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Graphic credit: Ahmad Mazloum and Salam Shokor/SMEX (CC BY SA)

Mobile users in Arab states lack critical information about basic policies affecting their freedom of expression and privacy, according to new research by the Social Media Exchange (SMEX), a Beirut-based media development and digital rights organization.  

The report, “Dependent Yet Disenfranchised: The Policy Void that Threatens the Rights of Mobile Users in Arab States,” uses the Ranking Digital Rights Corporate Accountability Index methodology to analyze policies of all 66 mobile operators based in the 22 countries of the Arab region. Research showed that only 14 of the region’s 66 mobile operators publish terms of service and just seven operators publish privacy policies. Most mobile operators in the region also do not publish transparency reports providing data on government requests for user data and content blocking or removals. Apart from the local subsidiaries of MTN, Orange, and Vodafone, not a single operator made a commitment to respect users’ free speech and privacy rights in a publicly accessible human rights policy.

Of the 14 operators that publish terms of service policies, the research found that these policies fall vastly short of protecting users’ freedom of expression rights. The analysis showed that these policies fail to clearly disclose the rules and how they are enforced, and some operators do not even publish terms of service policies in the primary languages of their users. Companies also failed to provide users with remedy mechanisms addressing their free speech complaints.

The report was researched and written by Afef Abrougui, who currently serves as Corporate Accountability Editor at Ranking Digital Rights.  

Corporate Accountability News Highlights is a regular series by Ranking Digital Rights highlighting key news related to tech companies, freedom of expression, and privacy issues around the world.

Facebook in breach of German Data protection law

Facebook Headquarters at 1 Hacker Way, Menlo Park, California. Photo by Anthony Quintano (CC BY 2.0)

A German court has ruled that Facebook is in breach of the country’s data protection law, in a lawsuit filed by a consumer advocacy group. The court found that five Facebook default settings such as the disclosure of a user’s location when chatting to others on the Facebook mobile application, and the appearance of personal Facebook profiles in search results—violate the Federal Data Protection Act for failing to meet the requirement of informed consent. Under the act, German users should be provided with “clear and easy to understand information on the nature, scope and purpose of the intended use of [their] data.”

Facebook said that it would appeal the court’s decision.

The court also ruled against eight other clauses in Facebook’s terms of use such as “pre-formulated declarations of consent” allowing the company to use names and profile pictures of its users “for commercial, sponsored or related content” and to transfer their data to the United States.  

Companies should clearly disclose to users what options they have to control collection, retention and use of their personal information. Internet, mobile, and telecommunications companies evaluated in the 2017 Corporate Accountability did not disclose enough information about such options. Facebook disclosed less about these options than any of the 12 internet companies evaluated. The company did not disclose options allowing users to control the company’s collection of their user information, and how their information is used for targeted advertising.

The court also ruled that Facebook’s “authentic name” policy which requires users to use a name that appears on their IDs was in violation of the German Telemedia Act, which requires providers to allow users to use pseudonyms. Internet companies and providers of prepaid mobile services should not require users to verify their names with government-issued IDs. Research from the 2017 Index showed that while Facebook did not require users to do so for its Instagram and WhatsApp, users of Facebook and the Messenger app are required to verify their accounts with information that can connect users to their offline identity.

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Photo by Maurizio Pesce via Wikimedia Commons, CC BY 2.0

As everyday consumer appliances and devices like televisions are increasingly connected to the internet, concerns about privacy and security are mounting. Adding to growing consumer anxiety about the implications of bringing internet-connected appliances into our homes, on February 7th Consumer Reports reported that certain TV models sold by Samsung and TCL are vulnerable to hackers. The assessment, conducted in collaboration with Ranking Digital Rights (RDR) and Disconnect—a company that makes digital tools for preventing privacy invasions—revealed that security vulnerabilities in two of the five TV brands tested, Samsung and TCL, could allow a hacker to remotely take control of the TV.

Researchers also found that all “smart” or internet-connected TVs examined collect large amounts of information, which they send back to the TV manufacturers, software providers, and various third parties that deliver content, process payments and warranty claims, and provide marketing services. And yet, users do not always have the ability to control or minimize such data collection without losing the features of their TV that make them “smart” in the first place, and that enable streaming or searching for content on various apps such as Netflix and YouTube.  

These unsettling findings are the first published results of an ongoing collaborative research and testing project that uses the Digital Standard to evaluate internet-connected products that make up what is often called the “internet of things.” The Standard is an essential list of privacy and security criteria to assess smart devices, services and apps, developed in partnership with leading privacy, security, and human rights organizations, including Ranking Digital Rights. The goal is to encourage technology companies to prioritize consumers’ security and privacy needs, and to help consumers make informed choices.

Many of the privacy and security criteria included in the Digital Standard are either directly borrowed or adapted from RDR’s Corporate Accountability Index methodology. While RDR’s 35 indicators were developed to evaluate internet, mobile, and telecommunications companies, with some adaptation the methodology is proving to be equally suitable for assessing networked devices and services such as smart TVs. As part of the collaborative research and testing effort led by Consumer Reports, other types of networked devices and applications are also being evaluated against the Digital Standard. Thus, while the RDR Corporate Accountability Index focuses on 22 internet, mobile and telecommunications companies, the Digital Standard project demonstrates how the core principles underlying RDR’s methodology can be used to evaluate many more companies and product types across the information and communication technology (ICT) sector.

The RDR indicators incorporated into the Digital Standard criteria focus on corporate disclosure of policies and practices around data collection and control, data use and sharing, and privacy and security oversight, among other issues. Collectively, these indicators have contributed to Consumer Reports’ findings about the disturbing amount of data that TVs collect when connected to the internet. These data can include log information, device information, location information, as well as viewing information about the content users watch, which can be combined and shared for targeted advertising on TVs and other platforms with significant implications for privacy and security.

More importantly, the findings reported this month by Consumer Reports highlight once again the importance of assessment tools such as RDR’s Index and the Digital Standard. Both provide companies with a roadmap to follow for establishing basic privacy and security standards. They also provide consumers with clear guidance for what they should be looking for in choosing internet-connected products. Furthermore, such evidence-based findings about privacy weaknesses and security vulnerabilities can be leveraged by advocacy organizations, shareholders, and users to demand more accountability from companies. They can also inform the work of policymakers as products from a growing number of industries get connected to the internet.

Corporate Accountability News Highlights is a regular series by Ranking Digital Rights highlighting key news related to tech companies, freedom of expression, and privacy issues around the world.

Journalists urged to quit iCloud China 

Apple store in Shanghai, China. Photo by myuibe [CC BY 2.0], via Wikimedia Commons

Reporters Without Borders is urging journalists and bloggers to quit Apple iCloud China as control over the service is set to be transferred to a local host with close ties to the Chinese government. The press freedom watchdog voiced concerns that the transition will pose a threat to the security of journalists and their personal data, urging them to stop using iCloud China or to change their geographic region.

Apple is making the migration to comply with new regulations which require cloud services to be operated by Chinese companies and user data stored locally. Starting from February 28, Guizhou-Cloud Big Data (GCBD), a company owned by the local Guizhou provincial government, will be operating iCloud in mainland China. Although Apple said that it had strong data privacy and security protections in place, and “no backdoors will be created into any of [their] systems,” GCBD will still have access to all user data according to a newly added clause to the iCloud China user agreement. This has raised concerns that the Chinese government will be able to easily spy on users.

Companies should conduct regular, comprehensive human rights risk assessments that evaluate how laws affect freedom of expression and privacy in the jurisdictions in which they operate as well as assessments of freedom of expression and privacy risks when entering new markets or launching new products. Companies should also seek ways to mitigate risks posed by those impacts. The 2017 Corporate Accountability Index found that Apple did not disclose if it conducted these types of assessments. However Apple recently published a new “Privacy Governance” policy stating that it conducts privacy-related impact assessments, although it does not disclose if its due diligence process includes evaluating freedom of expression risks.

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Corporate Accountability News Highlights is a regular series by Ranking Digital Rights highlighting key news related to tech companies, freedom of expression, and privacy issues around the world.

China shuts down Weibo services for a week

Images remixed by Oiwan Lam (CC BY 2.0)

The Chinese government has ordered the micro-blogging platform Sina Weibo to shut down services over objectionable content for a week. On January 27, the Cyberspace Administration of China, the country’s internet regulator, complained about ‘’vulgar and pronographic content’’ to a Weibo executive, and ordered the Chinese platform to shut down several portals including its portal on celebrities and hot searches site. The regulator also denounced content that discriminates against minorities and contradicts China’s ‘’social values.’’

Weibo is one of the most popular social media platforms in China with more than 300 million monthly active users. The Chinese government implements strict internet censorship policies. Popular non-Chinese services and platforms like Facebook, Twitter, and Youtube are banned, while Chinese services such as Weibo, the instant messaging app WeChat, and the Baidu search engine operate under tight regulations that require them to monitor and take down objectionable content.

Internet, mobile, and telecommunications companies should be transparent about how they handle government requests for content restrictions and publish transparency reports on such requests that include data on the number of requests received, the number they complied with, the types of subject matter associated with these requests. Most companies evaluated in the 2017 Corporate Accountability Index lacked transparency about how they handle government requests to restrict content or accounts, and did not disclose sufficient data about the number of requests they received or complied with, or which authorities made these requests.   

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