Wednesday, November 3, 2010

Google in 'significant breach' of UK data laws


Google in 'significant breach' of UK data 

laws


There was a "significant breach" of the Data Protection Act when Google collected personal data via its Street View cars, the UK's Information Commissioner has ruled.


But Google will not face a fine or any punishment, Christopher Graham added.


Instead, the Information Commissioner's Office (ICO) will audit Google's data protection practices.


The move marks a U-turn for the ICO which originally ruled that no data breach had occurred.


Last week the ICO vowed to look again at the evidence, after the Canadian data agency found the search giant in breach of its law.


Its decision was welcomed by MP Robert Halfon, who has been critical of the ICO and of Google, which he recently accused of deliberately collecting the data for commercial gain.


However, he said that action had come too late.


"The ICO failed to act when it should have done, despite the fact that Google staged a significant infringement of privacy and civil liberties, by harvesting millions of e-mails, wi-fi addresses, and passwords.


"Furthermore, the ICO has already proved that it lacks the technical expertise to audit Google's activity. What confidence can we have in their audit now? People feel powerless."


The ICO said it "strongly refutes" Mr Halfon's suggestion that it did not have "the necessary expertise to audit" Google.


"We have a team of experienced and qualified auditors who regularly check organisations compliance with data protection requirements."


Mr Graham said Google must delete the data - collected from unsecured wi-fi networks - "as soon as it is legally cleared to do so".


Google has apologised for collecting the data, which it said had been done by mistake.


'Profoundly sorry'


Google has been the subject of scrutiny from data protection agencies around the world, following news that software in its Street View cars collected personal information.


Street View has been under scrutiny in Germany


This was revealed following a request from the German data commissioner to audit all the data being collected by Street View cars.


Google discovered that, along with legitimate data about the location of wi-fi hotspots, the cars were also hoovering up personal details from unsecured networks, known as payload data.


Peter Fleischer, Google's Global Privacy Counsel, said the firm was "profoundly sorry for mistakenly collecting payload data in the UK".


Google said it happened as the result of code written by one of its engineers being mistakenly incorporated in the Street View software.


"Since we announced our mistake in May we have co-operated closely with the ICO and worked to improve our internal controls," said Mr Fleischer.


"We are in the process of confirming that there are no outstanding legal obligations upon us to retain the data, and will then ensure that it is quickly and safely deleted."


'Serious violation'


It announced recently that it would appoint a head of privacy and ensure that all its engineering teams followed strict privacy protocols.


New impetus was given to the UK enquiry, which had originally ruled that no significant breach had occurred, following harsh criticisms of Google from the Canadian authorities.


Last month it found that the search giant had breached its privacy laws.


"This incident was a serious violation of Canadian's privacy rights," privacy commissioner Jennifer Stoddart concluded.


But she said that no further action would be taken if Google tightened its privacy policies.


Backlash


Street View is now available in around 20 countries and allows uses to walk through towns and cities using photos taken by the Street View cars.


Anyone wishing to have an image removed can request this from Google.


But there is a growing backlash against the service, following complaints from people that their privacy was breached when the photos were taken.


In Germany, where Google is imminently rolling out a service, the government forced it to allow people to opt out of the service before pictures went live.


Italy has asked it to give citizens notice before starting mapping operations while the Czech Republic has banned it from taking any more pictures.


by bbc.co,uk



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Google Settles Buzz Lawsuit

Google Settles Buzz Lawsuit








The company will set aside $8.5 million to fund privacy education, but Gmail users will not be compensated. 


Google began sending messages to Gmail users in the U.S. on Tuesday to provide notification that it had reached a settlement in the Buzz class action lawsuit.

The launch of Google's Buzz social networking service in February prompted a privacy outcry andsubsequent lawsuits, which were aggregated into a class action.
 
Eric Rubin, CEO of Dreamfactory, talks about the company's Business Essentials, a suite of software services, including project management and business intelligence, that runs on the Salesforce.com AppExchange platform.

Google made a series of changes to its service to address complaints that Buzz exposed private and potentially sensitive Gmail contacts. These included making choices about followers and following more visible, moving to an auto-suggest model rather than automatic following, and the addition of Buzz to the Google Dashboard to make it easier to see one's Buzz settings.

The settlement does not include an admission of error or any compensation for Gmail users. Rather it acknowledges the changes Google made in its service to address complaints and commits $8.5 million, less legal fees, to be directed to "organizations promoting privacy education and policy on the Web," as Google puts it in its letter.


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Those seeking compensation have to opt-out of the settlement before the December 6 deadline, file a separate lawsuit, and win in court.

As a result of a separate privacy snafu -- the company's inadvertent gathering of WiFi packet data through its Street View cars -- Google last week made a significant commitment to improve its approach to privacy by adding a new director of privacy to oversee product management, implementing additional process controls and auditing, and adding further privacy education for employees.
By Thomas Claburn




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7 Ways Windows Phone 7 Is Better Than the iPhone (And 

5 Ways It Isn’t)





We kicked the comparisons off with Windows Phone 7 vs Android. Next up? Apple's venerable iOS, or the artist formerly known as iPhone OS. How does Microsoft’s latest mobile incarnation stack up against the mobile platform that shook up the game about three years ago?
Here’s how:

1. It's Alive
Windows Phone 7 brings information to your lock and home screens by way of its “live tiles” and notifications bar. Apple’s iOS gives you little numbers on icons and “Stop Everything!” notifications panes, but it can’t really stack up to WP7’s dynamic, colorful, customizable system for at-a-glance updates. And then there’s Xbox Live, which had darned well better kick iOS’ “Game Center” right in the pants, lest Microsoft lose all credibility in the gaming community.
2. It Comes in Multiple Form Factors
Some people like touchscreens, others like keyboards. Some like sliders, others like slabs. Apple offers one iPhone form factor: the full-touch slab. Microsoft and its partners have announced ten WP7 phones for its initial launch, including touch-only phones in a few sizes, touchscreen phones with slide-out QWERTY boards, and even the faux-ghetto blaster HTC Surround with its slide-out speakers. Variety, they say, is the spice of smartphones.
3. It’s Got Office Hub
All Windows Phone 7 devices will ship with a mobile version of Microsoft Office that features Sharepoint support. Office and Sharepoint, along with the obligatory Exchange support, promise a level of Enterprise-class utility for WP7 users that iOS simply can’t match—even with third-party business software like DropBox, Google Apps, and QuickOffice.
4. It’s Got Hardware Camera Buttons
This is a standard attribute of all WP7 devices. Love it.
 5. It Supports Zune Pass
Yes, iTunes is the current Gold Standard in digital music stores. And yes, iOS users have their choice of subscription-based music apps including MOG and Rdio. But Zune Pass gives you more for your $10 per month than any iOS app does simply by allowing you to sync music across your mobile and desktop/laptop devices. That’s our biggest complaint with MOG: there’s no way to sync iOS tunes to a laptop.

 6. It Syncs Contacts Across Social Networks
Set up a Windows Phone 7 device and sync it to your Facebook and/or Google accounts. Lookie there, on the home screen! It’s a live tile with rotating photos of your contacts! Drill down to the People hub and you’ve got names and photos and contact info and social networking updates right there on your phone. We know, we know. All modern smartphone OSes do this…oh, wait, not all of them do. Apple’s iOS doesn’t.

 7. It Works on Mutliple Carriers in the U.S.
Yeah, the Verizon iPhone rumors are hotter than ever. But that doesn’t change the current reality of using an iPhone in the United States; It’s AT&T or bust. WP7 will launch on AT&T and T-Mobile in the US, with the HTC 7 Pro set to hit Sprint early next year.

Okay, now let's take a look at the other side of the coin: 
1. It can’t…
WP7 can't cut and paste, play Flash/HTML 5/Silverlight videos, unify your inbox, show threaded email or do a bunch of other things iOS can. To be honest, Windows Phone 7 launches with a “can’t” list that more or less mimics the one iOS launched with. Problem is, the original iPhone hit three-plus years ago and brought a ton of revolutions with it. Microsoft has a bunch of catch-up work to do. Immediately.

2. It Lacks iOS’ Ecosystem
Love it or hate it, the iTunes/App Store ecosystem rules when it comes to mindshare and revenue. Add to that the enormous “Made for iPhone” cottage industry of cases, speaker docks and earphones, and you’ve got a full-blown mobile way of life that exists in Apple’s real and virtual stores across the globe. You know Microsoft aspires to such heights with WP7, but can they get even half of the way there?

3. It Won’t Have Many Apps
The handful of WP7 apps I’ve seen thus far have been gorgeous; Microsoft did a great job of insuring that third party devs adhere to WP7’s overall look and feel in designing apps. Thing is, iOS offers literally hundreds of thousands of options in its App Store. That’s a big, bad number to stack up against.

 4. It's Version 1
Get ready for bugs. Get ready to wait for features your friends already have. Get ready to wait for v2.0. (Yes, I copied this from my WP7-vs-Android article, but hey, it bears repeating.)

 5. It Has Already Lost a Ton of Loyal Users to Apple (and Google, and RIM)
Microsoft lost a ton of its smartphone install base since announcing the death of Windows Mobile and the subsequent birth of Windows Phone. The latest figures from Canalys give MSFT a mere 3.0% share of the global smartphone market. While all of those old WM 6.x users certainly didn’t migrate to iOS, it stands to reason that a bunch of them are gone today. No matter if they fled for Apple, Google or RIM – they left Windows. The big question is whether or not Microsoft can win them back, no matter how good WP 7 turns out to be.



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How a 42-Year-Old Porn Might Screw Video Games

How a 42-Year-Old Porn Might Screw Video Games


Games that depict violence, such as “Grand Theft Auto IV,” could be restricted for minors if a California law is upheld.



"Censors are, of course, propelled by their own neuroses. That is why a universally accepted definition of obscenity is impossible. Any definition is indeed highly subjective, turning on the neurosis of the censor."

So said U.S. Supreme Court Justice William Douglas in 1968, arguing against most of his colleagues who felt that selling nude magazines to minors should be a criminal offense. The courts, he said, should not decide what's suitable for people to read. That decision is best left to parents or religious groups.

As today's Supreme Court grappled with the legality of selling violent video games to minors, Douglas' dissent in Ginsburg v. New York seemed as relevant as ever.

The state of California wants an exception to the First Amendment for excessively violent video games, making their sale to minors a crime. Not surprisingly, California's deputy attorney general, Zackery Morazzini, said the case is similar to Ginsburg v. New York, except that the exception applies to violence instead of sex. (You can read the whole transcript at Scribd.)

Here's the problem: No one in court could define what level of violence qualifies as excessive. Morazzini couldn't say off-hand whether Mortal Kombat is obscene under California's law, and the state only pointed to one game as an example in its briefs, the long-forgotten Postal 2. In the end, Morazzini proposed that jurors could decide on what's passable, and that the games industry would surely figure out the answer on its own.

Read that Douglas quote again.

I don't think kids should watch porn or play violent video games. Neither did Douglas, but he felt that the government shouldn't have a role in the decision, lest the world's anti-obscenity crusaders someday decide that adults need "protecting" as well. Had Douglas' fellow justices agreed, the U.S. Supreme Court probably wouldn't have considered violent video game laws today. Instead, much of today's hearing was spent fumbling over what, exactly, constitutes "deviant or morbid" violence.

It's certainly possible that the court won't be satisfied with California's vague definition, and will overturn the law. Maybe I'm just a free speech nut, but I'm no less settled by the idea that the court would accept a line in the sand.

By Jared Newman




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ITC Staff Sides With Nokia in Apple Patent Dispute

ITC Staff Sides With Nokia in Apple Patent Dispute 



A judge should find that Nokia Corp. didn't infringe on Apple Inc. patents, staff at the International Trade Commission said.

The "evidence will not establish a violation" of any Apple patents in the case, the ITC investigative staff said Monday in a pre-hearing statement, but the judge doesn't have to follow the staff's recommendation.

Apple is seeking to ban imports of the devices from the world's largest mobile phone maker, including products that use the Symbian and S40 operating systems.

The trial against Nokia, which began Monday, is one of many skirmishes in the fiercely competitive smartphone industry. Along with its accusations against Nokia, Apple is sparring with Motorola Inc. and Taiwan's HTC Corp., makers of phones based on Google Inc.'s Android platform. And Microsoft Corp. sued Motorola last month, accusing it of violating Microsoft's patents in smartphones using Android.

The recent battles in the mobile market started in October 2009, when Nokia accused Apple of violating 10 patents with its iPhone. The Finnish cellphone giant, which earns royalty revenue from other cellphone makers, later followed up with claims against Apple's iPad.

Apple has countersued, accusing Nokia of infringing some of its patents, violating antitrust laws and breach of contract. Both companies deny the other's infringement allegations.

The ITC staff said on Monday that some of the Apple patents were invalid and others weren't infringed. But the statement said that if a judge determines Nokia violated patents, he should ban some Nokia phones from being imported into the U.S.

The judge's ruling is expected in February, and Nokia's suit against Apple is scheduled for trial beginning Nov. 29. Nokia declined to comment while Apple wasn't immediately available.

"Definitely, when you're in a case, it's better to have the staff on your side," said Eric Schweibenz, a partner at Oblon, Spivak, McClelland, Maier & Neustadt specializing in patent litigation. That said, determinations by ITC judges often go in other directions, he said.
By SHARA TIBKEN



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YouTube Banned In Turkey (Again)


YouTube Banned In Turkey (Again)





The battle between YouTube and Turkish officials continued this week as Turkey reportedly unblocked and then re-blocked the Google-owned video site in the country over unflattering videos of the country's political leaders.

Turkey re-instated a ban on YouTube this week, days after a 2.5-year ban was lifted last Saturday, according to a state-run news agency. On Tuesday night, a Turkish court banned YouTube again, this time over an old video purportedly showing former opposition leader Deniz Baykal in a hotel room with someone other than his wife. Baykal was forced to resign over the video in May, according to The Guardian.

Scott Rubin, Google's head of public policy and communicationsstrategy for EMEA, said the company was investigating the reported ban.

"As always, we are open to discussing with Turkish authorities any concerns they may have about our services. If there are videos that they-or anyone else-believe may violate our Community Guidelines, it's easy to flag the video," Rubin said.

"We review all flag[ged] videos quickly, and if we find they do break the rules, we remove them quickly," Rubin continued. "A removal for a Community Guidelines violation is a global removal, quite different from the previous demand that we apply Turkish law outside the borders of Turkey, which, of course, we refused to do."

Turkish authorities first imposed a ban on YouTube for two days in 2007 over four videos that were deemed insulting to Turkey's founder, Mustafa Kemal Ataturk. Another ban was put into place in May 2008 over the same issue, which lasted for more than two years.

YouTube refused to remove the videos from its site but made them inaccessible to users in Turkey. "We refused because we do not believe that Turkish law can or should be applied outside Turkey," Google said in a previous statement. Many Turkish people got around the ban via proxy Web sites.

A court in Ankara on Saturday lifted the ban after a German-based company reportedly used itstechnology to remove the videos from the site, Reuters said. YouTube later re-posted the videos. The Tuesday ban, imposed by another court in Ankara, related to the aforementioned video of Baykal, Reuters reported.

Turkish president Abdullah Gul condemned the YouTube ban on his Twitter page, The Guardianreported, saying he did not approve of the bans and had asked officials to examine legal ways of reopening access.

In June, Turkey inexplicably banned many Google IP addresses, mostly for apps like Google Translate, Google Books and Google Docs, the International Business Times reported.




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Facebook Uses Twitter To Address Smaller Front Size Complaints

Facebook Uses Twitter To Address Smaller Front Size Complaints



There’s a common pattern emerging for how people use Facebook and Twitter, respectively. Whenever Facebook has problems with its service or goes down for a period of time, many take to Twitter to share the news and their complaints. Such is the case with a recent change that’s swept Facebook: its decrease in font size in the news feed.

Largely, users have complained about the font now being too small, and Facebook introducing the change without warning.

But more even more interesting is how Facebook has made a concession to its rival social network on this inter-social network usage pattern, and has addressed this latest font issue solely on Twitter, as far as I can tell. “Thanks for the feedback on the font size. We’re listening and sharing it with our teams here,” said a tweet on the Facebook Twitter account.

Given that there’s been no official notification of the change, no blog post on Facebook.com and no forum for addressing user comments or complaints on Facebook regarding this sudden font shrinkage, you can see why users have taken to Twitter to talk about the change. And it’s interesting that instead of opening a Facebook.com channel of communication, the company has used Twitter for its initial response. Ironic too, in context, that the tagline on Facebook’s Twitter account is “Giving people the power to share and make the world more open and connected.”

So if Facebook users are so open and connected and empowered to share, why are they doing that sharing on Twitter?
by oliver chiang




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