The European Union’s top court ruled Thursday that an agreement that allows thousands of companies — from tech giants to small financial firms — to transfer data to the United States is invalid because the American government can snoop on people’s data.
The ruling to invalidate Privacy Shield will complicate business for some 5,000 companies, and it could require regulators to vet any new data transfers to make sure Europeans’ personal information remains protected according to the EU’s stringent standards.
It will no longer simply be assumed that tech companies like Facebook will adequately protect the privacy of its European users’ data when it sends it to the U.S. Rather, the EU and U.S. will likely have to find a new agreement that guarantees that Europeans’ data is afforded the same privacy protection in the U.S. as it is in the EU.
Privacy activists hailed the court ruling as a major victory, while business groups worried about the potential to disrupt commerce, depending on how the ruling is implemented. Companies like Facebook routinely move such data among their servers around the world and the practice underpins billions of dollars in business.
“It is clear that the U.S. will have to seriously change their surveillance laws, if U.S. companies want to continue to play a major role on the EU market,” said Max Schrems, an Austrian activist whose complaints about the handling of his Facebook data triggered the ruling after years of legal procedures.
He first filed a complaint in 2013, after former U.S. National Security Agency contractor Edward Snowden revealed that the American government was snooping on people’s online data and communications. The revelations included detail on how Facebook gave U.S. security agencies access to the personal data of Europeans.
Though the legal case was triggered by concerns over Facebook in particular, it could have far-reaching implications not only for tech companies but also businesses in sectors like finance and the auto industry.
Things like email, flight and hotel reservations would not be affected in the short term, experts say. Cloud services by providers like Microsoft will also continue, pending any intervention from a regulator.
Companies use legal mechanisms called standard contractual clauses that force businesses to abide by strict EU privacy standards when transferring messages, photos and other information. The clauses — which are stock terms and conditions — are used to ensure the EU rules are maintained when data leaves the bloc.
The Court of Justice of the EU ruled Thursday that those clauses are still valid in principle. However, it declared invalid the Privacy Shield agreement between the U.S. and EU on data transfers over concerns that the U.S. can demand access to consumer data for national security reasons.
It said that in cases where there are concerns about data privacy, EU regulators should vet, and if needed block, the transfer of data. That raises the prospect that EU regulators will block Facebook, for example, from transferring any more European data to the U.S.
The court noted in its ruling that there are “limitations on the protection of personal data arising from the domestic law of the United States on the access and use by U.S. public authorities of such data transferred from the European Union to that third country.”
Government surveillance of personal data is something the U.S. in its turn accuses China of doing through tech companies like Huawei. It highlights the growing importance of data as the basis of modern business and politics globally.
Data drives much of the world’s biggest companies, like Facebook, Google, Alibaba and Amazon, and is also prized for national security to prevent extremist attacks, for example. Mining large sets of people’s data has also become crucial to winning elections, such as the use of Facebook data for Donald Trump’s presidential victory in 2016.
Alexandre Roure, a senior manager at Computer & Communications Industry Association, said the decision “creates legal uncertainty for the thousands of large and small companies on both sides of the Atlantic that rely on Privacy Shield for their daily commercial data transfers.
“We trust that EU and U.S. decision-makers will swiftly develop a sustainable solution, in line with EU law, to ensure the continuation of data flows which underpins the trans-Atlantic economy.”
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Category: eNews
Digital and technology news. A newsletter is a printed or electronic report containing news concerning the activities of a business or an organization that is sent to its members, customers, employees or other subscribers
High-Profile Twitter Accounts Swept Up in Wave of Apparent Hacking
A wave of tweets in apparent hacking swept through Twitter on Wednesday, with more than half a dozen high-profile accounts – belonging to U.S. presidential candidate Joe Biden, billionaire Bill Gates, and rapper Kanye West, among others – used to solicit bitcoin donations.The cause of the breach was not immediately clear, but the scale and the scope of the problem suggested that it was not limited to a single account or service.Shares of Twitter tumbled nearly 4% in trading after the market close.Twitter said in an email that it was looking into the matter and would issue a statement shortly.Some of the tweets were swiftly deleted but there appeared to be a struggle to regain control of the accounts. In the case of billionaire Tesla Chief Executive Elon Musk, for example, one tweet soliciting cryptocurrency was removed and, sometime later, another one appeared.Among the others affected: Amazon founder Jeff Bezos and the corporate accounts for Uber and Apple.A spokesman for Biden’s campaign did not immediately respond to a request for comment. Tesla was not immediately available for comment.Publicly available blockchain records show that the apparent scammers have already received more than $100,000 worth of cryptocurrency.
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As Britain Bans Huawei From 5G, China Warns of Trade Fallout
Britain announced a ban Tuesday on equipment from the firm Huawei in the rollout of its 5G super-fast mobile networks – reversing a decision made just six months ago. As Henry Ridgwell reports from London, the move appears to have been forced by U.S. sanctions on Huawei – and China is warning of possible consequences in future trade relations with Britain
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Apple Wins EU Court Case Over $15 Billion in Claimed Taxes
A European Union court on Wednesday delivered a hammer blow to the bloc’s attempts to rein in sweetheart tax deals between multinationals and individual member countries when it ruled that technology giant Apple does not have to pay 13 billion euros ($15 billion) in back taxes to Ireland.
The EU Commission had claimed in 2016 that Apple had an illegal tax deal with Irish authorities that allowed it to pay extremely low rates. But the EU’s General Court said Wednesday that “the Commission did not succeed in showing to the requisite legal standard that there was an advantage.”
“The Commission was wrong to declare” that Apple “had been granted a selective economic advantage and, by extension, state aid,” said the Luxembourg-based court, which is the second-highest in the EU. The ruling can only be appealed on points of law.
The EU Commission had ordered Apple to pay for gross underpayment of tax on profits across the European bloc from 2003 to 2014. The commission said Apple used two shell companies in Ireland to report its Europe-wide profits at effective rates well under 1%.
In many cases, multinationals can pay taxes on the bulk of their revenue across the EU’s 27 countries in the one EU country where they have their regional headquarters. For Apple and many other big tech companies, that is Ireland. For small EU countries like Ireland, that helps attract international business and even a small amount of tax revenue is helpful for them. The net result, however, is that the companies often end up paying very low tax.
The Irish government welcomed the ruling. “Ireland has always been clear that there was no special treatment provided” to the U.S. company, it said in a statement. “Ireland appealed the Commission Decision on the basis that Ireland granted no state aid and the decision today from the Court supports that view.”
Apple CEO Tim Cook has called the EU demand for back taxes “total political crap.”
The defeat is especially stinging for EU Vice-President Margrethe Vestager, who has campaigned for years to root out special tax deals. Trump has referred to her as the “tax lady” who “really hates the U.S.”
The Eurodad network of 49 civil society organisations said that the ruling showed how tough any tax policy remains. “”If we had a proper corporate tax system, we wouldn’t need long court cases to find out whether it is legal for multinational corporations to pay less than 1% in taxes,” said Tove Maria Ryding of Eurodad.
Even though taxation remains under the authority of its member countries, the EU is seeking to create a level playing field among the 27 nations by making sure special deals including ultra-low tax rates with multinationals are weeded out.
The ruling comes at a time when tax income for EU nations is especially welcome because of the economic impact of the coronavirus pandemic. At a time when cash-strapped households are suffering, the EU wants to make sure multinationals making profits on the continent pay their fair share, too.
Meanwhile, the EU Commission was to unveil new plans to combat tax fraud only hours after the ruling in Luxembourg.
“In times like these when we are passing multibillion-euro economic stimulus packages, we cannot afford to waste a single cent in tax revenue”, said EU legislator Markus Ferber of the Christian Democrat EPP Group.
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Britain Bans China’s Huawei from New 5G Network
The British government has banned China’s Huawei telecommunications equipment company from playing a limited role in Britain’s new high-speed mobile phone network.Britain’s Culture Secretary, Oliver Dowden, said the country’s telecommunications operators have until 2027 to remove Huawei’s equipment that is currently used in Britain’s 5G network.Britain’s decision could have wide-ranging implications for relations between the two countries and signals that Huawei may be losing support in the West. Dowden said the ban was imposed after the U.S. threatened to cancel an information-sharing deal due to concerns Huawei’s equipment could allow the Chinese government to penetrate British networks.British Prime Minister Boris Johnson agreed in January to give Huawei a limited role in Britain’s high-speed network, but the decision sparked a diplomatic disagreement with the U.S.
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Google Plans to Invest $10 Billion in India
Google announced it will invest $10 billion in India in an effort to make the internet more “affordable and useful” to the more than one billion people living there. “This is a reflection of our confidence in the future of India and its digital economy,” CEO Sundar Pichai said in a statement Monday. The money, to be spent through a new Google for India Digitization Fund over the next five to seven years, will invest in India’s technology sector. FILE – Google CEO Sundar Pichai speaks during a visit to El Centro College in Dallas, Oct. 3, 2019.”We’ll do this through a mix of equity investments, partnerships, and operational, infrastructure and ecosystem investments,” said Pichai. This new investment represents Google’s biggest commitment to India yet. These investments focus on increasing access to the internet throughout India, as well as aiding businesses with the transition to online operations. Much of this will be accomplished through a focus on using apps and new software platforms. Google aims to use this move to enlarge internet access beyond English and into more local languages throughout India. Google also hopes to use its investments for the public good, working to improve areas as broad as education, agriculture and health. “As we make these investments we look forward to working alongside Prime Minister (Narendra) Modi and the Indian government, as well as Indian businesses of all sizes to realize a shared vision for a Digital India,” Pichai said. “Our goal is to ensure that India not only benefits from the next wave of innovation but leads it.”
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Top White House Adviser Expects Tough Action on TikTok, WeChat
White House trade adviser Peter Navarro said Sunday he expected President Donald Trump to act firmly against the TikTok and WeChat applications, amid rising tensions between Washington and Beijing.Trump last week had said he is considering banning the wildly-popular TikTok app as a way to punish China over the coronavirus pandemic.In an interview with Fox News, Navarro argued that “what the American people have to understand is all of the data that goes into those mobile apps that kids have so much fun with… goes right to servers in China, right to the Chinese military, the Chinese Communist Party.”He said these apps can be used to steal intellectual property. “So expect strong actions on that” by Trump, Navarro warned.Fast-growing video-sharing app TikTok belongs to the Chinese group ByteDance and has nearly one billion users worldwide.TikTok has sought to distance itself from its Chinese owners, pointing out it has an American CEO and consistently denying allegations that it shares data with Beijing.WeChat, owned by Tencent, is the main messaging application in China with more than one billion users.
Navarro also accused TikTok’s new boss Kevin Mayer, former head of Disney’s streaming platforms, of being an American puppet.On Friday Amazon said it mistakenly sent workers an email telling them to dump the TikTok mobile application from their cell phones because of security concerns.An Amazon spokesperson later told AFP “there is no change to our policies right now with regard to TikTok.”Democratic campaign teams for the U.S. presidential election have been asked to avoid using TikTok on personal devices and, if they do, to keep it on a non-work phone.The research firm eMarketer estimates TikTok has more than 52 million U.S. users, having gained about 12 million since the outbreak of the coronavirus pandemic. TikTok is especially popular with young smartphone users.
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Touchless: How the World’s Busiest Airport Envisions Post-COVID Travel
With COVID-19 ravaging the aviation industry, airlines and airports worldwide are reining in costs and halting new spending, except in one area: reassuring pandemic-wary passengers about travel.”Whatever the new normal (…) it’s going to be more and more around self-service,” Sean Donohue, chief executive of Dallas-Forth Worth International Airport (DFW), told Reuters in an interview.The airport is working with American Airlines – whose home base is DFW – to roll out a self-check-in for luggage, and all of its restrooms will be entirely touchless by the end of July with technology developed by Infax Inc. They will have hands-free sinks, soap, flushing toilets, and paper towel dispensers, which will be equipped with sensors to alert workers when supplies are low.”One of the biggest complaints airports receive are restrooms,” Donohue said.Dallas is piloting three technology options for luggage check-ins: Amadeus’s ICM, SITA, and Materna IPS.DFW has become the world’s busiest airport, according to figures from travel analytics firm Cirium, thanks in part to a strategy by large global carrier American to concentrate much of its pandemic flying through its Texas hub.Last year DFW rolled out biometric boarding — where your face is your boarding pass — for international flights and is taking advantage of the lull in international traffic to work with U.S. Customs and Border Protection to use the VeriScan technology for arriving passengers too, he said.Delta Air Lines opened the first U.S. biometric terminal in Atlanta in 2018, and some airports in Europe and Asia also use facial recognition technology. It has spurred some concerns, however, with a U.S. government study finding racial bias in the technology and the European Union earlier this year considered banning it in public places over privacy concerns.The Dallas airport is also testing new technology around better sanitization, beginning with ultraviolet technology that can kill germs before they circulate into the HVAC system.But it has also deployed electrostatic foggers and hired a “hit team” of 150 people who are going through the terminals physically sanitizing high-touch areas.”Technology is critical because it can be very efficient,” Donohue said, but customers “being able to visualize what’s happening is reassuring as well.” DFW has invested millions of dollars above its cleaning and sanitation budget since the pandemic broke out, while suspending about $100 million of capital programs and reducing its second-half operating costs by about 20% as it addresses COVID-19’s steep hit to the industry, which only months ago was preparing for growth.Nearly 114,000 customers went through DFW on July 11, an improvement from a 10,000 per day trough in April, but still just about half of last year’s volumes.The airport has also been testing touchless technology for employee temperature checks, but is not currently planning hotly-debated checks for passengers, barring a federal mandate for which there has yet to be any inclination by the U.S. government.Michael Davies, who runs the New Technology Ventures program at London Business School, said technology will be one of many changes to the airport experience going forward, with fewer overall travelers who will be seeking more space and spending less time dining and shopping.”You put these things together and this feels in some interesting ways very much like back to the golden age of air travel,” said Davies.
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US Convicts Russian Hacker in 2012 Data Breach
A jury in San Francisco convicted Russian citizen Yevgeny Nikulin after a series of hacks and cyberthefts eight years ago that targeted major U.S. social-media companies such as LinkedIn and Dropbox.The District Court for the Northern District of California on Friday said Nikulin would be sentenced September 29.Nikulin, 32, faces up to 10 years in prison for each count of selling stolen usernames and passwords, installing malware on protected computers, as well as up to five years for each count of conspiracy and computer hacking.According to U.S. prosecutors, Nikulin in 2012 stole the usernames and passwords of tens of millions of social media users to access their accounts. Some of that data was put up for sale on a Russian hacker forum.Nikulin, who last year was examined by court-ordered psychologists amid concerns about his mental health, had pleaded not guilty to the charges.His lawyer, Arkady Bukh, vowed to appeal the verdict, which he called a “huge injustice.” Nikulin was detained in the Czech Republic in October 2016 and extradited to the U.S. 17 months later.The move angered Moscow, which had asked Czech authorities to extradite Nikulin to his home country, citing him as a suspect in a $2,000 online theft in 2009.Nikulin’s trial started in California in early March but was interrupted by the coronavirus pandemic a week later, when nearly all in-person court hearings were postponed across the United States.
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Amazon Says Email to Employees Banning TikTok Was a Mistake
Roughly five hours after an internal email went out to employees telling them to delete the popular video app TikTok from their phones, Amazon appeared to backtrack, calling the ban a mistake. “This morning’s email to some of our employees was sent in error. There is no change to our policies right now with regard to TikTok,” Amazon emailed reporters just before 5 p.m. Eastern time. Spokeswoman Jaci Anderson declined to answer questions about what happened. The initial internal email, which was disseminated widely online, told employees to delete TikTok, a video app increasingly popular with young people but also the focus of intensifying national-security and geopolitical concerns because of its Chinese ownership. The email cited “security risks” of the app. An Amazon employee who confirmed receipt of the initial email but was not authorized to speak publicly had not seen a retraction at the time of Amazon’s backtrack. Amazon is the second-largest U.S. private employer after Walmart, with more than 840,000 employees worldwide, and moving against TikTok would have escalated pressure on the app. It is banned on employee phones by the U.S. military and the company is subject to a national-security review of its merger history. U.S. Secretary of State Mike Pompeo said this week that the government was “certainly looking” at banning the app. FILE – This Feb. 25, 2020, file photo, shows the icon for TikTok in New York.Chinese internet giant ByteDance owns TikTok, which is designed for users outside of China; it also makes a Chinese version called Douyin. Like YouTube, TikTok relies on its users for the videos that populate its app. It has a reputation for fun, goofy videos and is popular with young people, including millions of American users. But it has racked up concerns such as censorship of videos, including those critical of the Chinese government; the threat of sharing user data with Chinese officials; and violating kids’ privacy. TikTok said earlier in the day that Amazon did not notify it before sending the initial email around midday Eastern. That email read, “The TikTok app is no longer permitted on mobile devices that access Amazon email.” To retain mobile access to company email, employees had to delete the TikTok app by the end of the day. “We still do not understand their concerns,” TikTok said at the time, adding that the company would welcome a dialogue to address Amazon’s issues. A spokeswoman did not immediately reply to a request for comment Friday evening. TikTok has been trying to appease critics in the U.S. and distance itself from its Chinese roots, but finds itself caught in an increasingly sticky geopolitical web. It recently named a new CEO, former Disney executive Kevin Mayer, which experts said could help it navigate U.S. regulators. And it is stopping operations in Hong Kong because of a new Chinese national security law that led Facebook, Google and Twitter to also stop providing user data to Hong Kong authorities. Pompeo said the government remained concerned about TikTok and referred to the administration’s crackdown on Chinese telecom firms Huawei and ZTE. The government has tried to convince allies to root Huawei out of telecom networks, saying the company is a national-security threat, with mixed success; Trump has also said he was willing to use Huawei as a bargaining chip in trade talks. Huawei has denied that it enables spying for the Chinese government. “With respect to Chinese apps on people’s cell phones, I can assure you the United States will get this one right too,” Pompeo said, and added that if users downloaded the app their private information would be “in the hands of the Chinese Communist Party.” A U.S. national-security agency has been reviewing ByteDance’s purchase of TikTok’s precursor, Musical.ly. Meanwhile, privacy groups say TikTok has been violating children’s privacy, even after the Federal Trade Commission fined the company in 2019 for collecting personal information from children without their parents’ consent. Amazon may have been concerned about a Chinese-owned app’s access to employee data, said Susan Ariel Aaronson, a professor at George Washington University and a data governance and national-security expert. China, according to the U.S. government, regularly steals U.S. intellectual property. Part of Amazon’s motivation with the ban, now apparently reversed, may also have been political, Aaronson said, since Amazon “doesn’t want to alienate the Trump administration.” Amazon and its founder, Jeff Bezos, are frequent targets of President Donald Trump. Bezos personally owns The Washington Post, which Trump has referred to as “fake news” whenever it publishes unfavorable stories about him. Last year, Amazon sued the U.S. government, saying that Trump’s “personal vendetta” against Amazon, Bezos and the Post, led it to lose a $10 billion cloud computing contract with the Pentagon to rival Microsoft. Meanwhile, federal regulators as well as Congress are pursuing antitrust investigations at Amazon as well as other tech giants. TikTok has content-moderation policies, like any social network, but says its moderation team for the U.S. is led out of California and it doesn’t censor videos based on topics sensitive to China and would not, even if the Chinese government asked it to. As for sharing U.S. user data with the Chinese government, the company says it stores U.S. user data in the U.S. and Singapore, not China; that its data centers are outside of China; and it would not give the government access to U.S. user data even if asked. Concerns about China are not limited to the U.S. India this month banned dozens of Chinese apps, including TikTok, because of tensions between the countries. India cited privacy concerns that threatened India’s sovereignty and security for the ban. India is one of TikTok’s largest markets and had previously briefly banned the app in 2019 because of worries about children and sexual content.
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Memo: Amazon.com Bans TikTok from Employees’ Phones, Cites ‘Security Risks’
Amazon.com Inc has requested employees remove the TikTok video sharing app from their mobile devices by July 10 over “security risks,” according to a memo to employees seen by Reuters. “Due to security risk, the TikTok app is no longer permitted on mobile devices that access Amazon email. If you have TikTok on your device, you must remove it by 10-Jul to retain mobile access to Amazon email. At this time, using TikTok from your Amazon laptop browser is allowed,” according to the email. Amazon.com representatives did not immediately return requests for comment. “While Amazon did not communicate to us before sending their email, and we still do not understand their concerns, we welcome a dialog so we can address any issues they may have and enable their team to continue participating in our community,” TikTok responded in a statement. Chinese-owned social media platform TikTok, among the fastest growing digital platforms in history, is facing heavy scrutiny outside China. India banned TikTok and other Chinese apps in June. U.S. Secretary of State Mike Pompeo said earlier this week Washington was considering banning TikTok in the United States. Asked if Americans should download it, he told Fox News: “Only if you want your private information in the hands of the Chinese Communist Party.” Two Republican senators in March introduced a bill aimed at banning federal employees from using TikTok on their government-issued phones, amid growing national security concerns around the collection and sharing of data on U.S. users with China’s government. Last year the United States Navy banned TikTok from government-issued mobile devices, saying the short video app represented a “cybersecurity threat.” Last November, the U.S. government launched a national security review of TikTok owner Beijing ByteDance Technology Co’s $1 billion acquisition of U.S. social media app Musical.ly, Reuters first reported last year.
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Britain in Huawei Dilemma as China Relations Sour
There is growing speculation that Britain may be about to reverse course and ban Chinese firm Huawei from Britain’s rollout of 5G mobile telecoms technology. Prime Minister Boris Johnson approved Huawei’s involvement in the construction of non-core elements of Britain’s 5G mobile network in January. The United States strongly criticized that decision, warning that the company is closely linked to the Chinese government and poses a big security risk. It appears Johnson may be about to heed that warning. “I am very, very determined to get broadband into every part of this country, reaching out for across the whole of the U.K. And we’re convinced that we can do that,” Johnson told reporters Monday. “I am also determined that the U.K. should not be in any way be vulnerable to high-risk state vendors. So, we’ll have to think carefully about how we handle that. We’ll have to come up with the right technological solutions.” So, what has changed?In May, the United States imposed sanctions preventing U.S. companies from supplying Huawei with crucial microchips used in 5G technology. Britain’s National Cyber Security Center, part of the intelligence services, has since warned that the U.S. move makes Huawei technology less secure and reliable. Sorry, but your browser cannot support embedded video of this type, you can
FILE – Pedestrians use their mobile phones near a Huawei advertisement at a bus stop in central London, April 29, 2019.The Huawei decision comes at a crucial time for Britain. Johnson is trying to build what he calls a new “global Britain” following the country’s official exit from the European Union in January and is eyeing new trade deals with the United States and China. London finds itself torn between those two rival powers. In 2015, then-Prime Minister David Cameron hailed a new “golden era” in Sino-British relations as he welcomed President Xi Jinping to London with a full state visit and banquet at Buckingham Palace. Just five years on, tensions are rising fast over Huawei, China’s imposition of a new security law on Hong Kong, and Beijing’s handling of the coronavirus pandemic. China’s ambassador to Britain, Liu Ziaoming, gave a stark warning in an internet broadcast Monday. “We want to be your friend; we want to be your partner, but if you want to make China a hostile country, you have to bear the consequences,” Liu said. A final decision on Huawei is expected before the British Parliament breaks for its summer recess July 22.
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