This week in digital trust

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.

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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.

This week on the podcast we analyse a US plan to force TikTok owner ByteDance to divest or sell the platform, or be banned from US platforms.

The move - strongly supported by the US House of Representatives - follows years of proposed plans and attempts to ban TikTok in various ways.

We unpack the concerns about the wildly popular social media platform, and explore criticisms of the ban ranging from its likely ineffectiveness in preventing Chinese data collection to the claims of hypocrisy.

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This week Jordan asks Dr James Meese to explain Meta's announcement that it doesn’t intend to renew the commercial deals it made with Australian media companies under the News Media Bargaining Code.

Dr Meese (full bio below) is an Associate Professor at RMIT University, where he researches personalisation and recommendation in the news media sector and has recently published a book examining the complex relationship between Digital Platforms and the Press (link below).

James talks us through some of the history and the limits of the News Media Bargaining Code, how algorithms and platform dynamics have impacted news, and the policy challenges of ensuring a sustainable future for journalism.

James Meese Bio

James Meese is an Associate Professor at RMIT University and an Associate Investigator with the ARC Centre of Excellence for Automated Decision Making and Society. He has been awarded a Future Fellowship from the Australian Research Council to investigate personalisation and recommendation in the news media sector. James has received research funding from the Australian Research Council, Meta, the International Association of Privacy Professionals and the Australian Communications Consumer Action Network. He regularly publishes work in leading media and communication journals and his most recent book is Digital Platforms and the Press (Intellect).

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** Content warning: This episode contains discussion of Child Sexual Abuse Material **

Australia's eSafety Commissioner is trying to force tech giants to scan cloud storage for illegal and harmful content. Apple says this could undermine security protections and facilitate mass surveillance.

This is just the latest skirmish in the crypto wars - a 50 year old policy debate about how to balance strong encryption (which is essential to privacy and security online) with law enforcement access to crucial data.

This week we explore some of the policy and rhetorical challenges that arise when trying to debate these competing objectives.

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To mark 100 episodes, this week we reflect on the topics covered on This Week in Digital Trust since its inception.

Arj and Jordan also share four key insights and learnings that have emerged through their discussions, and how these have shaped (and are shaped) their world views.

Supermarkets have been under intense scrutiny in Australia over a range of issues, including alleged profiteering in a cost of living crisis, and poor treatment of workers and suppliers.

In this episode, we explore how the use of advanced technologies and digital platforms by the two supermarket majors may be contributing to these issues, and further entrenching market dominance.

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This week we go deep on doxing, the practice of "dropping docs" on someone in order to expose their information to a hostile digital audience.
Our conversation is triggered by some recent doxing examples in the Australian media, which has prompted the Federal Government to propose a new law against dxxing as part of its privacy reform agenda.
We discuss the origins of doxing, prominent examples, the potential harms, and the merits of various public policy approaches.

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In the face of tech and AI hype, there's an emerging march away from technology taking place around the globe.

This week we explore recent developments fitting this trend, including a proposed law in Australia that give will employees a "right to disconnect" from work, and another that seeks to improve conditions for gig workers.

We also take a deep dive into the resurgence of the Luddite movement - a cohort of workers, critics, academics, organisers and writers who claim they are pushing back on technologies that exploit the vulnerable and extract the rewards of society for the benefit of a narrow elite.

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Article about right to disconnect (SMH) https://www.smh.com.au/politics/federal/what-is-the-right-to-disconnect-a-bluffer-s-guide-to-the-new-laws-about-getting-contacted-after-hours-20240207-p5f32b.html

Article about right to disconnect and gig worker changes (ABC News) https://www.abc.net.au/news/2024-02-06/right-to-disconnect-from-work-other-changes/103433418

Article on reaction to right to disconnect (ABC News) https://www.abc.net.au/news/2024-02-11/peter-dutton-vows-repeal-right-to-disconnect/103453148

With more than 60 elections taking place around the world this year, the risks posed by deepfakes was already a bubbling concern - until Taylor Swift took the issue stratospheric.  Deepfake explicit images of the US musician created by generative AI went viral on X, prompting officials and analysts to start to properly reckon with the problems posed by the technology.

We explore the scenarios in which synthetic media created by generative AI are posing problems, the way platforms like OpenAI are responding, emerging regulatory responses, and discuss where responsiblity for solving this issue truly lies.

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This week it's the next instalment of the Australian Government's consultation on Safe and Responsible AI. Arj and Jordan break down the government's 'interim response' to the consultation, and the case for regulation that it puts forward.

Though the detail is yet to come, we evaluate the government's proposals - new mandatory guardrails, updates to existing laws, international engagement and domestic investments - what will they mean for AI adoption in Australia, and is our legal system already falling behind?

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This week we dive into the murky world of data brokers, courtesy of a new report by Reset Tech Australia.

The report provides a fascinating window into how data brokers operate - particularly the granular categories and segments that online users are categorised into. This data is sold to advertisers and, in some cases, even law enforcement bodies and other authorities. 

We share our reactions about the report and discuss how the availability of data about sensitive topics such as gambling, alcohol consumption, financial stress can make us more vulnerable to exploitation.

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This week we explore the world of trust and safety, those teams at digital platforms and other tech service providers entrusted with ensuring services are safe for users.

These teams have grown in size and influence over the past decade, in response to the growth in the use of social media as well as the emergence of challenges including mis- and disinformation and increasing hate speech.

But they’ve also come under fire - from ideological opponents who see them as biased censors, as well being the target of layoffs.

We unpack these issues and also explore the evolution and challenges associated with the profession.

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This week we unpack the soap opera that was Sam Altman's firing-then-reinstatement at OpenAI (makers of ChatGPT).

Beneath the drama, and there was a lot of it, the saga potentially stands as a commentary on the state of AI safety approaches within the tech community, and on the effectiveness of self-governance.

We also touch on the US Government's executive order on safe and trustworthy AI and the UK governments AI Safety Summit, both from the last month or so.

This week, Jordan sits down with elevenM privacy communications expert Tessa Loftus to debate whether we should just give up on privacy policies.

Historically, privacy regulation has leant heavily on transparency and consumer choice - the idea that if we just give consumers the right information, then they can take control of their privacy. But the reality is that most privacy policies are an unintelligible to most people, and we've all lost control.

So what's the answer? Can businesses communicate better about privacy? Or should we give up on consumer choice and put the onus on businesses to act 'fairly and reasonably'.

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This week Jordan sits down with Brett Watson, elevenM's resident expert on Digital ID to figure out how far we are from proving who's a dog on the internet.

The Optus data breach led to a renewed commitment to modernising the way that we prove our identity online. Today there is a huge amount of activity in this complex space. In just the last few weeks, the Australian government released draft legislation to establish a national digital identity framework, and the several major banks and a major payment service provider announced that they are forging ahead with their own, private solution.

But what actually is a digital ID and how do all these frameworks and solutions fit together?

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This week we deconstruct the idea of social license in tech, starting with the story of a technology that Google and Facebook didn't dare release, but which is now available to everyone.

Originally coined in the context of mining and extractive industries, 'social license' refers to community acceptance of a company's business practices. For some companies, maintaining social license can be an effective check on behaviour, but for tech startups like ClearviewAI and PimEyes, well, not so much.

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This week we discuss the privacy and security risks of the automobile.

Modern cars are basically operating systems on wheels, and have many of the same data challenges as other digital platforms.

Sadly, a recent study from Mozilla suggests cars are the worst product category when it comes to privacy.

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This week we discuss and react to the Federal Government's response to the Privacy Act review report.

The Government's long-awaited response comes after several years of discussion and debate about the way forward for Australia's privacy regime.

We break down which proposals the Government is moving forward with, which ones it won't, and which ones are slated for further discussion.

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This week we feature an interview with Peter Warren Singer, a US strategist and scholar on warfare and digital threats.

Our conversation starts with lessons from the conflict in Ukraine on how threats and adversarial tactics are evolving.

We also explore the continued use of social media as a weapon, and the nature of evolving threats to critical infrastructure and the motivations of state actors in our region such as China.

We also explore the idea of using fiction and narrative help organisations and leaders better understand the threat environment and communicate their stories.

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This week we revisit the hard problem of age verification, which we last discussed in episode #64.

In order to protect kids from explicit content and other harmful effects of online platforms, we first need to be able to identify them. But can we do that without major risks to privacy and free speech?

The eSafety Commissioner's Roadmap to Age Verification has the answer. Kind of.

We'll dig through the findings and recommendations in the recently published roadmap report, including the state of current age assurance technology, the legislative and regulatory framework required to make age verification work safely, and the need for a more holistic approach to protect kids.

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This week we explore the privacy risks in otherwise publicly visible information, after a dozen privacy regulators from around the world issued a joint statement on the issue of data scraping.

The regulators' statement emphasises that even personal information that is publicly accessible is subject to data protection and privacy laws, and calls out social media platforms to do more to prevent the practice.

We explore the factors behind the uptick in data scraping, and who should be most responsible for stopping it.

*** Correction ***

This week we explore the tension between the competing values of privacy and public interest journalism.

Today, journalists enjoy a broad exemption from privacy laws. However, reform proposals have ignited debate about whether that free pass is still appropriate.

We discuss the scope and merits of these reform proposals and explore the arguments by journalists on why the exemption is necessary.

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This week we review responses to the Australian Government's open consultation on how to mitigate the potential risks of AI.

In June, the Government called for submissions to its discussion paper titled "Safe and responsible AI in Australia". While the submissions haven't been published, several have made their way into the public domain.

 As well as sharing the recommendations of our own (elevenM) submission, we explore proposals from big tech giants Microsoft and Google, various members of academia, think-tanks such as the UTS Human Technology Institute, and the Australian Human Rights Commission.

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This week we discuss the burgeoning trade in our location data.

Our mobile devices and the apps on them regularly collect and and transmit the details of our physical location.

Sometimes this is to support a useful and convenient purpose, like finding a nearby cafe or a family member. But at other times, it's in order to share and sell that data with third-parties such as data brokers.

We explore these practices in more detail.

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This week we discuss the new social networking app from Meta - Threads. Will it successfully meet the expectation for, and Meta's promo claims of, a new public conversation app to rival Twitter from years gone by?

We also discuss the reasons behind the app not launching in the EU, and the regulatory lessons of this outcomes.

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This week we explore the growing use of facial recognition by stadiums, after a recent CHOICE report revealed the technology was in use at several major sporting and concert venues around Australia.

We evaluate the merits of varying uses of the technology, from the security use cases to enabling of more convenient check-in and purchasing services for stadium patrons.

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This is the fourth and final episode in our short series about AI.

In this episode, we assess the public dialogue about AI and how it has evolved in recent times.

We discuss the heady excitement about the technology's possibilities and emerging concerns about its risks, and what the right risks to focus on are. We also explore how the emerging AI conversation compares to discussions about previous disruptive technologies such as social media.

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This is the third episode in a short series about AI.

In this episode we explore international moves to regulate AI, with approaches ranging from voluntary guidance and self regulation to dedicated legislation for AI.

We explore the varying philosophical approaches (notably between the US and Europe), and discuss Australia's approach to the challenge, which is currently focused on a discussion paper from the Department of Industry, Science and Resources.

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This is the second episode in a short series about AI.

With the potential harms of AI receiving greater exposure over recent months, we take a look at how businesses are responding.

We explore the role and effectiveness of "ethical principles", introduced by many organisations to guide AI usage, and how existing corporate governance practices can be extended to the challenges of AI.

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This is the first episode in a short series about AI.

After months of frenzied activity and dialogue, the AI conversation seems to be consolidating around some common questions, including: What is AI exactly? What are the harms it can cause? How should businesses govern their use of AI? What should policymakers and governments do? What's the public perspective and how is that being shaped?

And there seems to also be some consolidation of opinions in response to those questions.

In this series, we'll explore those questions and the emerging consensus.

In this episode, we tackle the first two of those questions - What is AI and what are its harms?

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This week we dissect proposals to introduce online age verification to protect kids from explicit content and other harmful effects of online platforms.

There's significant momentum behind the idea, with various technologies being offered as an answer and the Australian government evaluating a roadmap from the eSafety Commissioner and also considering using digital identity as a solution.

But the concept has its complications, including privacy implications, the workability of proposed technologies and potential broader effects on online participation.

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This week we look at the Federal Government's budget commitments to privacy, cyber security and online safety.

Notably, the Government has signifantly increased funding for privacy regulation for the next four years, while its funding commitments for cyber security reflect an important shift towards building broad-based economy-wide resilience.

 We break down the various commitments and their likely impact.

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Momentum continues to build for the need to rein in AI.

Despite it being a global challenge, the approaches to regulating AI vary from country to country in some fairly fundamental (and even philosophical) ways. In this week's episode, we explore these different approaches.
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It's Privacy Awareness Week, so we're peeling back the layers on one of the most common concepts used to raise awareness about privacy: the creepy test.

It's that sense of "ew!" we sometimes feel when we encounter technologies or business practices that step over the bounds of responsible use of our personal information.

This week, we break down the concept of the creepy test and evaluate its usefulness.

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This week, we discuss the push to abolish anonymity on social media, as a means to preventing online abuse.

Policymakers have been grappling with the challenges of trolling and online abuse for a few years, but it has come into the spotlight after the complaints of several prominent Australian footballers and athletes.

While enforcing real identity seems an obvious solution, Arj and Jordan debate its effectiveness and explore its adverse side effects on other internet users.

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This week, we discuss the emerging response to now well-documented concerns about generative AI from regulators and lawyers.

With data protection authorities seemingly leading the charge, we discuss whether privacy is actually the right lever to be pulling when it comes to taking action against these technologies, in light of broader concerns about discrimination, defamation and copyright infringement.

Or is this like getting Al Capone on tax evasion charges?

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This week, we discuss the merits of recent ideas to pause the development or rollout of harmful technologies and data practices.

Recent widespread consternation about AI (particularly ChatGPT and GPT-4 from OpenAI) has led to an open letter from various AI and tech personalities calling for a 6-month pause in future development. But Jordan and Arj discuss that the letter may not be all that it seems.

The open letter comes at the same time as a new paper from Australia's 
Consumer Policy Research Centre (CPRC), which argues for a new Privacy Safety Regime which would allow governments and regulators to stop or limit obviously harmful uses of or harmful practices. The paper also proposes the introduction of a duty of care or best-interests duty that would oblige businesses to act in the best interests of consumers.

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This week, we finally weigh in on a debate that arises frequently - is privacy dead?

Arj and Jordan explore the apparent contradiction between people's stated desire for privacy and their behaviours that accept companies or technologies that repeatedly fall short of acceptable privacy practices. They look at several studies and experiments that help explain why it's not reasonable to leave safeguarding of privacy up to individuals alone.

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