Sunday, January 27, 2013

People And Companies That Fight For Your Internet Privacy And Fredom: How Ediscovery Map Kept You Informed in 2011

How EdiscoveryMap Kept You Informed in 2011


A short recap of EDiscoveryMap’s Monique Altheim‘s activities in 2011 to help keep her readers informed in the areas of Privacy, Ediscovery and Social Media:


And finally, she created a new website for her law firm, The Law Office of Monique Altheim.
Wishing all a Happy 2012, and looking forward to share even more information this coming year via old and new channels and platforms.


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Twitter Weekly Updates for EUdiscovery


Attention EU Readers of EDiscoveryMap: We are bringing EDiscovery to Brussels on January 26


EDiscoveryMap is pleased to announce that Monique Altheim will moderate E-Discovery Sessions at the Computers, Privacy & Data Protection Conference (CPDP) in Brussels on January 26, 2012.
The panels will feature an international roster of thought leaders and practitioners in the field of Cross-Border E-Discovery and EU Data Protection:
Willem DEBEUCKELAERE, Privacy Commission (BE), Master Steven WHITAKER, Royal Court of Justice (UK), Chris DALE, e-Disclosure Information Project (UK), Amor ESTEBAN, Shook, Hardy & Bacon, LLP (USA), James DALEY, Daley & Fey LLP (USA), Nigel MURRAY, Huron Legal (UK), George RUDOY, Integrated Legal Technology LLC (USA), Monika KUSCHEWSKY, Van Bael & Bellis (BE), Natascha GERLACH, Cleary Gottlieb Steen & Hamilton (BE), Dr. David EVANS, Evans LLC (USA), Dominic JAAR, KPMG (CA), and Erik LUYSTERBORG, Deloitte (BE)
With the increased globalization of the economy, companies in the EU are often subject to litigation holds and requests for production of relevant data by US litigants. If those data contain personal information, there is a serious conflict with the EU Data Protection Laws, which deem preservation and production of such data in principle illegal.
Since the concept of pre-trial discovery is practically non-existent in the European Union member states with a Civil Code tradition, the session will start with a discussion of the general principles of the U.S procedure of discovery of electronically stored information (ESI) in civil litigation, for the benefit of EU attendees.
What triggers the duty to preserve data relevant to litigation? What are litigation holds? What is spoliation? What are the sanctions for non-compliant parties? These are some of the topics that will be addressed.
What happens when the data, relevant to U.S. litigation, contain personal information and are located in an EEA member state?
The second panel will explore these complicated conflicts between U.S. Ediscovery obligations and EEA Data Protection obligations and propose some practical solutions.
The just published Sedona Conference International Principles on Disclosure and Data Protection, as well as the draft EC Proposal for a Data Protection Regulation, and their impact on the future of Cross-Border Ediscovery will be discussed.
What technological innovations can be applied to minimize the personal data preserved and collected in EAA member states?
What happens when relevant data are located in the cloud, on social media sites or on mobile devices? Which national law applies to determine the applicable data protection regime?
These and other emerging topics in cross-border Ediscovery will be tackled by the last panel.
The CPDP Conference, titled “European Data Protection: Coming of Age” will run from Wednesday, January 25 until Friday, January 27. It will coincide with the official publication of the EC’s Proposal for EU Data Protection Regulation and with the European Privacy Day on January 28.
To take advantage of the early bird registration fee , register here before December 30.


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Twitter Weekly Updates for EUdiscovery


How To Build Your Own Mobile App in Three Easy Steps: A Thanksgiving Primer




Which professional has not entertained the wish to stay informed and in the loop, without having to spend hours of valuable time scouring the Internet for relevant information on a daily basis?
The daily load of professional newsletters, email subscriptions, RSS feeds, real time Twitter feeds, Facebook news streams, and now Google plus feeds, has become so heavy, that many have expressed the desire to go on an information diet.
I too have suffered from information overload, and in searching for a solution, I stumbled upon a very simple answer: I developed my personal mobile, information management tool in the form of an iPhone/iPad mobile app, which I use on my iPhone.
The “AltheimLaw” app is custom made for my needs and delivers real-time news from a variety of hand-picked sources, including social media sites, video and slide presentation sites, as well as more traditional RSS feeds of news aggregator blogs.
This particular app can, of course, also be installed by anyone who shares my interest in the very specific topics of e-discovery, data protection, privacy, social media, tech and information governance. I also created an Android version for those who use that platform under the name “Monique Altheim Esq.”.

But if you wish to create your own, custom made app to suit your own specific needs, and if you would like to publish it to any of  the IPhone/iPad, or Android platforms, you can do so, without knowing a word of code.

The entire process takes just three steps:

  1. Register as a “developer”
  2. Build your app
  3. Publish your app


Here’s a breakdown of the three steps for two popular mobile platforms: The iPhone/iPad, and the Android .

  1. Register as a developer:

The first step is to register as a “developer”. This will grant you permission to submit your app to the relevant store.

Requirements for iPhone/iPad:

Requirements for Android:

  2. Build your app:

Building an app is very easy, even if one doesn’t know a word of code, thanks to websites like www.appmakr.com
Just click on the “get started building your … version” on appmkr’s home page. You will see three icons, respectively for Apple, Android and Windows. Just click on the one you need.
You  may enter a keyword to start, so that Appmakr can find related icons and RSS feeds for your app, but you can disregard its suggestions and skip this step. It is better to use your own icons and RSS feeds.
The website basically gives you a template to work with, which it then translates into code.
Appmakr has a YouTube site where you can watch 13 instructional videos on how to buid an iPhone /iPad app, guiding you step by step through the creation of your app: http://www.youtube.com/user/AppMakr#p/u
You can test-publish your app to your iPhone to check out whether you like the end product, before you publish it to the App Store.

Once you have finished building your app, you will be able to download the file on your computer.

TIP 1: You will need some basic knowledge of Photoshop or other similar software to adapt your screenshots to the different size requirements for the iPhone and iPad.
The iPhone/iPad and Android have each different image size and file type requirements for the icons and screen shots. For example, the iPhone icon must be 512×512 pixels in .png format.

TIP 2:  Safari cannot download the appmakr files. I used Firefox instead.

If you wish to make the app available for devices using Android, you can transfer the app into the Android (as well as Windows) format by clicking on the appropriate icon underneath your finished iPhone app link.


  3. Publish your app

iPhone/iPad

To publish your app, go to https://itunesconnect.apple.com and click on “Manage Your Applications”. Then click on “Add New App” in the upper left hand corner and follow the instructions.
You should download the “application downloader” software (the link should be on the iTunesConnect site), install it, and then download your app in that program.
When you go back to your iTunesConnect account, you will see that the status of your app is “Waiting for Review”. In the next stage your app will be ”In Review”, until, hopefully, the status will read “Ready for Sale”, at which point your app should be searchable and ready for installation in the App Store.
The entire process takes between one or two weeks.

Android

To publish your Android version, go to https://market.android.com/publish/Home
Follow the instructions to upload your app file. It is as easy as uploading a YouTube file. Within an hour your app will be for sale and downloadable on the Android market.

As between the iPhone/oPad and the Android platforms, the clear winner is Android: It has a much lower registration fee and the publishing of the app is a breeze.
Either way, when you think of the many hours you will save by cutting out most of the noise online through the use your app, it is worth the registration fee and the afternoon you might spend creating it.
While there are other sites that will help you build your own app, Appmakr is the only one that offers it at no fee.

It is also important to update your app regularly, to keep it compatible with changes on the platform. When Apple updated its IOS to IOS5, I had to rebuild my iPhone/iPad App from scratch.

Since my law firm focuses on ediscovery, privacy and data protection, social media and information governance, these are the topics that are covered in my app.
If you want to keep informed on these topics, you can download the “AltheimLaw” app for iPhone/iPad here: http://itunes.apple.com/us/app/monique-altheim-esq/id454018900?ls=1&mt=8 and the “Monique Altheim Esq” app for Android here: https://market.android.com/details?id=com.appmakr.app296991

Once you install such an app on your mobile device, the latest real-time news that is relevant to you is always available at the click of a finger, during your commute or while waiting online at the post office or the supermarket, during a quick lunch break, before falling asleep or upon waking up in the morning.

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The Thief, The Programmer,The Hacker and The Data Protection Authority: How ILITA Cracked The Case



At the 33rd International Conference of Data Protection and Privacy Commissioners, (CDPP), held in Mexico City on November 2 and 3, Yoram Hacohen, Head of Israeli Law, Information and Technology Authority (ILITA) and Ariel Shoham, Deputy Head of the Enforcement Department of ILITA, held a private briefing, where they explained how they cracked the biggest privacy breach case that ever occurred in Israel.
Just a week earlier,on Monday, October 24, ILITA (The Istraeli Law, Information and Technology Authority in the Israeli Ministry of Justice), Israel’s Data Protection Authority, had made the following announcement on its website::
“ILITA (The Israeli Law, Information and Technology Authority in the Israeli Ministry of Justice), Israel’s Data Protection Authority, has cracked the case involving the theft of Israel’s Population Registry, the development of bespoke search and navigation software, and their dissemination online.
 ILITA’s investigation revealed that in 2006, an individual outsourcing service provider to the Ministry of Welfare and Social Services downloaded and stored at his home a complete electronic copy of Israel’s Population Registry, which contains numerous data fields such as full name, identification number, address, date of birth, date of death, date of immigration to Israel, family ties etc. for more than 9 million Israeli citizens, including minors and the deceased.
The suspect disseminated to a third party a copy of the database, which subsequently reached a software developer who developed a program called “Agron 2006” to enable users to run complex searches and queries on the data, including navigating among family ties of the entire Israeli population. The “Agron” software was then cracked and eventually uploaded by a hacker to online peer to peer networks and disseminated worldwide. The hacker went further to create a website promoting the download and use of “Agron”, while implementing sophisticated means, such as proxy servers and purging of traces on his computer, to conceal his identity and try to evade Israeli jurisdiction .”
In this video, filmed by this author during the briefing at the CDPP Conference ,Yoram Hacohen, Head of ILITA and Ariel Shoham, Deputy Head of the Enforcement Department of ILITA, explain how they cracked the biggest ever Israeli privacy breach case.
They started by mapping the entire information infrastructure of the Ministry of Interior, where the breach had occurred, to understand the information flow. ILITA’s forensic lab then retrieved sixty five terabytes of information from diverse sources, most of which were obtained with court orders. Over 135,000 phone calls, 111 external hard drives, 3,232 CD’s, 25 desktops, 13 laptops, 15 USB drives, 45 internal HDs and 25 mobile phones were analyzed.
Watch this fascinating briefing to find out how the investigation led to the unmasking and arrest of six suspects and how one fatal “mistake” by the hacker who published the registry online led to his discovery.


Privacy and Data Protection Week in Mexico City





This past week was “Privacy Week” in Mexico City, where three seperate conferences were held back-to-back.
The Public Voice  conference, chaired by Lillie Coney of EPIC, had as its theme: “Privacy is Freedom”
One of the highlights was a discussion between David Benasar, Senior Legal Counsel Aticle 19 and Marc Rotenberg, President of EPIC, titled: Frame the Issues Related to Freedom of Expression. Here are some of the ideas that were expressed:
About the Right to Freedom of Expression claimed by business and Right to Privacy:
Right to Privacy is essentially a pre-requisite for Freedom of Expression: the right of anonymity, for example, is the right to withhold our identity so we can express our views. Think for example the Arab spring or the protests in London and Vancouver. On the other hand, to call the actions of businesses to do away with our privacy for the purpose of conducting business “a right to freedom of expression” is like putting a Halloween costume on something and calling it “the Right to Freedom of Expression.” (In other words, it is a travesty.)
About the Right to Freedom of Expression claimed by journalists and Right of Privacy:
There is in media law a tension between freedom of expression and privacy rights of public officials and private individuals. It is important to be able to talk publicly and critically, particularly about public officials. But on the other hand, newspapers which publish gossip in order to sell (like in the recent UK phone hacking scandals) have a less defensible case for breaching people’s privacy. Yes, the news may be “news”, but it is meaningless news. This should not be defendable as a “freedom of expression” excuse to breach privacy.
Another very interesting panel was “Cultures and Privacy around the World“, moderated by Alberto Cerda, ONG Derechos Digitales.
This panel considered whether privacy and data protection are culture dependent. From left to right: Jacob Kohnstamm, Chair Article 29 Working Party (EU), Moez Chakchouk, CEO, Tunisian Internet Agency (TUN), David Vladeck, FTC (USA), Alberto Cerda, moderator, Lara Ballard, Department of State (USA), Zhou Hanhua (CHN).
(Note: this video is edited; the moderator’s recap comments have been edited for lack of space.)
Interesting note: At around 11:00, David Vladeck declares that clicking through an opt-in consent without even reading the dozen or so pages of “gobbledygook” or “word barf”, (as most of us do), is not a meaningful “consent”.


The OECD Conference, held on November 1, had as its theme: “Current Developments in Privacy Frameworks: Towards Global Interoperability”
The international character of personal data flows have accentuated the cross-border dimension of privacy issues and the corresponding need for a truly global dialogue.
As the OECD Secretary-General Angel Gurriá noted in a videotaped message:
“We describe our activities on social networks. We disclose our interests through our Internet browsing habits and online purchases with credit cards. We are located in time and space through the mobile devices we use. Detailed digital profiles of each of us can be assembled, and they can affect our opportunities positively or negatively.
Secondly, today’s data flows are continuous and global. The hype around terms like “cloud computing” and “big data” remind us that we are facing dramatic transformations in the delivery of online services. These shifts challenge the governance mechanisms we created in the pre-Internet era.”
Three of the primary frameworks with an international dimension (OECD, European Union, and Council of Europe) are as a consequence currently under review, and a fourth (APEC) is developing new cross-border implementation arrangements.
The Terms of Reference of the review of the OECD Privacy Guidelines were released on November 1.
One of its primary objectives is to ensure the global interoperability of privacy frameworks. Although each national culture has its own vision and approach to privacy,  a level global playing-field is needed. Widespread agreement on core privacy principles is not sufficient. We also need to strengthen mutual recognition and co-operation in their implementation.
Finally, The 33rd International Conference of Data Protection and Privacy Commissioners (ICDPPC 2011), was held on November 1 and 2 and was titled “PRIVACY: The Global Age.
Diego Rivera Mural; picture by Monique Altheim

Peter Schaar, Federal Commissioner for Data Protection in Germany, explained the need for global standards well:
He said that the EU Data Protection framework was based on a model, in which data are collected by a data controller in a data base in the EU and then sent cross-border. Today, however, most data are collected directly from the end-user by data collectors outside of the EU, which creates enforcement issues for the EU authorities.
The buzz words at the conference were: accountability, privacy by design, privacy by re-design, education, information governance, the obsolescence of “consent” in the age of “big data”. The term “global interoperability by design” was coined.
One of the livelier discussions occurred during the panel titled “How does the growth of data, its mining and application challenge the way privacy enforcement agencies protect individuals”.
Peter Schaar, Federal Commissioner for Data Protection in Germany, pointed to the need to protect consumers from automatic and algorithmic decision making from big data. For example, should credit institutions be allowed to predict the likelihood of someone paying back a loan, based on who his/her Facebook friends are?
There were a few points of agreement during the conference: There was unanimous consensus that the user/consumer/ customer/citizen should have control over the use of his/her data. The discussions turned more on how to achieve that goal. Most data protection authorities seemed to agree that, in the age of big data, and re-purposed uses of big data, the consent-model of control has become obsolete, because it has become impossible to give a truly informed consent concerning the uses of one’s data: it is today impossible to predict what use our data will be put to. For example, when one uses Google’s search engine, does one consent that, if one searches for a certain chronic disease, one’s insurance premium might go up because of those search terms? Or that no employer will hire someone, based on the presumption of chronic disease as created by the use of that search term? This has led some to push for more regulation of the use of data, as opposed to regulation of the collection of data.
Another point of agreement was the need for data protection authorities to avail themselves more of IT and forensic expertise as wel as the need to educate the ignorant masses.
A very interesting term was coined by Jose Clastornic from the DPA of Uruguay: Global interoperability by design; Global privacy interoperability by design means the incorporation of international privacy standards into a national privacy legislation. This will guarantee that nation a boomig service industry, since it will become the go-to place because of its interoperable, international standards of privacy protection. This seems to be a trend in most Latin American countries, as well as China and other Asian countries.

 
 

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The Data Privacy Debate in Social Media Market Research: A Legal Perspective

by Monique Altheim
Greenbookblog.org recently hosted a debate by representatives of research associations and companies engaged in social media research on the subject of data privacy in social media market research. Three major industry bodies were represented: CASRO, MRS and ESOMAR. The debate was spurred on by the recent issuing of new guidelines by ESOMAR, draft guidelines by CASRO and a discussion paper from MRS. The guidelines seek to apply the old, existing market research industry standards and best practices to social media research.
Social media marketing research includes includes netnography, blog mining, message boards, chat rooms, and forum analysis, and web scraping of social media sites. All the guidelines propose that the core fundamental principles guiding face to face, mail and telephone research (see: ICC/ESOMAR International Code of Marketing and Social Research Practice), should also apply to social media market research. The distinction between public and private space that determines the old marketing research guidelines is carried over online. For example, in “private” spaces, where users would expect their comments to be private, users cannot be identified without their prior consent. In “public” spaces, however, content is posted with the expectation that it will be read by the public. Examples are public blogs and comments left on public blogs and websites. Those users can be quoted and identified.
The industry organizations cite the need to maintain the public’s trust, as well as the hope to prevent impending legislation from applying to market research as the main reasons for encouraging self regulation. The market researchers on the other hand claim that with the advent of big data, social media sites and new technologies, the market research profession has changed. Focus groups and surveys are giving way to newer techniques such as analytics, crowd sourcing and sentiment analysis, and now include professionals that do not consider themselves old-school market-researchers and that do not let themselves be encumbered by the self-regulatory restrictions imposed by the old-school market research industry organizations. Why, say the traditional market-researchers, should they be disadvantaged in the market place by cumbersome self-regulation?
Meanwhile, it is important not to lose track of the legal landscape and examine the already existing national and international data privacy legislation, and see how they apply to market-research.
Read more here.

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Carlota Perez’s Message of Hope at the Web 2.0 Expo New York



Web 2.0 Expo, the trade show for the builders of the next-generation web, just ended in New York.
As usual since its debut in 2004, the conference offered a rich array of presentations related to the web ecosystem, showcasing innovations and practical advice  in design, marketing, ecommerce, cloud computing and social media.
Out of the many excellent keynote presentations, Fred Wilson’s conversation with Carlota Perez stood out, because it offered a message of hope in these dark economic times:
A Conversation with Fred Wilson and Carlota Perez
In this lively conversation between Fred Wilson of Union Square Ventures and AVC.com and Carlota Perez about the current economic crisis, Carlota made a passionate plea for a new way of life.
Carlota believes that it is the technological revolutions that drive positive change. The last technological revolution, which was that of mass production, has led to an economic boom. Today, the new technological revolution is IT, and it has the potential of leading us into a new global “Golden Age”.
“What’s good for IT is good for the world, and what’s good for the world is good for IT,” she said, paraphrasing the famous 1953 remark by GM Chief Executive Charles Wilson.
The old way of life, based on growing consumption of material goods, has become unsustainable, due to the high cost of production and the scarcity of resources.
“For all the people in China and India to live the way we live in America, we would need seven planets.”
In order for IT to realize its potential for global wealth creation, there needs to be a consensus on the necessity to create a new way of life: A “green” life, a sustainable life, with emphasis on consumption of life enhancing services instead of continuous and growing consumption of material goods.
Green societies would create new jobs in areas such as recycling, maintenance, waste disposal, renewal of entire infrastructures, redesign of buildings, and redesign of products to be more durable and more energy efficient.
Only the dinosaurs (a.k.a governments and the old industry) insist on keeping the status quo, she said. She urged leaders in the IT world to become politically involved and called out to leadership to encourage Finance to leave the “casinos” and invest in this real economy instead.
Fred Wilson then turned to the international audience, consisting of VCs, business leaders and owners, entrepreneurs, web developers, web designers, marketers, and consultants and said: “That’s all of you: go out and get it done!”
Watch live streaming video from web20tv at livestream.com

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