The first story is about the Digital Services Act, which is weak on the algorithmic recommender systems that promote hate. Facebook’s internal studies found that these systems amplify unlawful material at enormous scale, and pushed people toward extremism. wsj.com/articles/faceb…
When an algorithm is designed to probe your darkest instincts and serve you a diet of poison, it should not come preinstalled and switched on by default.
See image: the DSA could have switched them off by default. That would have instantly slowed the torrent of unlawful material.
It should not be all criticism. There is much that is positive in the DSA.
The second story is a national one:
Ireland blew its chance to be super enforcer for online content across EU. This would have added to Ireland’s pre-eminence as a location for business in the EU.
The new DSA initially contemplated a mechanism fairly similar to the GDPR, giving Ireland enforcement powers across the EU for all online content on Google, Facebook, Apple, Microsoft etc.
That would have solidified Dublin’s place as the capital of Europe’s digital market.
But this plan was abandoned.
Other EU capitals were uncomfortable with the idea of handing additional powers to Ireland, which has failed to robustly enforce the GDPR against Big Tech. See tweet from France's digital minister @cedric_o last September.
Unless Ireland shows it is serious about enforcing EU digital law, it has little hope of becoming a key digital centre not only for online content, but for artificial intelligence, too. @ICCLtweet warned the Government about this 1+ year ago. iccl.ie/digital-data/e…
The third story is about enforcement of EU digital law.
The European Commission is has not acted to ensure the GDPR is enforced by Ireland.
The Commission shows little interest in seeing the GDPR robustly enforced against Big Tech.
There is little reason to assume that giving it direct supervisory powers over Big Tech (under the DSA) will solve the enforcement problem we see under the GDPR.
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Re the Commission and CMA inquiry in to Google & Facebook's dodgy "Jedi Blue" deal...
This follows the Texas and other US State Attorneys General suit v Google. Those pleadings, filled in October 2021, indicated serious problems...
Google has made noise about reducing its data leakage to other firms, but continues to operate a vast internal data free-for-all. Paragraph 156 of the State AG’s pleadings.
Follow the excellent @jason_kint for detail on this case.
Momentous news.
5 long years.
The TCF is finally ruled unlawful. All data collected through it by Google, Amazon, Microsoft's tracking businesses is unlawful and must be deleted. iccl.ie/news/gdpr-enfo…
The findings:
The TCF consent system infringes the GDPR as follows:
-Fails to ensure personal data are kept secure and confidential (Article 5(1)f, and 32 GDPR)
-Fails to properly request consent, and relies on a lawful basis (legitimate interest) that is not permissible ...
-Fails to provide transparency about what will happen to people’s data (Article 12, 13, and 14 GDPR)
-Fails to implement measures to ensure that data processing if performed in accordance with the GDPR (Article 24 GDPR) ...
Tracking industry body claims it can audit what thousands of companies do with our personal data.
Here is why that is impossible. #TCF#RTB#adtech iccl.ie/digital-data/i…
Real-Time Bidding (RTB) data broadcasts are impossible to see or audit because they happen behind the scenes between servers.
Unsurprisingly, there is no way to audit what happens to personal data when RTB broadcasts it to thousands of companies, hundreds of billions of times a day. iccl.ie/digital-data/i…
Since 2004 Google has moved its ad revenue comes from placing ads on publishers' sites to higher margin ads its own websites and apps. It does this with the benefit of data taken from publishers.
Tracking enables this.
Thanks @jason_kint who highlighted this first.
/3
The UK Government now points to @IABEurope's (the tracking industry body) “consent” spam pop-ups as an example why it needs to abandon the GDPR. We remind @OliverDowden@DCMS that those pop-ups are illegal under the GDPR. bbc.co.uk/news/technolog…
Back in 2017, a year before starting to spam Europe with consent popups, @IABEurope admitted that its tracking and adtech would be “incompatible with consent under GDPR” in a private note to the European Commission. I obtained that note under FOI.
IAB "TCF" consent spam is compliance theatre.
(@mmatthiesen its primary designer says “the most seen — but least read — text on the Internet”)
The UK enforcer could have stepped in to stop this when the UK was in the EU.
It still can. I hope it will under @JCE_PC
We are going to court. Our lawsuit takes aim at Google, Facebook, Amazon, Twitter, Verizon, AT&T and the entire online advertising/tracking industry by challenging industry rules set by IAB TechLab. @ICCLtweet iccl.ie/rtb-june-2021/
The online advertising industry causes the world's biggest data breach. We are going to court to stop it. iccl.ie/rtb-june-2021/
Our evidence includes the “IAB Audience Taxonomy”, the data broker industry rulebook that specifies what can be in companies hidden dossiers about you: Your health problems, your debt... iccl.ie/rtb-june-2021/
Video: a peek inside the system building secret dossiers about you.