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The XMPP Newsletter February 2023

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https://xmpp.org/2023/03/the-xmpp-newsletter-february-2023/
Welcome to the XMPP Newsletter, great to have you here again! This issue covers the month of February 2023. Many thanks to all our readers and all contributors!
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Consumer protection: WhatsApp agrees to comply fully with EU rules, informing users better and respecting their choices on contract updates

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https://ec.europa.eu/commission/presscorner/detail/en/IP_23_1302
Following a dialogue with EU consumer protection authorities and the European Commission (CPC network), WhatsApp committed to being more transparent on changes to its terms of service. Moreover, the company will make it easier for users to reject updates when they disagree with them, and will clearly explain when such rejection leads the user to no longer be able to use WhatsApp's services. Also, WhatsApp confirmed that users' personal data are not shared with third-parties or other Meta companies - including Facebook - for advertising purposes. The dialogue was coordinated by the Swedish Consumer Agency and the Irish Competition and Consumer Protection Commission and facilitated by the Commission.
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Hacker filorussi ancora in azione: colpiti i siti di CSM, MLPS e Carabinieri

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https://www.hdblog.it/sicurezza/articoli/n567185/hacker-filorussi-noname057/
NoName057 (16), il gruppo di hacker filorussi che lo scorso febbraio ha lanciato una serie di attacchi informatici ai siti web del Ministero dell’Interno, a quello del Ministero degli Esteri, a quello dei Carabinieri e a quelli di alcune società private, ha rivendicato anche l'attacco DDos, attualmente ancora in atto, ai danni dei siti web del Consiglio superiore della magistratura e del Ministero del lavoro e delle politiche sociali. A questi, proprio in questi minuti, si sarebbe aggiunto nuovamente quello dei Carabinieri.

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EU watchdog: Online child abuse draft law creates ‘illusion of legality’

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https://www.euractiv.com/section/law-enforcement/news/eu-watchdog-online-child-abuse-draft-law-creates-illusion-of-legality/
In a closed-door meeting with EU lawmakers, the European Data Protection Supervisor criticised the proposal to fight Child Sexual Abuse Material as trying to mask breaches of fundamental rights.

The European Data Protection Supervisor (EDPS), the authority responsible for advising EU institutions on privacy matters, took an outspoken, critical stance on the draft law in a joint opinion with the European Data Protection Board.

When the European Commission published the proposal to fight the dissemination of Child Sexual Abuse Material (CSAM) in May, it was criticised as the legislation includes the possibility for judges to issue detection orders for interpersonal communication services.

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Data Act: EU Council insists on trade secret protection in semi-final text

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https://www.euractiv.com/section/data-privacy/news/data-act-eu-council-insists-on-trade-secret-protection-in-semi-final-text/
The new compromise on the draft data law, seen by EURACTIV, further refines the protection of trade secrets and clarifies the relationship with data protection rules and the application of the cloud-switching provisions.

The Swedish presidency shared the sixth compromise text on the Data Act on Wednesday (8 March), with the view of discussing it on 14 March at the Telecom Working Party, a technical body of the EU Council.

The Data Act is a flagship legislative proposal intended to regulate how data is shared, accessed and ported. If no significant opposition is raised next week, the presidency’s text will land on the Committee of Permanent Representatives (COREPER) table on 22 March.

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Identità digitale europea (e-ID): accesso online ai servizi chiave

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https://www.europarl.europa.eu/news/it/headlines/society/20230302STO76818/identita-digitale-europea-e-id-accesso-online-ai-servizi-chiave
Che cos'è l'identità digitale europea?
L'identità digitale europea (e-ID) permette la reciproca identificazione transfrontaliera dei sistemi di identificazione elettronica nazionali. Questo consente ai cittadini europei di identificarsi online senza doversi rivolgere a fornitori commerciali.

L'identità digitale consente inoltre ai cittadini europei di accedere ai servizi online di altri Stati membri dell'UE tramite il semplice utilizzo della propria carta d'identità elettronica nazionale.

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European Digital Identity: easy online access to key services

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https://www.europarl.europa.eu/news/en/headlines/society/20230302STO76818/european-digital-identity-easy-online-access-to-key-services
What is the European Digital Identity?

The European Digital Identity (eID) enables the mutual recognition of national electronic identification schemes across borders. It allows EU citizens to identify and authenticate themselves online without having to resort to commercial providers. It also allows people to access online services from other EU countries using their national electronic identity card.

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DSA: Making the online world safer

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https://digital-strategy.ec.europa.eu/en/policies/safer-online
Find out how the DSA can make the online world safer and protect your fundamental rights.
DSA text on a blue and purple background

@EuropeanCommission
Are you curious to know about how the EU protects you online? New rules introduced in the DSA will work to create a fairer and safer online world.

There are many ways to spend time and find information online, whether you are connecting with friends, browsing social media or like three-quarters of the EU population, doing some online shopping.

But, how confident are you of the sources you are buying from? Do you know why you are being recommended certain products? And what happens when our connections online turn sour, or if your content gets blocked on social media with no explanation?

These are all questions that the European Union is addressing to make sure the digital world is safe and fair for all of us.

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EDPS Newsletter #100

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https://edps.europa.eu/press-publications/publications/newsletters/newsletter-100_en#hundred
This is our 100th Newsletter! Enjoy a trip down memory lane on EDPS history. Read about the EDPS piloting the use of Open Source software, our latest Opinions on Parenthood and equality bodies for equal treatment. In this edition, you can also find out about how we conduct investigation into EU institutions' activities with an impact on data protection. And, there is always more!

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Cybersecurity of AI and Standardisation

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https://www.enisa.europa.eu/publications/cybersecurity-of-ai-and-standardisation
The overall objective of the present document is to provide an overview of standards (existing, being drafted, under consideration and planned) related to the cybersecurity of artificial intelligence (AI), assess their coverage and identify gaps in standardisation. It does so by considering the specificities of AI, and in particular machine learning, and by adopting a broad view of cybersecurity, encompassing both the ‘traditional’ confidentiality–integrity–availability paradigm and the broader concept of AI trustworthiness. Finally, the report examines how standardisation can support the implementation of the cybersecurity aspects embedded in the proposed EU regulation laying down harmonised rules on artificial intelligence (COM(2021) 206 final) (draft AI Act).
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EU lawmakers formalise position on the Data Act in plenary vote

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https://www.euractiv.com/section/data-privacy/news/eu-lawmakers-formalise-position-on-the-data-act-in-plenary-vote/
EU lawmakers adopted their version of the Data Act with an overwhelming majority during a plenary vote at the European Parliament in Strasbourg on Tuesday (14 March).

The Data Act is a landmark legislative proposal intended to remove barriers to the circulation of industrial data by regulating the rights and obligations of all the economic actors involved in sharing data from Internet of Things (IoT) products – connected devices capable of collecting and exchanging data.

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Leading EU lawmakers propose obligations for General Purpose AI

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https://www.euractiv.com/section/artificial-intelligence/news/leading-eu-lawmakers-propose-obligations-for-general-purpose-ai/
The EU lawmakers spearheading the work on the AI Act pitched significant obligations for providers of large language models like ChatGPT and Stable Diffusion while seeking to clarify the responsibilities alongside the AI value chain.

The AI Act is a flagship EU legislation to regulate Artificial Intelligence based on its capacity to cause harm. A big question mark in the negotiations of the legislative proposal is how to deal with General Purpose AI (GPAI), large language models that can be adapted for various tasks.

The offices of the European Parliament’s co-rapporteurs, Dragoș Tudorache and Brando Benifei, shared on Tuesday (14 March) a first draft on this sensitive topic, proposing some obligations for the providers of this type of AI models and responsibilities for the different economic actors involved.

General Purpose AI is an “AI system that is trained on broad data at scale, is designed for generality of output, and can be adapted to a wide range of tasks”.

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Top EU court lowers hurdles for diesel claims over illegal software

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https://www.euractiv.com/section/transport/news/top-eu-court-lowers-hurdles-for-diesel-claims-over-illegal-software/
Diesel exhaust treatment software that shuts down below certain temperatures is illegal and such car owners are entitled to seek compensation, the EU’s top court said Tuesday (21 March), opening the door to a fresh wave of “dieselgate” suits.

The European Court of Justice (ECJ) said “the purchaser of a vehicle equipped with an unlawful defeat device has a right to compensation from the car manufacturer where that device has caused damage to that purchaser”.

The judgement paves the way for a wave of fresh compensation claims against carmakers that equipped diesel cars with so-called “thermal window” software.
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Digital Markets Act: Commission creates High-Level Group to provide advice and expertise in implementation

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https://digital-strategy.ec.europa.eu/en/news/digital-markets-act-commission-creates-high-level-group-provide-advice-and-expertise-implementation?pk_source=ec_newsroom&pk_medium=email&pk_campaign=Shaping%20Europe%E2%80%99s%20Digital%20Future
Today the European Commission adopted a decision to establish a High-Level Group on the Digital Markets Act (DMA).
photo of a person holding a mobile phone with superposed icons of available services
Copyright iStock photo Getty images plus
In line with the requirements in the DMA, this group will be composed of 30 representatives nominated from the Body of the European Regulators for Electronic Communications (BEREC), the European Data Protection Supervisor (EDPS) and European Data Protection Board, the European Competition Network (ECN), the Consumer Protection Cooperation Network (CPC Network), and the European Regulatory Group of Audiovisual Media Regulators (ERGA).

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Brazil Update: Administrative Sanctions Loom with New Regulation

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https://www.natlawreview.com/article/brazil-update-administrative-sanctions-loom-new-regulation
Brazil’s Data Protection Agency clarifies what sanctions look like for violations of the country’s General Data Protection Law.[1]

On Feb. 27, 2023, Brazil’s Data Protection Agency (ANPD) issued the Regulation of Dosimetry and Application of Administrative Sanction (Regulation), which details fines and other sanctions for violations of Brazil’s General Data Protection Law (LGPD) by applicable businesses.[2] The ANPD released the Regulation to encourage businesses to comply with LGPD before the agency begins applying penalties for noncompliance. This blog post describes the nine possible sanctions available to the ANPD, circumstances that could generate such sanctions, and considerations for businesses to reduce their risk of being penalized.

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TikTok CEO fails to convince Congress that the app is not a “weapon” for China

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https://arstechnica.com/tech-policy/2023/03/congress-calls-tiktok-ceos-security-and-privacy-assurances-worthless/
For nearly five hours, Congress members of the House Committee on Energy & Commerce grilled TikTok CEO Shou Zi Chew over concerns about the platform's risks to minor safety, data privacy, and national security for American users.

“The American people need the truth about the threat TikTok poses to our national and personal security,” committee chair Cathy McMorris Rodgers (R-Wa.) said in her opening statement, concluding that “TikTok is a weapon.”

Rodgers suggested that even for Americans who have never used the app, “TikTok surveils us all, and the Chinese Communist Party (CCP) is able to use this as a tool to manipulate America as a whole.”

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Who’s Winning the AI Race? It’s Not That Simple.

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https://dnyuz.com/2023/03/27/whos-winning-the-ai-race-its-not-that-simple/
The United States is no stranger to technological arms races, having spent much of the Cold War in a two-pronged one-upmanship effort against the Soviet Union to build bigger rockets and land those on the moon. Its rivalry now is with China, and the latest battleground is artificial intelligence.

The United States is no stranger to technological arms races, having spent much of the Cold War in a two-pronged one-upmanship effort against the Soviet Union to build bigger rockets and land those on the moon. Its rivalry now is with China, and the latest battleground is artificial intelligence.

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Coordinated Enforcement Action on the role of data protection officers

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https://edps.europa.eu/press-publications/press-news/press-releases/2023/coordinated-enforcement-action-role-data-protection-officers-0_en
Launched in March 2023, the EDPS is taking part in the European Data Protection Board’s (EDPB) Coordinated Enforcement Action on the role and tasks of data protection officers, alongside 26 data protection authorities of the EU and the European Economic Area (EU/EEA).

Wojciech Wiewiórowski, EDPS, said: “The role of a data protection officer is crucial in ensuring that data protection law is applied within entities in the EU, and within EU institutions, bodies, offices and agencies (EUIs). By bridging the gap between EU data protection law and its practical application, data protection officers help to promote the effective protection of individuals’ privacy and personal data. Cooperating with the EDPB aims to facilitate the consistent and coherent application of data protection law, its principles, and good practices across the EU/EEA.”

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Executive Order on Prohibition on Use by the United States Government of Commercial Spyware that Poses Risks to National Security

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https://www.whitehouse.gov/briefing-room/presidential-actions/2023/03/27/executive-order-on-prohibition-on-use-by-the-united-states-government-of-commercial-spyware-that-poses-risks-to-national-security/
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. Technology is central to the future of our national security, economy, and democracy. The United States has fundamental national security and foreign policy interests in (1) ensuring that technology is developed, deployed, and governed in accordance with universal human rights; the rule of law; and appropriate legal authorization, safeguards, and oversight, such that it supports, and does not undermine, democracy, civil rights and civil liberties, and public safety; and (2) mitigating, to the greatest extent possible, the risk emerging technologies may pose to United States Government institutions, personnel, information, and information systems.
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