Ars aequi
By Ars aequi
A podcast by the Department of Innovation and Digitalisation in Law at the University of Vienna. Hosted by Tima Anwana and Paul Eberstaller.
Ars aequiJul 16, 2021
S8 Ep1 — Porn Law Update
In this episode, we revisit the topic of Porn Law and explore the developments that have occurred since our initial podcast series on internet pornography. We discuss the developments of the #ShutdownPornHub petition and the changes that the internet porn giant has made to rectify the issues on its platform. We analyse the controversy surrounding the rebranding of Only Fans, “the Instagram for Porn”. Finally, we discuss the issue of revenge porn and the possible developments in the upcoming Digital Services Act.Sources:
Porn Hub
- https://help.pornhub.com/hc/en-us/articles/1260803955549-Transparency-Report
- https://www.pornhub.com/press
- https://www.vulture.com/2020/12/pornhub-deletes-all-unverified-content-millions-of-videos.html
Only Fans
- https://www.justiz.nrw.de/nrwe/ovgs/vg_duesseldorf/j2021/27_L_1414_20_Beschluss_20211130.html
- https://www.cnbc.com/2021/08/20/onlyfans-bans-sexually-explicit-content.html
- https://www.washingtonpost.com/outlook/2021/08/28/onlyfans-porn-ban-sex-work-internet/
- https://www.washingtonpost.com/technology/2019/08/13/tumblr-once-sold-billion-owner-wordpress-just-bought-site-fraction-that/
Revenge Porn and the Digital Services Act
S7 Ep3 – e-governance
In the final episode of the Digital Justice Series, we explore technology as a tool to improve government administrative and democratic processes through the topic of e-Governance. We discuss the elements of e-Governance from a social and legal perspective. Finally, we explore Estonia’s eGovernance framework as an example of best practice and innovation in the public sector.
Sources:
- https://www.washingtonpost.com/local/education/dc-teacher-evaluation-system-impact-study/2021/08/13/d24066e2-fbb0-11eb-9c0e-97e29906a970_story.html
- https://fdfd812d-4234-49d8-8755-ff45ad565157.filesusr.com/ugd/8a693d_95791ab100d440059996131975497a9c.pdf
- https://en.wikipedia.org/wiki/Electronic_voting
- https://www.onlinezugangsgesetz.de/Webs/OZG/DE/startseite/startseite-node.html
- https://www.penguinrandomhouse.com/books/241363/weapons-of-math-destruction-by-cathy-oneil/
- https://e-estonia.com/
- https://www.e-resident.gov.ee/
S7 Ep2 – Access to Legal Information
In the second episode of the Digital Justice Series, we discuss the right of Access to Information in the context of access to legal information. We explore the challenges faced with ensuring access and the adequate understanding of legal information. Finally, we explore technological solutions, created by Paul to give effect to the right of access to information. These solutions include a Twitter bot, which provides updates on new laws as well as ris+, a search engine for laws. Sources:
- Right of access to information: https://www.humanrightsinitiative.org/programs/ai/rti/international/laws_papers/southafrica/McKinley%20-%20FOI%20in%20South%20Africa.pdf
- https://www.cairn.info/revue-internationale-de-droit-penal-2001-1-page-273.htm
- ris+: https://risplus.at
- BGBL-Bot: https://twitter.com/BGBl_bot
S7 Ep1 – Your Honor, I'm a cat!
Tima and Paul return for a brand new series, the Digital Justice Series. This series explores the influence of digital technology on access to justice and the judicial process. In this episode the topic of “Zoom Court” or virtual hearings is explored with a specific focus on the right of a fair trial.
Sources:
- Lawyer with cat filter viral video: https://youtu.be/lGOofzZOyl8
- Pros and Cons of Virtual Hearings:
- https://www.canadianlawyermag.com/practice-areas/criminal/cameras-in-every-court-how-zoom-trials-have-affected-the-open-court-principle/35457
- https://www.canadianlawyermag.com/news/opinion/zoom-trials-are-here-to-stay-and-that-is-a-good-thing/360383,
- https://www.canadianlawyermag.com/news/opinion/why-a-courtrooms-ceremony-can-never-be-replaced-by-zoom/359119
- https://slate.com/technology/2020/08/zoom-courts-livestream-youtube.html.
- https://primeraal.com/news/constitutionality-of-virtual-court-hearings/.
- https://www.nortonrosefulbright.com/en-za/knowledge/publications/e6f997e6/modernization-of-the-courts-during-covid-19.
- Ebay dispute resolution: https://elibrary.law.psu.edu/cgi/viewcontent.cgi?article=1060&context=arbitrationlawreview
- Poor Internet Connection in Uganda Prisons: https://allafrica.com/stories/202110130202.html
S6 Ep6 – Digitize!
In this episode Seliem El-Sayed (Department of Political Science) and Filip Paspalj (Department of Innovation and Digitalisation in Law) talk about the interdisciplinary and interuniversity project "Digitize! Computational Social Sciences in the digital and social Transformation”. In addition to an overview of the project, Seliem and Filip give an exciting insight into ethical and legal aspects of CSS.
Find out more: https://digitize-transformation.at
Mixing & Editing: Maximilian Treitler
S6 Ep5 – KATY
In this episode of the pass-the-mic-series, Katarzyna and Marie-Catherine talk about their researchproject KATY (Knowledge At the Tip of Your fingers: Clinical Knowledge for Humanity)
Find out more about the project here: https://katy-project.eu/ and https://twitter.com/project_katy
In this Episode: Katarzyna Barud, Marie-Catherine Wagner; Sound: Maximilian Treitler
S6 Ep4 – Privacy4Kids
In this episode of the PassTheMic-Series, Marie-Catherine and Mariana introduce their project Privacy4Kids.
The research project aims to teach children between the ages of 6 and 14 the importance of data protection and privacy online. As part of the project, we will be organising a university course, in which an interdisciplinary team of students will create instructional videos for children.
Find out more here:
https://ufind.univie.ac.at/de/course.html?lv=030608&semester=2021W
S6 Ep3 – The Virtual Brain Cloud
In the third episode of the Pass-the-Mic-Series, Mariana and Michael introduce the Virtual Brain Cloud (VBC) project. The aim of the EU-funded research project is to develop a cloud based decision support platform for diagnosing and treating so-called neurodegenerative diseases such as Alzheimer's.
In the Episode, Mariana and Michael talk about why this project is important and how they as the legal partners tackled data protection issues arising from the project.
Details:
S6 Ep2 – The FSM
In the second episode of the Pass the Mic series, Tima and Lukas discuss the EU funded Horizon 2020 project, The Food Safety Market (TheFSM). TheFSM project consists of a consortium of eleven partners from nine different European countries, working together to develop a transparent data-powered certification ecosystem which ensures secure and efficient data exchange between the various players in the food supply chain. Tima and Lukas discuss the pilot and validation phase of the project, exploring all the relevant legal and ethical aspects.
For more information on the project visit: https://foodsafetymarket.eu/
S6 Ep1 – ProCAncer-I
In this episode of Ars aequi, Emily and Max discuss several of the legal and ethical considerations of the ProCAncer-I project. ProCAncer-I is an EU Horizon 2020 funded research project aimed at developing advanced AI models to provide an effective tool in the diagnosis, metastases detection and prediction of prostate cancer. The ProCAncer-I aims to create the first European legally and ethically compliant, prostate-related medical imaging platform. Within this platform, both large-scale data and AI algorithms will coexist in the platform. Emily and Max discuss the legal challenges of anonymising medical images, the requirements in data protection for the processing of retrospective data and the collection of prospective data as well as the ethical considerations for processing medical images for research.
- Website: https://www.procancer-i.eu/
- LinkedIn: https://www.linkedin.com/company/procancer-i-project/
- Facebook: https://www.facebook.com/ProCAncer.I/
- Twitter: https://twitter.com/ProCAncer_I
S5 Ep3 – Dark Web Investigations
In the final episode of the Dark Web series, we explore the role of Law Enforcement Agencies on the Dark Web. We discuss the technical and jurisdictional challenges that face securities agencies and the methods employed to overcome these challenges. Furthermore, we discuss investigative techniques using real life examples including Open Source Intelligence, Hacking and Undercover strategies. Finally, we explore the ways in which securities agencies collaborate to ensure successful investigations of criminals on the dark web.
Sources:
- https://nij.ojp.gov/topics/articles/taking-dark-web-law-enforcement-experts-id-investigative-needs
- https://www.wired.com/story/hansa-dutch-police-sting-operation/
- https://www.interpol.int/Our-partners/International-organization-partners/INTERPOL-and-the-African-Union
- https://www.coe.int/en/web/cybercrime/-/cybercrime-in-africa-and-the-challenges-of-international-cooperation
- https://bundeskriminalamt.at/306/files/Cybercrime_2019.pdf
- https://www.vice.com/en/article/vv73pj/7-ways-the-cops-will-bust-you-on-the-dark-web
- https://journals.sagepub.com/doi/pdf/10.1177/0022018320952557
- https://www.vice.com/en/article/9a3a4d/suspected-dark-web-vendor-charged-after-trying-to-trademark-his-brand-caliconnect
- https://github.com/apurvsinghgautam/dark-web-osint-tools
S5 Ep2 – Dark Web Marketplaces
In the second episode of the Dark Web Series, we dive deeper into the world of the dark web by exploring what it is most known for, its marketplaces. We discuss various examples of dark web marketplaces and products for sale including drugs, personal data, art and cultural artefacts. We examine how transactions on dark marketplaces occur, specifically looking at the vital role of cryptocurrencies. Finally, we explore how marketplaces on the dark web foster trust amongst users and sellers through self regulation.
Sources:
- https://news.artnet.com/art-world/new-zealand-art-center-director-dubs-dark-web-lindauer-hoax-1161812
- https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2436643
- https://www.heise.de/ct/artikel/Die-Banalitaet-des-Dark-Commerce-Das-Darknet-als-Einkaufsmeile-3052700.html
- https://www.privacyaffairs.com/dark-web-price-index-2021/.
- https://news.artnet.com/art-world/new-zealand-art-center-director-dubs-dark-web-lindauer-hoax-1161812
- https://www.interpol.int/How-we-work/Innovation/Darknet-and-Cryptocurrencies
- https://darknetdiaries.com/episode/85/
S5 Ep1 – Intro to the Dark Web
In the brand new series of the Ars Aequi Podcast, our colleague Catherine Altobelli joins us as we explore the mysterious and dubious world of the Dark web. We take a deep dive into the history of the Dark Web and discuss government influences in the popularity and accessibility of the Dark Web. We explore the technical aspects of the Dark Web and examine the paradox between its privacy related benefits and the criminality that has developed as a result. Finally, we address the legality of the Dark web and explore the tactics adopted by law enforcement to enforce law and order in what is often described as an ungovernable arena.
Sources:
- https://www.csoonline.com/article/3249765/what-is-the-dark-web-how-to-access-it-and-what-youll-find.html
- https://www.identityiq.com/digital-security/the-origins-and-history-of-the-dark-web/
- https://doi.org/10.5210/fm.v24i5.9473
- https://brave.com https://en.wikipedia.org/wiki/List_of_Tor_onion_services
S4 Ep4 – Internet Accessibility
In the final episode of the Tech for Good Series, we explore Internet Accessibility and the overall goal of creating an online space, which can be used by all without restrictions regardless of physical, mental or technical limitations. We investigate the legal and technological tools that are being implemented to create a barrier-free web. Finally, using the Google tool Lighthouse, we investigate the accessibility of 100 different websites including the website of our Department. This episode presents the issue of internet accessibility to all able-bodied people who may not be aware of the challenges facing marginalized groups in our society and online. Given the importance of the internet in our everyday lives, inclusivity and accessibility for all should always be a priority.
Sources:
S4 Ep3 – Protests and digital defense
In this episode of the Tech for Good Series, we explore the impact of technology on the landscape of protests and civil organisation. We examine the positive and negative effects that developments in communication technology and social media have had on mobilisation and protests. We discuss the use of technology as an anti-protest device to supress movements using facial recognition, drones and internet shutdowns. Finally, we provide our listeners with some tech for good solutions, which can be used as digital self-defence mechanisms.
Sources:
- https://www.aljazeera.com/news/2021/3/3/mapping-internet-shutdowns-around-the-world
- https://ssd.eff.org/en/module/attending-protest
- https://www.itu.int/council/pd/constitution.html
- https://techcrunch.com/2019/10/17/catalan-separatists-have-tooled-up-with-a-decentralized-app-for-civil-disobedience/
- https://www.derstandard.at/story/2000119996329/polizei-nutzt-neue-gesichtserkennung-um-demonstranten-zu-identifizieren
- https://www.nytimes.com/2021/05/19/technology/israeli-clashes-pro-violence-groups-whatsapp.html?referringSource=articleShare
- https://www.tagesschau.de/investigativ/kontraste/querdenken-internet-101.html
S4 Ep2 – Dark Patterns
It important to understand as a User that everything on the internet is fighting for your attention and for access to your data. Due to the value of your data, companies often design their User Interface with the intention to induce or deceive you for their benefit and to your detriment. These actions are referred to as ‘DARK PATTERNS’, a term coined by Harry Brignull in 2010. In this episode of the Tech for Good Series, we discuss different types of dark patterns and their effects on us as Users. We highlight Tech for Good solutions that are aimed at combatting dark patterns and creating a better User experience. We also explore the legal framework, which aims to regulate the issue of dark patterns and provide with more insights into your rights as a Data Subject.
Sources
Dark Patterns:
- https://www.darkpatterns.org/
- https://techcrunch.com/2020/01/10/cookie-consent-tools-are-being-used-to-undermine-eu-privacy-rules-study-suggests/
- https://www.wired.com/story/facebook-social-media-privacy-dark-patterns/
- https://www.stiftung-nv.de/sites/default/files/dark.patterns.english.pdf
- https://cookieconsentspeed.run
Tech for Good Solutions:
Special Episode – Facebook Data Breach
In this special episode of the Ars Aequi Podcast we explore the recent large-scale user data breach which has affected approximately 533 million Facebook accounts. We discuss the context of the data breach and how personal data was ‘scraped’ from Facebook's user profiles. We provide helpful information on how to check if you have been affected by this breach and steps to ensure the safety of your data in the future. Finally, we critique Facebook's lack-luster response to this data breach and explore possible legal consequences which the company could face.
To check whether you have been affected by this data breach: https://haveibeenpwned.com/
Sources: Data Breach information:
Facebook's response :
Data Protection Sources:
- https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens/redress/can-i-claim-compensation_en
- https://techcrunch.com/2021/04/06/answers-being-sought-from-facebook-over-latest-data-breach/.
- https://www.dataprotection.ie/en/news-media/press-releases/dpc-statement-re-dataset-appearing-online.
- https://relay.firefox.com/.
S4 Ep1 – Tech against Gender Based Violence
The Ars Aequi Podcast is proud to present, Tech for Good a brand new podcast series focused on building a better tomorrow with tech.
In this series, we will be talking with Entrepreneurs, Innovators and Activists who are leveraging technology as a tool for social, political and environmental impact. In episode one, we tackle the serious social issue of gender-based violence (GBV) and talk to two innovators, Moritz and Nkhanyiso who have created technological products aimed at combatting gender-based violence.
Moritz Krüsselmann is a German Lawyer and co-founder of the German platform Dickstinction, an online platform that allows victims to report unsolicited dickpics and guides victims through all the necessary steps to file a criminal complaint.
Nkanyiso Dlamini is a South African Entrepreneur and Co-Founder of Tech company eMfundi. eMfundi recently launched the N3 SMART NAIL, an LED nail tip with a built in microchip. Designed as a quick, subtle way to send your location to emergency personnel when in a dangerous situation.
S3 Ep3 – Your Smart Home Is A Snitch!
In episode 3 of the Surveillance Series, we tackle the topic of Smart Homes and Surveillance. Many argue that a Smart Home is inevitably a home under surveillance. This episode explores the extent to which this statement is true and provides clarity on the question that plagues most consumers, “are my smart devices spying on me”.
We investigate the use of data collected by smart home devices as evidence by law enforcement for the prosecution of a crime. We discuss public-private partnerships between law enforcement agencies and technology companies such as Ring. Finally, we look at transparency reports and discuss the role of private tech companies in the enforcement of the law.
S3 Ep2 – The Surveillance of Travelers
On episode 2 of the Surveillance Series we are joined by our colleague and friend, Antoni Napieralski to discuss the Surveillance of Travelers. As we move around from country to country vast amounts of data is collected and stored about us, in this episode we take a deep dive into the life cycle of this data. We explore this from the perspective of EU and Non-EU citizens, looking specifically at the Visa Information System, Passenger Name Records and the Entry/Exit-System. Furthermore, we explain the new proposed changes to these systems and the introduction of new databases in Europe.
Sources:
S3 Ep1 – Nothing to Hide, Nothing to Fear?
Today we launch a brand new series on the podcast, The Surveillance Series. In this series we explore the societal and legal issues surrounding surveillance in the public sector for law enforcement purposes and public security. We seek to provide some answers to the question “If you have nothing to hide, you have nothing to fear” in the context of surveillance. In episode 1 of the Surveillance Series, we take a deep dive into Encryption bans and discuss the impact of this on privacy and data protection. We explore the adoption of encryption bans in different jurisdictions include the European Union, America, Austria, South Africa and Egypt.
Sources:
- Meme
- Privacy vs Surveillance
- Encryption in Europe [EU-document]
- Encryption in Europe [Computerweekly.com]
- Encryption in Austria (§ 135a StPO)
- Encryption in Austria (VfGH)
- US “Lawful Access to Encrypted Data Act”
- Regulation of Interception of Communications and Provision of Communication-Related Information Act 2002 [South Africa]
- Vodafone Encryption Law Report
- Encryption in Egypt
Special Episode – The WhatsApp/Facebook dilemma
As we entered into the New Year, Whatsapp users received an alert requiring the acceptance of new terms in relation to its privacy policy. This resulted in an international uproar, leaving many users concerned about the safety of their personal data. In this episode, we discuss the WhatsApp/Facebook dilemma by exploring some important data protection and antitrust issues. We take a deep dive into WhatsApp’s privacy policy to answer the following questions: What personal data does WhatsApp process? What personal data does WhatsApp share with Facebook? Can WhatsApp read my personal messages? In this episode, we also examine the differences between the treatments of personal data originating in the European Union as opposed to other parts of the world. Finally, we offer our recommendations on Signal and Telegram as possible substitutes to WhatsApp.
Sources
Special Episode – #EndSARS in Nigeria
The live stream will discuss the current #ENDSARS Movement in Nigeria and its legal implications, with a special focus on international criminal law and the ICC.
S2 Ep3 – Revenge Porn
In the final episode of the Porn Series, we explore the legal framework surrounding non-consensual porn through the lens of Revenge Porn. Revenge Porn general refers to the uploading and distribution of sexually explicit material to embarrass or intimate another. During government mandated shutdowns at the early stages of the Corona Virus outbreak, reports of revenge porn increased dramatically. Based on this, we have decided to educate our listeners on the legal consequences of posting non-consensual porn both from a criminal and civil law perspective. In this episode, we explore the different regulatory approaches to revenge porn by looking at legislation in Austria, Uganda, Nigeria and South Africa. Finally, this episode will provide some practical advice on the removal of sexual content posted online.
Sources:
- Increase in Revenge Porn cases
- UK Revenge Porn helpline
- Austrian Criminal Code on Revenge Porn (§107c StGB)
- Supreme Court Case on nude photography (4 Ob 211/03p)
- Revenge Porn in Uganda [GenderIT.org]
- Uganda Pornography Act
- Revenge Porn in Malawi and Uganda
- Revenge Porn in Nigeria
- Revenge Porn in South Africa
S2 Ep2 – OnlyFans: Democratising Porn
New York Times article-https://www.nytimes.com/2019/02/09/style/onlyfans-porn-stars.html.
Only Fans Legal Documents
onlyfans.com/terms-of-service.
onlyfans.com/privacy.
Only Fans data breaches
www.theverge.com/2020/2/27/21156445/onlyfans-leak-not-hacked-photos-videos.
www.insider.com/onlyfans-porn-leak-has-serious-safety-implications-say-creators-2020-3.
S2 Ep1 – #ShutdownPornHub
S1 Ep3 – Platforms and Fake News
We hope you have enjoyed this first series of the Ars Aequi podcast! Our next series airs on 18 September, this series will focus on the legal issues surrounding Internet Pornography.
S1 E2 –Fake News and the Media
S1 Ep1 – Intro to Fake News
Episode 1 provides an overview to the concept of fake news in an easy to understand way. We explore the uncertainty concerning the definition of fake news using examples from different jurisdictions. We discuss contemporary examples of fake news and distinguish this from other legal concepts such as defamation. We explore the legal framework surrounding fake news with special focus on the impact of fake news on fundamental rights. Episode 1 seeks to ease the listener into the topic, in the next episodes we will discuss the impact of fake news on the media and the response of platforms to this issue.