Ensuring eSignature Lawfulness for Recruitment Proposals in European Union

How to eSign a document: e-signature lawfulness for Recruitment Proposal in European Union

[Music] this is TWiT we are back to protecting the children and I'm not making light of that at all see Sam as we know child sexual abuse material and online exploitation of children is so distasteful that it's difficult to talk about because that requires imagining something that you'd much rather not but it's that power that gives this a bit of a trojan horse ability to slip past our defenses or at least past the politicians um because there's also a very valid worry surrounding you know this whole issue that once we've agreed to compromise our privacy for the very best of reasons protecting children our government or a foreign government or law enforcement might use their then available access to our no longer truly private Communications against us now nowhere in the eu's pending legislation pending surveillance legislation that I'll get to in a second uh is there any mention of terrorists or terrorism but it's been voiced before and you can bet that it will come marching out again and once everyone's Communications is being screened for seductive content that might be considered grooming you know photos that might be naughty and other content that some automated bot thinks should be brought to a human's attention then what's next so this is you know this is this is the very definition of a slippery slope document number 52022 pc0209 is titled proposal for a regulation of the European Parliament and of the council laying down rules to prevent and combat child sexual abuse okay first of all it won't prevent it right nothing will what it will do is drive that material to seek other channels and that's not a bad thing and I agree that it would likely combat the problem though you know again prevention okay to some degree right the question is is this the best solution and what real price are we paying to make that possible and of course what could possibly go wrong so what is essentially happening is that the EU is taking the next step over and ignoring the loud and recently polled objections of 72 percent of European citizens EU legislators are preparing to move their current content screening internet communication surveillance which until now has been voluntary and as a consequence somewhat Limited in its application to mandatory and therefore Universal okay so now just to recap a bit about how we got to where we are now three years ago in 2020 the European commission proposed temporary legislation which allowed for the automated internet communications surveillance for the purpose of screening content for csam child sexual abuse material the following summer on July 6th of 2021 the European Parliament adopted the legislation to allow for this voluntary screening and as a result of this adoption which they refer to as an e-privacy derogation in other words creating a deliberate exception to e-privacy for this purpose us-based providers like you know Gmail outlook.com and and met his Facebook began voluntarily screening for this content on some of their platforms notably however only those very few providers did anything the other providers of for example explicitly secure secure Communications you know telegram signal they've not done anything and so last summer on May 11th of 2022 the commission presented a proposal to move this internet surveillance from this is no longer going to be temporary and is no longer going to be voluntary it will be becoming mandatory for all service providers as we noted when this was last discussed in the context of apples hastily abandoned proposal to provide client local image analysis by storing the hashes of known illegal images on the user's phone the content to be examined includes not only images but also textual content which might be considered solicitous of minors you know that's that grooming term and most controversially all of this would impact every EU citizen regardless of whether there was any preceding suspicion of wrongdoing everyone's Visual and textual Communications would be and apparently will soon be surveilled interestingly the legality of this surveillance in the EU has already been challenged and ing to a judgment by the European court of justice the permanent and general automatic analysis of private Communications violates fundamental rights nevertheless the EU now intends to adopt such legislation for the court to subsequently annul it can take years by which time the mandated systems will be established and in place currently meetings and hearings are underway they're going to be going on through through the rest of the year a parliamentary vote is being held next month in March followed by various actions being taken throughout the rest of the year as required to move the you know the sure passage of this legislation through a large bureaucracy why sure after all how does any politician defend not wishing to protect the children I read a great deal of this proposal and it has been clearly written to be rigorously defensible as a child protection act period so how do you stand up and vote against that it shows every indication of being adopted with this surveillance set to become mandatory in April of next year 2024. so some pieces from this legislation quote by introducing an obligation for providers to detect report block and remove child sexual abuse material from their services The Proposal enables improved detection investigation and prosecution of offenses under the child sexual abuse directive another piece this proposal sets out targeted measures that are proportionate to the risk of misuse of a given service for online sexual abuse and are subject to robust conditions and safeguards it also seeks to ensure that providers can meet their responsibilities by establishing a European Center to prevent and counter child sexual abuse further you know here and after referred to as EU Center to facilitate and support implementation of this regulation and thus help remove obstacles to the internal Market especially in connection with the obligations of providers under this regulation to detect online textual child sexual abuse report it and remove child sexual abuse material in particular the EU Center will create maintain and operate databases of indicators of online child sexual abuse that providers will be required to use to comply with the detection obligations okay why mandatory they say the impact assessment shows that voluntary actions alone against online child sexual abuse have proven insufficient by virtue of their adoption by a small number of providers only of the considerable challenges encountered in the context of public-private cooperation in this field as well as of the difficulties faced by member states meaning EU member states in preventing the phenomenon and guaranteeing an adequate level of assistance to victims this situation has led to the adoption of Divergent sets of measures to fight online child sexual abuse in different member states in the absence of Union action legal fragmentation can be expected to develop further as member states introduce additional measures to address the problem at National level creating barriers to cross-border service provision on the digital single Market and as to why they think this is a good thing quote these measures would significantly reduce the violation of victims rights inherent in the circulation of material depicting their abuse these obligations in particular the requirement to detect new child sexual abuse materials and grooming would result in the identification of new victims and create a possibility for their rescue from ongoing abuse leading to a significant positive impact on their rights and Society at large the provision of a clear legal basis for the mandatory detection and reporting of grooming would also positively impact these rights increased and more effective prevention efforts will also reduce the prevalence of child sexual abuse supporting the rights of children by preventing them from being victimized measures to support victims in removing their images and videos would Safeguard their rights to protection of private and family life privacy and of personal data Okay so this is clearly something that the EU is focused upon and is committed to seeing put into action to be in effect in the spring of next year 2024 and apparently the EU has a legal system much like the one which has evolved or devolved here in the U.S where the court system has been layered with so many checks balances and safeguards against misjudgments that years will then pass while challenges make their way through the courts meanwhile this is mandatory starting in April conspicuously missing from any of this proposed legislation is any apparent thought to how exactly this will be accomplished from a technology and technological standpoint which of course is what interests us you know if I have an Android phone whose job whose job is it to watch and analyze what images my camera captures what images my phone receives what textual content I exchange is the phone Hardware providers is you know is it the phone Hardware provider's job or is it the underlying Android os's job or is it the individual messaging application it's difficult to see how signal and telegram are ever going to capitulate to this and is it the possession of the content or or the transmission reception and communication of the content you know can you record your own movies for local use never with any intention to do anything else with them the proposal establishes and funds this so-called EU Center to serve as a central Clearinghouse for suspected illegal content and providing that in some fashion the the the samples against which material that is seen on devices on consumer devices in the EU is checked against so when an eu-based provider somehow detects something which may be prescribed the identity and the current location of the suspected perpetrator along with a content in question will be forwarded to the EU Center for their analysis and further action if any wow so as I've been saying for years this battle over the Collision of cryptography and the state's belief in its need for surveillance is going to be a mess and it's far from over so Leo um it moves forward I it makes me really think about the long-term consequences of that and if I were Apple or Google or Samsung well or I would be fighting this tooth and nail because in the long run they're going to be forced to Res to enforce it essentially right to compromise they're they're going to have to do something yeah and uh and once they if they do then you're going to see a migration away from their platforms to non-proprietary open platforms so that people don't have to subjugate themselves to this so I think it hurts them badly first because they're gonna have a battle over how to enforce it Apple's already turned on Advanced Data protection in the U.S which is so and here's another question and now globally it went Global a couple weeks okay with iOS 16.3 now Universal there'll be you know non-compliant in the EU and then there's the other question is they haven't done this yet but how long before they then make it illegal for me to encrypt everything right because they're going to stop the vendors but what if I decide well I'm going to figure out a way that I'm going to pre-in internet do what you call Pi a free internet encryption of everything uh am I now found guilty because I must be hiding something I know I think it pushes people into a position where they do have to now start being responsible for their own encryption they only choose end-to-end encrypted choices it's gonna and end up driving people underground and in the dark not just criminals but everybody who wants privacy I think the out the the the long-term implications of this are bad all around I know and and so you know from a technology technology standpoint we have signal and telegram there's just no way that Moxie is going to compromise right signal in order to allow the E like and and be responsible for having a connection to the EU Center to get a database of things it has to check its users messages and that's why I'm saying what happened the burden of this is ending up on Apple and Google because in Samsung because what they'll have to do is take them out of the store they'll have to say well we can't have signal in the app store and then they can then we've washed our hands of it uh but signal will continue to be distributed underground and if you are and this is what I'm saying is ultimately if you care about privacy you're going to run an open platform that you control that you put your own software you're not going to be relying on an Apple store or an Android store and well it goes It goes a little bit further though because because the Apple could be compelled to do the filtering before signal gets it remember that signal is no no I understand you can't use an Apple device is what I'm saying the burn will end up being on Apple and and apple will if they comply which they probably will have to in the long run lose customers like you and me who will say well I'm going to use signal I'm going to do encryption and it ain't gonna be on a device where I can't so you're exactly right that's why I'm saying this is who should be fighting this tooth and nail right now is Apple and Google because this is this is going to be a not only a burden on them um it's going to require them to reverse things they've been doing but also it's going to lose some customers I don't know do most people care enough about this that they would actually seven you said 72 percent of the EU is against it they're saying yeah we do not want this see I think you can't stop encryption right you can only stop it on Commercial platforms you can both has already escaped yeah so so they can't stop it they can only tell companies internet service providers carriers cell phone manufacturers to do it so then we just say well I think that just creates a Brisk Market remember I was all geared up to do a product called cryptolink years ago you didn't want it and I I saw the handwriting on the wall it's a much slower March but I didn't want to be you know in a position where you know where governments are saying you you know we have to have a back door to your secure uh Communications many years ago uh about 20 years ago I uh there was a documentary which has since been suppressed about hacking in which I gave an interview and I said really it's going to be the hackers that are the Freedom Fighters they're going to be the ones who are going to be protecting us from governments and corporations who are going to want to invade our privacy uh take over our lives and that open source software and hackers people who know how to use it are going to be the heroes they're going to be the heroes we're gonna it's gonna be up to us to protect ourselves I don't think we should all turn into the Unabomber but at this but uh I think we're all going to have to embrace open software because they can't stop open software no it's very so that that would mean hacking an Android device in order to side load your own your own not necessarily they're already got companies like Pine that make phones that are not Android or iOS they run Linux ah okay so I they're not very good I keep buying them in hopes and they're terrible but uh this will stimulate their development and eventually just as you can buy a computer that you know you don't have to have uh you know TPM on a computer you can buy a computer that is not uh you know locked down locked down yeah and put open stuff on it and control it and that's what's going to happen I think at least for people who care maybe that's yeah and obviously that is that like yeah a diminishing minority I mean maybe they'll you know they'll you know once upon a time you know Uncle Willie was asking his his his nephew who is the geek you know what was the best computer to buy and and what you do and so maybe it'll be like hey I heard about you know yeah governments are spying on everybody with their phone you know Junior what what phone should I get and then you know Junior will know because she's in college and he's up on all this stuff there'll be a Brisk Market an open hardware and software I think and then you com the sad thing is then you've completely lost control you know the EU just well you know there's nothing they can do about it yes and and it will be as we've already seen it'll be the bad guys that are driven to that platform and sadly that I mean there is a level of false positives that occur with this there are images which you know someone who's sitting there clicking a buttons uh snapping through images in or you know the the the the the human capture person is sitting there saying whoa what's that and you know go you know go question this person I mean it's gonna be horrible yeah if that's happening yeah it's always I've always felt like uh there would come a time when this stuff was this computer technology was too powerful and that governments would want to try to control it and shut it down and that there would always be a group of us they're called hackers but there would always be a group of us who said no no we're going to keep it open we're going to keep it ours we're going to keep their prying eyes out like like Neo in The Matrix like the Matrix you know yeah yep wow and they're and they're pushing us that way you know it's too bad yeah yeah Tech break is brought to you by ACI learning globally respected companies and agencies turn to ACI learning year after year to help them maintain their Competitive Edge supporting organizations across audit I.T and cyber security Readiness ACI learning keeps organizations at the top of their game visit acilarning.com and let ACI level up your it team [Music] foreign [Music]