United States Law

s.230 of the Communications Decency Act – Gonzalez v Google No.21-1333, an upcoming challenge to Internet platforms protections – Citation – US – The Associated Press

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The Associated Press has highlighted, in a long-read, a legal case which looks to challenge the protection of internet platforms under s.230 of the Communications Decency Act.

The Supreme Court case concerns liability for YouTube suggestions which are argued helped the Islamic State recruit. The case is brought by the family of Nohemi Gonzalez who tragically lost her life in a terrorist attack in Paris.

The case is due to be heard on Tuesday 21 February.

See here for the article and for more details see the SCOTUS blog.

“Issue: Whether Section 230(c)(1) of the Communications Decency Act immunizes interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limits the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information.”

The SCOTUS Blog

Privacy concerns around Amazon’s Ring

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“A home security product upscaled and diversified into law enforcement and integrated with video software brings with it some serious privacy concerns.”

What is the Ring?

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The Ring is Amazon’s bestselling smart security device product line. The most notable of which is the Ring doorbell which allows users to monitor movement by their front doors, video and receive mobile notifications whenever someone presses the doorbell. Users can also benefit from an App which is installed on their mobile, monitors local news and allows social media style sharing with other Ring users.

Ring additionally offers security services, cross-selling into the wider security service market.

Ring and law enforcement

Recent controversy was sparked when it was found that the Ring in partnering with over 400 police departments in the United States. The extent of the Ring’s collaborative efforts extend to targeting ad words to users encouraging that they share live video feed footage with law enforcement. This in and of itself is a significant extension in police surveillance meriting further legislative scrutiny.

However, pair this with the fact that the Ring’s being dubbed as “the new neighborhood watch”- it becomes a little disconcerting.

It is well-established that people’s likeness is considered personal data and that the recording of individuals without their consent is potentially invasive. There are also civil liberties concerns regarding the police acquiring these live video feeds for their own use.

This has drawn the attention of the Senator for Massachusetts, Edward Markey, who recently published a letter sent to Amazons CEO Jeffery Bezos, highlighting civil liberties concerns with the Ring. This highlights issues previously raised in the United Kingdom in relation to the use of facial recognition software; its potential to racially profile individuals. Whilst this was considered by the Administrative Court to be too an intangible argument lacking sufficient supporting data, further scrutiny would be most welcome.

And it looks like further scrutiny seems forthcoming. In his letter Senator Markey highlights 10 key concerns around the Ring system, demanding a response from the Amazon CEO by 26 September 2019. We highly recommend readers consider the letter in its entirety here.

A regulatory Trojan horse – decrypting calls for a Federal consumer privacy law in the United States

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In a keynote speech before the European Parliament in Brussels on 24 October 2018, Tim Cook CEO of Apple called for the implementation of a Federal privacy law, praising the Parliament for its implementation of the General Data Protection Regulation (“GDPR”):

“We at Apple are in full support of a comprehensive Federal privacy law in the United States. There, and everywhere, it should be rooted in four essential rights: First, the right to have personal data minimized… Second, the right to knowledge… Third, the right to access… and fourth the right to security.”

Data-driven companies are painfully aware that they need to be seen to take consumer privacy seriously or risk alienating customers. However, they are also aware of the regulatory burden new laws would place on their operations. The result is a covert attempt to undermine state legislative efforts by pushing for superseding Federal privacy laws.

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