European telcos will provide cellphone location data to help analyze COVID-19's spread, under recommendations unveiled Wednesday by the European Commission. The proposed "toolbox," which is intended to support steps to return to normality and which the EC said will be finalized April 15, includes a common EU approach for modeling and predicting the virus' evolution via aggregated, anonymized mobile location data. The use of telecom metadata has buy-in from mobile operators and EU data protection officials. Some privacy advocates are concerned.
Dugie Standeford
Dugie Standeford, European Correspondent, Communications Daily and Privacy Daily, is a former lawyer. She joined Warren Communications News in 2000 to report on internet policy and regulation. In 2003 she moved to the U.K. and since then has covered European telecommunications issues. She previously covered the U.S. Occupational Safety and Health Administration and intellectual property law matters. She has a degree in psychology from Duke University and a law degree from the University of Tulsa College of Law.
EU and U.K. telecom operators are scrambling to decide what to do about Huawei gear in their networks despite neither the EU nor the U.K. banning it, officials and consultants said in interviews and reports. Companies face significant costs to replace the equipment and are under pressure to build out 5G networks. Showing the sensitivity of the issue, no stakeholders would speak about the subject on the record in phone interviews.
The coronavirus pandemic could have contradictory effects on European telecom providers, officials said in recent interviews. Demand may rise as people increasingly work from home. or fall from customers who lose their jobs or get COVID-19. European telcos said their supply chain hasn't been affected. U.K. ISPs said they can handle increased usage. Authorities said EU privacy rules must still be followed.
The status of existing data protection rules and Privacy Shield in Britain is unclear following the nation's Jan. 31 departure from the EU, privacy attorneys told us. The two sides are in a transition period until Dec. 31 to allow them to negotiate a new relationship. During that time, the EU general data protection regulation will apply in the U.K., and companies won't need to take immediate action, a U.K. Information Commissioner's Office (ICO) FAQ says. It's anyone's guess how the talks will pan out and what they will mean for data protection rules between the U.K. and EU or the U.K. and the U.S., lawyers said.
Questions about ICANN's role in vetting the Public Interest Registry's sale to private equity firm Ethos Capital and how public interest commitments for .org should be enforced predominated Monday at ICANN's first entirely virtual public forum. ICANN board members were in listening-mode only as they try to decide whether to approve PIR's sale by the Internet Society. They were pressed for more detail about how they plan to settle the controversial issue. The March 7-12 meeting was scheduled to be in Cancun, Mexico, but is taking place remotely due to the coronavirus (See 2002270028).
Sale of the Public Interest Registry should be halted until ICANN can vet all financial details, the Electronic Frontier Foundation blogged Friday, responding to new accountability commitments by the buyer, Ethos Capital, about price caps, censorship safeguards and privacy protections for. org domain names (see 2002210017). EFF urged the FTC to review the buyout. Limiting price increases and establishing a "stewardship council" doesn't lessen the risk for nonprofits because the handpicked body "will have no real authority or practical ability to override the wishes of PIR's new equity owners," EFF Senior Staff Attorney Mitch Stoltz emailed us. The sale risks bankrupting PIR, he said. The Internet Governance Project said Ethos' public interest commitment is good news, because it's the agreement between ICANN and the registry "that will protect .ORG registrants, not promises, and not 'stopping the sale.'" The proposal "falls short" of IGP recommendations because composition of the stewardship council has no slots for independent noncommercial bodies and could lead to an "Ethos-selected group of puppets" and because potential steep price increases aren't accompanied by longer domain name registration terms.
The potential anticompetitive impact of trademarking domain names created by adding a generic top-level domain (gTLD) such as .com to an otherwise generic terms like "booking" is at issue in a case before the U.S. Supreme Court. The Patent and Trademark Office, backed by the Electronic Frontier Foundation, seeks a per se rule barring such domain names from being protected. Intellectual property scholars and lawyers and online companies disagree, although some also note anti-competition concerns. Case documents in PTO v. Booking.com (No. 19-46), which is set for argument March 23 (see 2001310027) are here.
A proposed amendment to VeriSign's registry agreement with ICANN provoked a barrage of negative comments from some stakeholders and a fierce counterattack by the .com registry operator. The consultation, which ended Friday, sought input on a plan to amend the contract to allow VeriSign to raise the price for .com domains by a maximum of 7% annually in years in which there's no other price increase. Foes accused ICANN of, among other things, failing to act in the public interest. In return, VeriSign blasted domain speculators for undermining the process for their own gain.
Artificial intelligence is among top tech priorities for the new European Commission and EU presidency. One key policy area for new EC President Ursula von der Leyen, a "Europe fit for the digital age," calls for legislation within her first 100 days in office on a coordinated European approach to "the human and ethical implications" of AI. The Croatian presidency, which took office Jan.1, is focused on 5G and looking toward AI and other emerging technologies. The EC approach backs a more collaborative, cross-topic approach to policymaking, those we spoke with said.
As the clamor over the proposed sale of the Public Interest Registry to a private equity firm grows, stakeholders said the deal is unlikely to be stopped via antitrust or other legal avenues, but ICANN could force concessions from the buyer. The transaction, announced Nov. 13, involves the sale of PIR's assets to Ethos Capital. Despite assurances from the buyer and the seller, the Internet Society (ISOC), opposition continues to grow (see 1912090002), with several Democratic members of Congress seeking answers Monday to a lengthy list of questions by early next year. In his year-end blog, ICANN Board Chair Maarten Botterman stressed the organization "takes its responsibility in evaluating this proposed transaction very seriously" and again urged the parties to behave openly and transparently.