we-balance-prevention-with-policing-198587

Surveillance does not equal safety (research paper on techno-carceral solutionism in dating apps) https://journals.sagepub.com/doi/abs/10.1177/17416590221111827?utm_content=214678805&journalCode=cmca

National Plan to End Violence against Women and Children 2022-2032 https://www.dss.gov.au/ending-violence

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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 harmful Robodebt scheme and the urgent moves by western nations to ban TikTok for national security reasons - two stories in the news for various reasons, but which at their core reflect uncaring attitudes to unethical and exploitative data use.

The boiling frog https://en.wikipedia.org/wiki/Boiling_frog

Article about Robodebt media strategy (SBS) https://www.sbs.com.au/news/article/shut-this-story-down-government-released-robodebt-victims-details-to-stop-them-speaking-to-media/6esr2l6ds

Salinger blog post on Robodebt https://www.salingerprivacy.com.au/2017/03/08/just-because-you-can-disclose-doesnt-mean-you-should/

Samantha Floreani oped about TikTok (Guardian) https://www.theguardian.com/commentisfree/2023/jan/22/what-are-we-worrying-about-when-we-worry-about-tiktok

NYTimes essay about banning TikTok (NYT) https://www.nytimes.com/2023/02/01/opinion/tiktok-ban-china.html

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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 second story that reveals the role played by low-paid Kenyan workers in training ChatGPT to not be violent, racist and sexist.

Article about the ChatGPT making jobs redundant (NYPost) https://www.news.com.au/technology/innovation/inventions/the-jobs-ai-could-be-about-to-take-over-forever/news-story/3969af5aed12008263710e264876d5d4

Article about Roomba recording sensitive images (MIT Technology Review) https://www.technologyreview.com/2022/12/19/1065306/roomba-irobot-robot-vacuums-artificial-intelligence-training-data-privacy/

Article about OpenAI using Kenyan workers to train ChatGPT (TIME) https://time.com/6247678/openai-chatgpt-kenya-workers/

Article in NOEMA magazine https://www.noemamag.com/the-exploited-labor-behind-artificial-intelligence/

Book - The Costs of Connection (goodreads review) https://www.goodreads.com/en/book/show/43506400

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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 recognition and why a dedicated law for facial recognition is necessary in light of existing privacy regulations.

Links:

Facial recognition technology: Towards a model law https://www.uts.edu.au/human-technology-institute/explore-our-work/facial-recognition-technology-towards-model-law

UTS Human Technology Institute https://www.uts.edu.au/human-technology-institute

Kmart, Bunnings and The Good Guys using facial recognition technology in stores (CHOICE) https://www.choice.com.au/consumers-and-data/data-collection-and-use/how-your-data-is-used/articles/kmart-bunnings-and-the-good-guys-using-facial-recognition-technology-in-store

OAIC investigation into Bunnings and Kmart https://www.oaic.gov.au/updates/news-and-media/oaic-opens-investigations-into-bunnings-and-kmart

OAIC finding against 7-Eleven https://www.oaic.gov.au/updates/news-and-media/oaic-finds-against-7-eleven-over-facial-recognition

OAIC finding against Clearview AI https://www.oaic.gov.au/updates/news-and-media/clearview-ai-breached-australians-privacy

Credits:

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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 privacy interest in information despite it being publicly available. They explore the important role of law, friction and obscurity in keeping things private even when we can no longer keep things secret.

Links:

Musk bans journalists and suspends account of flight tracking account (NYT) https://www.nytimes.com/2022/12/16/business/elon-musk-twitter-suspensions.html

WIRED article on Musk banning twitter accounts (WIRED) https://www.wired.co.uk/article/elon-musk-elonjet-flight-tracker-transparency

Article about privacy impacts of electronic court filings (WSJ - paywall) https://www.wsj.com/articles/electronic-court-filings-trial-privacy-records-motions-paper-trail-hippa-sensitive-personal-data-11672869403?mod=Searchresults_pos2&page=1

IAPP article touching on private/public distinction https://iapp.org/news/a/a-view-from-dc-elon-musks-privacy-lessons/

Helen Nissenbaum book on Obfuscation https://mitpress.mit.edu/9780262529860/obfuscation/

Paper by constitutional law professor on political donations https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1743742

In this special episode of This Week in Digital Trust, we explore familiar themes, but with a twist. 

On the podcast we often discuss concepts of agency and a sense of identity in the context of privacy, and how our grip on these concepts can be undermined when we lose control over our information. 

For Australians who have experienced disadvantage, especially children that have grown up in out-of-home care, these challenges are even more pronounced. Many typically don't have any access to their own records or sufficient visibility about how they are used and for what ends.

We speak with experts Frank Golding and Barbara Reed (bios below) to explore this experience and how recordkeeping is now being re-imagined, in a way that might have lessons for how personal data is managed by organisations more broadly.

Bios:

Dr Frank Golding OAM

Frank Golding has a PhD from Federation University Australia and is a Life Member of CLAN, the national care leaver advocacy body. A social historian, Frank has contributed to formal inquiries dealing with the institutionalisation of children and to projects with the National Museum, the National Library of Australia, and the National Summit on Rights in Records. He has presented papers on child welfare in a number of countries. He has written more than a dozen books, as well as book chapters and refereed journal articles.

Barbara Reed

Barbara Reed is currently working as a part time Research Fellow on the Rights in Records projects of Monash University. As an independent archives and records consultant and Director of Recordkeeping Innovation,  she has worked with a range of government, non-government, private and non-profit organisations, in Australia and internationally. She has previously worked on issues empowering access to records for the Care Leaver Community and the Stolen Generation. Much of her consulting work has been focused on developing recordkeeping practices and competencies, transforming recordkeeping into digital practice, and working with a range of stakeholders to create strategic interventions through standards and best practice guidelines.

Links:

Dr Frank Golding OAM https://frankgolding.com/

Charter of Lifelong Rights in Childhood Recordkeeping in Out of Home Care https://www.monash.edu/it/clrc

Bodies of Light (book) https://www.goodreads.com/book/show/58420822-bodies-of-light

Credits:

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