This week in digital trust elevenM

Dr Katharine Kemp (bio below) is an Associate Professor at the Faculty of Law & Justice, UNSW Sydney, and Deputy Director of the Allens Hub for Technology, Law and Innovation.

In this conversation, we explore how privacy and competition policy concerns are increasingly coming together, particularly in actions underway against tech giants like Meta and Apple.

We also discuss Dr Kemp's recent research (with the CPRC) into the level of control and understanding consumers have about how their information is collected and used.



Dr Katharine Kemp - FULL BIO

Dr Katharine Kemp is an Associate Professor at the Faculty of Law & Justice, UNSW Sydney, and Deputy Director of the Allens Hub for Technology, Law and Innovation. Katharine’s research focuses on competition, consumer protection and data privacy regulation, particularly the intersection of these areas. She has published widely in these fields and is frequently sought out to consult with industry, regulators and policymakers.

In 2023, she received the Australian Financial Review Higher Education Emerging Leader Award acknowledging the transformational impact of her work. Her advisory roles have included representing Australia as a Non-Government Advisor to the International Competition Network, and acting as a Member of the Advisory Board of the Future of Finance Initiative in India and the Expert Panel of the Consumer Policy Research Centre.

She also teaches and convenes courses in Data Privacy Law; Fintech; and Contracts at UNSW Law. Katharine previously practised as a commercial lawyer at major law firms and as a barrister at the Melbourne Bar, and consulted to the Competition Commission of South Africa during the six years that she lived and worked in South Africa.



Links:

Associate Professor Katharine Kemp https://www.unsw.edu.au/staff/katharine-kemp



Singled Out: joint research by UNSW and CPRC https://cprc.org.au/wp-content/uploads/2024/02/CPRC-Singled-Out-Final-Feb-2024.pdf



Article on decision against Meta by Bundeskartellamt (NY Times) https://www.nytimes.com/2023/07/04/business/meta-germany-data.html



Article on US DOJ action against Apple (The Verge) https://www.theverge.com/2024/3/21/24105363/apple-doj-monopoly-lawsuit



Credits:

Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

This week, Jordan is joined by elevenM colleague Jonathan Gadir to break down the stoush between Elon Musk and Australia's eSafety Commissioner.

In recent weeks, Musk and his platform X have resisted calls to globally remove content related to a stabbing event in Sydney in April. The standoff has opened up a conversation about the merits of regulating so-called harmful online content, and the extent to which doing so impinges on free speech.

Jordan and Jonathan debate the merits of the eSafety Commissioner's actions and its powers, the feasibility of the global takedown requests, and the potential future consequences of these orders.

 

Links:

Article about Federal Court rejecting call to extend blocking injunction https://www.sbs.com.au/news/article/elon-musks-x-will-no-longer-be-forced-to-remove-videos-of-wakeley-church-stabbing/t8lvlk26r

Media Watch piece https://www.abc.net.au/mediawatch/episodes/musk/103781898

Online Safety Act https://www.esafety.gov.au/newsroom/whats-on/online-safety-act

Key elements of Online Safety Act https://www.infrastructure.gov.au/media-technology-communications/internet/online-safety/current-legislation

 

Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com

In this special episode for Privacy Awareness Week, Jordan sits down with Australia’s Privacy Commissioner Carly Kind.

It's a great chat, covering the Commissioner's first impressions of the role, her professional background and how it shapes her approach, her regulatory priorities and what she hopes to achieve as Privacy Commissioner, and of course the PAW theme - what it's all about and how you can get involved.



Links

Privacy Awareness Week 2024 https://paw.gov.au/

 

Credits

Editing and post-production by Martin Franklin (East
Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

It feels a little like déjà vu, but this week we discuss the US's newest, best candidate for a federal privacy law - the American Privacy Rights Act. With bipartisan and bicameral support for the draft law the mood is cautiously optimistic, though there's a very long way to go.

We'll discuss what Australia can learn from the more novel elements of the proposed new law, and we'll explore how the growing policy focus on managing online harms is driving recognition of the need for strong privacy regulation, and we'll unpack how the issue of pre-emption (or overriding of state privacy laws) can be both the biggest driver and the biggest challenge for the bill.

 

Links

A good overview of the American Privacy Rights Act (TechPolicy.Press) https://www.techpolicy.press/the-american-privacy-rights-act-of-2024-explained-what-does-the-proposed-legislation-say-and-what-will-it-do/

Summary and comparison to the 2022 privacy bill from a pro innovation think tank (ITIF) https://itif.org/publications/2024/04/10/privacy-bill-faceoff-comparing-the-apra-and-adppa/

Electronic Frontier Foundation's assessment (EFF) https://www.eff.org/deeplinks/2024/04/americans-deserve-more-current-american-privacy-rights-act

A list of the very many sectoral privacy laws in the US (EPIC) https://epic.org/issues/privacy-laws/united-states/

US State Privacy Law Tracker (IAPP) https://iapp.org/resources/article/us-state-privacy-legislation-tracker/

 

Credits:

Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au

Music by Bensound.com

News feeds, search results, directions across town, even job or rental applications - opaque algorithms determine an increasingly large proportion of our lives.

In the US, the Federal Trade Commission is going after landlords for using algorithms to illegally fix rental prices.

Back home, a secret algorithm determines how detainees in immigration detention are treated.

Through the lens of these two recent news stories, we explore the consequences of an increasingly algorithmically determined world and how algorithms can provide a false air of objectivity, giving cover for bad behaviour, bias or other errors.



Links:

FTC statement on price fixing by algorithm https://www.ftc.gov/business-guidance/blog/2024/03/price-fixing-algorithm-still-price-fixing

Guardian article about algorithmic risk-ratings for Serco immigration detainees https://www.theguardian.com/australia-news/ng-interactive/2024/mar/13/serco-australia-immigration-detention-network-srat-tool-risk-rating-ntwnfb

ACCC v Trivago - misleading customers about their ranking algorithm https://www.accc.gov.au/media-release/trivago-to-pay-447-million-in-penalties-for-misleading-consumers-over-hotel-room-rates

Rod Sims 2017 speech on algorithms https://www.accc.gov.au/media-release/new-competition-laws-a-protection-against-big-data-e-collusion

Comments on ADM by NSW OMbudsman (InnovationAus) https://www.innovationaus.com/automated-decisioning-sweeps-across-nsw-govt/

CHOICE report on RentTech in Australia https://www.choice.com.au/consumers-and-data/data-collection-and-use/how-your-data-is-used/articles/choice-renttech-report-release

Algorithmic bias in sentencing (Pro Publica) https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing

 

Credits:
Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au
Music by Bensound.com

This week we break down the US Department of Justice's suit against Apple, claiming the tech giant is engaging in unlawful behaviour.

In particular we examine the DOJ's charge that Apple has long justified anti-competitive behaviour on the basis of claims about better privacy and security.

The suit raises interesting questions about the the tradeoffs between privacy and competition, and the best way to regulate tech platforms.



Links:DOJ filing https://www.justice.gov/opa/pr/justice-department-sues-apple-monopolizing-smartphone-marketsArticle summarising the DOJ's suit (The Verge) https://www.theverge.com/24107581/doj-v-apple-antitrust-monoply-news-updatesArticle about the security benefits of Apple's approach (The Verge) https://www.theverge.com/2024/4/2/24107719/iphone-security-apple-doj-monopoly-antitrust-lawsuitArticle about "green bubble stigma" (NPR) https://www.npr.org/2024/03/28/1241473453/why-green-text-bubble-stigma-is-part-of-the-anti-trust-case-against-appleStrategy Credit (Stratechery) https://stratechery.com/2013/strategy-credit/Article about Apple telling Jon Stewart not to interview Lina Khan (Guardian) https://www.theguardian.com/media/2024/apr/02/jon-stewart-interview-lina-khan-apple

 

Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com