EU Competitiveness Council Conclusions On The Digital Economy

In order for the European Union (EU) to better compete in the digital economy it may need to have a more cohesive strategy.  Earlier this month, the EU discussed its plans to encourage its member countries to work together to create a single market for the online economy.

The EU's vision to become more competitive as a region may entail setting up unified rules that cover issues such as e-commerce, broadband spectrum, courier and parcel delivery rates, telecoms matters, and a revision of intellectual property rules.  A major challenge in the EU for many companies is over-regulation and incompatible rules across the region. 

According to The Wall Street Journal, "[m]any European policy makers say the region’s homegrown Internet companies haven’t made the big leagues at least in part because of a patchwork of tax, copyright and e-commerce rules that have stunted their growth. They also point to allegedly unfair business practices by U.S.-based competitors" such as Google.

The European Commission's recent antitrust statement of objections against Google has made some people claim that the EU is acting in a protectionists manner to bolster home grown companies.  While there may or may not be some truth to these allegations, the bottom line is that all entities whether they are digital focused or not, must abide by the rules and regulations of the countries in which they operate. 

Recently, the EU's Competitiveness Council, which gathers European Ministers in charge of economic and industrial affairs, issued its “Conclusions on the digital transformation of European industry”. The Competitive Council's conclusions discussed the EU's recent progress regarding the digital transformation of EU industry and expressed members states' interests and priorities for future action.  Some of the conclusions touch upon the need to develop IT standards for 5G wireless communications, cloud computing, Big Data, the Internet of Things, and interoperability between platforms and technologies. 

These conclusions further emphasized the "importance of ensuring that European standards....are established in coordination with international standards and globally recognised technical specifications and, where possible, promoted as international standards. This is particularly so in such areas as data formats, digital documents and signatures, pan-European e-Procurement, accounting in digital environment and cross-border data exchange...."

The bottom line is that the EU is working feverishly to catch up with other regions of the world such as Silicon Valley and the United States that are perceived to be leaders in the digital economy.  While it may take years for the EU to create and then implement a coherent digital economy strategy, its business and political leaders along with its regulatory bodies have recently acknowledged the importance of these issues.  Therefore, it leads me to believe that the EU will utilize whatever tools at its disposal to be an active participant in the future growth of the international digital ecosystem. 

Copyright 2015 by The Law Office of Bradley S. Shear, LLC All rights reserved.    

Drone Privacy Policy Released By DOJ

While most of the country was thinking about the Memorial Day weekend, the U.S. Department of Justice released its policy guidance on domestic use of unmanned aircraft systems.  According to The Hill, the new DOJ policy is based upon a presidential memorandum that outlined some of the civil liberty issues inherent with drone usage. 

Drones and other new and exciting technologies are here to stay.  However, there are significant privacy, surveillance, and other civil liberty issues that must be balanced when utilizing these new tools.  My hope is that we have a robust national conversation on these issues and create sound public policy, and when needed draft the proper regulations and/or enact well-balanced laws to ensure that we can effectively deal with the societal consequences.

Drones have many positive uses in our society; however, we must understand the legal and public policy challenges inherent with their deployment.  The DOJ's policy guidance is a starting point for this conversation. 

Copyright 2015 by The Law Office of Bradley S. Shear, LLC All rights reserved.        

Instagram Photos Show Slip and Fall Lawsuit Against NYC Is Frivolous

Taking photos and sharing them digitally is so easy.  However, just because it is, that doesn't mean you should do so.  In Silicon Valley, the term "frictionless sharing" was coined to describe the ability to make it as simple as possible to share your personal content with others via the Internet and apps. 

Technology companies make billions of dollars per year in advertising revenue due to frictionless sharing.  This capability is so important to the monetary viability of many digital companies that some of them recently spent millions of dollars lobbying Congress to weaken the Video Privacy Protection Act to make it easier for consumers to share their video viewing habits with others.  While Silicon Valley may promote this change as providing more "consumer choice", others may believe this revision has diminished important privacy protections. 

Just because you have the ability to take a photo or a video doesn't mean you should do so and share it digitally.  Having the skills to understand when not to share is very important in the Social Media Age.  In general, I advise many clients not share their personal content digitally unless it is in furtherance of their professional career.

The latest person who has not mastered the skill of  when not to share appears to be Rev. Al Sharpton's daughter Dominique Sharpton.  According to The New York Post's analysis of Ms. Sharpton's personal Instagram account she has "a lot of explaining to do."  Ms. Sharpton is suing the City of New York for $5 million dollars because she allegedly injured her angle on a Soho sidewalk.  I am highly skeptical of this claim because it appears that on her personal Instagram account she has posted photos of herself climbing mountains in the U.S. and overseas.     

Ms. Sharpton's Instagram account photos do not appear to demonstrate that she has a $5 million dollar claim against the New York City.  According to The New York Post, New York City has ordered Ms. Sharpton to preserve her photos because they appear to contradict the claims in her complaint against the City.  If the photos on  Ms. Sharpton's Instagram account are authenticated, the City of New York may take legal action against her because it appears that her legal complaint is deficient due to a "failure to state a claim."     

The bottom line is be careful what you post because it may create tremendous legal liability for you and/or others. 

UPDATE:  According to The New York Post, Ms. Sharpton has made her social media accounts "private".  In light of all of the media coverage regarding this matter, Ms. Sharpton's latest move further demonstrates her $5 million dollar legal claim against the City of New York appears to be frivolous. 

Copyright 2015 by The Law Office of Bradley S. Shear, LLC All rights reserved.    

Adult Sex Website Hacked, Personal Data At Risk

The Internet and apps may be utilized for many productive and interesting activities.  For example, users and companies may engage in Business to Business (B to B), Business to Consumer (B to C) commerce, general digital marketing/branding, etc....  However, some of the most popular digital activities include viewing porn and cheating on one's spouse. 

In 2013, The Huffington Post reported that porn sites receive more traffic than Netflix, Amazon, and Twitter combined.  Internet porn is ingrained in popular culture.  Who can forget Avenue Q's catchy number, "The Internet is For Porn"?  In addition to porn, many people utilize the Internet and apps to cheat on their spouses and significant others.  For example, near the area where I live and work (in Bethesda), cheating website Ashleymadison.com ranked the Washington, DC area #1 for usage for the third year in a row.  This distinction is nothing to brag about. 

What many people may not realize is that when utilizing a website or app to find a sexual partner, you create a digital trail that puts your personal information at risk. For example, a married pastor in Michigan was recently exposed while utilizing a "hook up" app.  He uploaded photos of himself and other personal information that appears to have led to his identification. 

CNN is reporting that the website Adultfriendfinder.com was hacked in March and this incident appears to have exposed the personal information of millions of users.  The data leaked may include very intimate details about users.  The information exposed may be utilized to destroy personal lives, professional careers, and/or blackmail users.

The bottom line is that when using the Internet and apps it is very important to be cautious about the data you upload.  To protect your personal privacy and safety (and your family's), its imperative to limit the personal information that you post about yourself and your family.   

Copyright 2015 by The Law Office of Bradley S. Shear, LLC All rights reserved.    

DOJ Will Be More Transparent About Secret Cell Phone Tracking

The U.S. Department of Justice (DOJ) has stated that it will soon become more transparent about its secret cell phone tracking program.  According to The Wall Street Journal, "the Federal Bureau of Investigation has begun getting search warrants from judges to use the devices, which hunt criminal suspects by locating their cellphones, the officials said. For years, FBI agents didn’t get warrants to use the tracking devices."

This change in behavior is welcome news.  Law enforcement should be required to obtain a warrant before deploying these technologies.  Police across the country have utilized devices sometimes called stingrays without a warrant thousands of times to collect information about cell phone users for years.  The usage of these technologies on American soil appears to have started around 2007 and according to published reports is widespread across the country.

In a democratic and free society, it is imperative for law enforcement to be transparent about their practices.  Even though there may be security concerns regarding being too transparent about some of the details of these programs, the usage of these technologies without a warrant is a clear violation of our Fourth Amendment rights. 

While I applaud the DOJ's decision to change its practice and now obtain a warrant before deploying these tools what triggered the change in policy?  In 2014, the Supreme Court in Riley v. California ruled 9-0 that the police generally need a warrant to search electronic devices of those who are arrested.  The DOJ's policy should have been updated right after this ruling occurred and not almost a year later.     

The bottom line is that privacy still matters in the Digital Age and that transparency and accountability are more important than ever due to the increased sophistication of digital surveillance tools.

Copyright 2015 by The Law Office of Bradley S. Shear, LLC All rights reserved.

Facebook Threatens European Regulators Over Stronger Privacy Laws

In a very troubling development that shows Facebook's true colors, one of its corporate executives stated that if European regulators continue to scrutinize Facebook's data collection and utilization practices its citizens will not be provided certain features in a timely manner.  This veiled threat to European regulators demonstrates that the EU is on the right track in questioning the data privacy policies and practices of Facebook and other Internet companies.  

Manufacturers of cars and heavy machinery, pharmaceutical companies, banks, chemical companies, etc.. are required to follow appropriate safety regulations in Europe and around the world.  Data collection and usage laws are nothing more than safety regulations and it is time for Facebook and the entire digital ecosystem to get on board with regulations that will enhance user trust of their platforms. 

An Austrian class action lawsuit about Facebook's data usage practices, the ongoing Netherlands privacy regulator investigation into Facebook's activities, and the possibility that Europe will enact stronger data protection laws that will provide greater regulatory tools to protect citizens from some of Facebook's troubling data collection and usage practices appears to worry the company.  These developments demonstrate the importance of baking privacy into your platform's design and the need for Facebook to change its data collection and usage practices and its policies.   

The bottom line is that data privacy is a safety issue.  My hope is that U.S. lawmakers and regulators soon follow Europe's lead in understanding that unfettered data collection and usage is a clear and present danger to its citizens and that more robust privacy laws are a must in the Big Data Age.

 Copyright 2015 by The Law Office of Bradley S. Shear, LLC All rights reserved.