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Mornings With Mark
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Law and The Internet

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Full machine generated transcript follows

Morning, everybody. How you doing today? Just a quick one today and wanted to talk about a couple issues that have been on my mind cuz it's actually somewhat came up in a radio interview that I had yesterday. Not really but enough that it's worth diving into and I mentioned it last week on the show.

I'm in passing at but there's been more feedback. So I want to talk about three laws that have been passed that are having a direct impact on how we use the internet, even though we may not be in the countries where the laws were passed and that's really the key topic today.

So Australia pass the law around arguably an anti-corruption Bill and essentially what it does is provide the ability for Australian law enforcement to require with a technical notice to require application provider service providers to go above and beyond to provide La phylaxis above and beyond to the point where installing and changing the system to accommodate law enforcement quite possible and now I'm a huge Order of lawful access in the proper context with the proper oversight within the proper scope the problem with this bill among many sort of cutting it down to the gist is that along with the technical noticing you need to break your encryption in order to allow life lacks is here and there's also an automatic gag order.

So we have one particular government who theoretically Force service providers to break the security and weaken the security of their overall system and not tell anybody about it so that we are making risk decisions based on a certain assessment that is no longer true because we have no ability to actually verify know.

That's a huge challenge the second bill that I want to talk about in the second set of bills are in the u.s. Fosta and sesta and these are the short forms and basically there are two bills that look at trying to make it harder or make it easier. I should say for on Long 4C.

Crackdown on sex trafficking in child endangerment fantastic efforts horrible implementation because essentially this is what's behind Tumblr flagging everything as I'm not suitable for work and taking it down. This is behind on Facebook's recent and will be increasing up until January 1st, 2019 efforts to remove things that are just adult conversation not I don't like explicit but you know adults talking about body parts of a bodily functions of all biological functions.

And again, this comes down to Good Intentions behind the bill just like yesterday Liam. Nobody's trying I'm taking know she's here but waited impacts and the challenge really we get I don't obviously I'm not a lawyer. Thankfully. I don't have the Nuance in each of the bills, but I can tell you the overall impact is that we have two Nations that are having a disproportionate impact on how we conduct a business how we can communicate online and I find any time I dig into the service is below the surface of these issues.

Saving time and time again and that's people with good intentions trying to Wade through something that's in or Italy complex something. That's way technically technically difficult in way above their heads and they come out with bad results because there's logging on either side people try to go back to work different agendas and things like that and the challenge we get though is that the internet is global.

So when somebody makes a decision, sometimes we can pass that off and not worry about it, but others have to pay for that or have to deal with it. So if we take the Australian law, I'm not Australian you are. You're probably not Australian but if a company offers services in Australia, and they're potentially going to be impacted by this law in Canada.

We have a grievance of Australia that are good partner enclosed box there and you know, the question is if a company has offices in Australia, I was going to come by I comply with Australian law. If they don't but offer services in Australia, are they still going to be applicable as the law still going to be applicable is probably applicable but is it enforceable? That's a whole nother question us fosta and sesta is a little more.

Why are we impacting because there's a lot of the technology companies and I'm coming to you over, you know, either Twitter or YouTube or on the podcast. Probably you are getting access to this content through an American channel. So they have them far more direct sort of your thumb on the on the scales and but I think that's it's it's really interesting stuff.

I'll just do a quick little screen share here for you to show you that I'm so this is a great article on TechCrunch looking at the encryption impact for Australia so we can you know, it's there is a group of tech companies that have gotten together and that so Apple Google Microsoft a bunch of others who I'm had formed together in the wake of the stone disclosures to actually you don't Lobby.

Come out against this bill that was passed any in the Aussie Parliament and has in fact become law and then other folks like that LinkedIn and Evernote and snap. I've jumped on board Seamus's going on Mozilla on the technology companies are are going into this from purely practical perspective for them because it's going to be very difficult everything into hate me to stop offering service in Australia, not something anyone wants and they're going after segment off a piece of their technology which is extremely difficult or they're going to have to figure out a way to do this without significantly impacting all of their users on the flip side at Teen Vogue.

Oddly enough the exclusive fantastic reporting had this great piece on On Tumblr talking about the porn band and its Genesis from fosta and sesta really interesting Embassy the direct impacts the Tumblers been taking stuff down left right and center and I think that's really important because it shows you those impacts time and time again, so I'm all through those links so that everybody can see them but I think it's fascinating issues.

So we know we live in a global connected internet to see how that impacts people left. Right and Center, you know is is a fascinating thing to sort of I dive into to see okay, if one Community is pushing a certain way and has a lot behind it. How does that impact the rest of my biggest concern around encryption my biggest concern around, you know of any sort of things like Foster sesta is that it will weaken privacy or we can security controls in place for a valid reasons and then I always find it's really difficult because those are really sensitive topics and pull it.

Clear hot-button issues people don't apply the proper objectivity in the proper distance to go like hey, wait a minute. This is disproportionate to the threat. Here's a more reason to response. I don't know what those reasons response are about to something to think about today and the deep thoughts for a Tuesday mainly because it's snowing here and you know, we're fully into December.

So, you know give you something I grabbed a Coco kind of wrap your head around that this readout the Articles and to anything. Let me know online at Mark NCAA Lucy the Vlogs in the comment down below. CA look forward to chatting with you about this and any other topic online and I will see you on the show later this week.

Have a good one. Morning, everybody. How you doing today? Just a quick one today and wanted to talk about a couple issues that have been on my mind cuz it's actually somewhat came up in a radio interview that I had yesterday. Not really but enough that it's worth diving into and I mentioned it last week on the show.

I'm in passing at but there's been more feedback. So I want to talk about three laws that have been passed that are having a direct impact on how we use the internet, even though we may not be in the countries where the laws were passed and that's really the key topic today.

So Australia pass the law around arguably an anti-corruption Bill and essentially what it does is provide the ability for Australian law enforcement to require with a technical notice to require application provider service providers to go above and beyond to provide La phylaxis above and beyond to the point where installing and changing the system to accommodate law enforcement quite possible and now I'm a huge Order of lawful access in the proper context with the proper oversight within the proper scope the problem with this bill among many sort of cutting it down to the gist is that along with the technical noticing you need to break your encryption in order to allow life lacks is here and there's also an automatic gag order.

So we have one particular government who theoretically Force service providers to break the security and weaken the security of their overall system and not tell anybody about it so that we are making risk decisions based on a certain assessment that is no longer true because we have no ability to actually verify know.

That's a huge challenge the second bill that I want to talk about in the second set of bills are in the u.s. Fosta and sesta and these are the short forms and basically there are two bills that look at trying to make it harder or make it easier. I should say for on Long 4C.

Crackdown on sex trafficking in child endangerment fantastic efforts horrible implementation because essentially this is what's behind Tumblr flagging everything as I'm not suitable for work and taking it down. This is behind on Facebook's recent and will be increasing up until January 1st, 2019 efforts to remove things that are just adult conversation not I don't like explicit but you know adults talking about body parts of a bodily functions of all biological functions.

And again, this comes down to Good Intentions behind the bill just like yesterday Liam. Nobody's trying I'm taking know she's here but waited impacts and the challenge really we get I don't obviously I'm not a lawyer. Thankfully. I don't have the Nuance in each of the bills, but I can tell you the overall impact is that we have two Nations that are having a disproportionate impact on how we conduct a business how we can communicate online and I find any time I dig into the service is below the surface of these issues.

Saving time and time again and that's people with good intentions trying to Wade through something that's in or Italy complex something. That's way technically technically difficult in way above their heads and they come out with bad results because there's logging on either side people try to go back to work different agendas and things like that and the challenge we get though is that the internet is global.

So when somebody makes a decision, sometimes we can pass that off and not worry about it, but others have to pay for that or have to deal with it. So if we take the Australian law, I'm not Australian you are. You're probably not Australian but if a company offers services in Australia, and they're potentially going to be impacted by this law in Canada.

We have a grievance of Australia that are good partner enclosed box there and you know, the question is if a company has offices in Australia, I was going to come by I comply with Australian law. If they don't but offer services in Australia, are they still going to be applicable as the law still going to be applicable is probably applicable but is it enforceable? That's a whole nother question us fosta and sesta is a little more.

Why are we impacting because there's a lot of the technology companies and I'm coming to you over, you know, either Twitter or YouTube or on the podcast. Probably you are getting access to this content through an American channel. So they have them far more direct sort of your thumb on the on the scales and but I think that's it's it's really interesting stuff.

I'll just do a quick little screen share here for you to show you that I'm so this is a great article on TechCrunch looking at the encryption impact for Australia so we can you know, it's there is a group of tech companies that have gotten together and that so Apple Google Microsoft a bunch of others who I'm had formed together in the wake of the stone disclosures to actually you don't Lobby.

Come out against this bill that was passed any in the Aussie Parliament and has in fact become law and then other folks like that LinkedIn and Evernote and snap. I've jumped on board Seamus's going on Mozilla on the technology companies are are going into this from purely practical perspective for them because it's going to be very difficult everything into hate me to stop offering service in Australia, not something anyone wants and they're going after segment off a piece of their technology which is extremely difficult or they're going to have to figure out a way to do this without significantly impacting all of their users on the flip side at Teen Vogue.

Oddly enough the exclusive fantastic reporting had this great piece on On Tumblr talking about the porn band and its Genesis from fosta and sesta really interesting Embassy the direct impacts the Tumblers been taking stuff down left right and center and I think that's really important because it shows you those impacts time and time again, so I'm all through those links so that everybody can see them but I think it's fascinating issues.

So we know we live in a global connected internet to see how that impacts people left. Right and Center, you know is is a fascinating thing to sort of I dive into to see okay, if one Community is pushing a certain way and has a lot behind it. How does that impact the rest of my biggest concern around encryption my biggest concern around, you know of any sort of things like Foster sesta is that it will weaken privacy or we can security controls in place for a valid reasons and then I always find it's really difficult because those are really sensitive topics and pull it.

Clear hot-button issues people don't apply the proper objectivity in the proper distance to go like hey, wait a minute. This is disproportionate to the threat. Here's a more reason to response. I don't know what those reasons response are about to something to think about today and the deep thoughts for a Tuesday mainly because it's snowing here and you know, we're fully into December.

So, you know give you something I grabbed a Coco kind of wrap your head around that this readout the Articles and to anything. Let me know online at Mark NCAA Lucy the Vlogs in the comment down below. CA look forward to chatting with you about this and any other topic online and I will see you on the show later this week.

Have a good one.