Google Urged to Bring Street View in Line With EU Privacy Rules – BusinessWeek

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Google Inc.’s Street View mapping service may break EU laws unless it improves the blurring technique it uses to disguise images.

Officials from 30 European countries today supported a measure that would force Google, the owner of the most popular Internet search engine, to take further steps to avoid infringing privacy rights. The proposal would create a coordinated approach to privacy issues arising as Street View is rolled out in Europe, Gerard Lommel, one of the officials, said in an interview today.

“There needs to be a right to object for people, even when the images have not yet been put online,” Lommel, a Luxembourg member of the Article 29 Data Protection Working Party, said in Brussels. The group isn’t satisfied with what Google has said about the amount of time it needs to store the images for the mapping service.

Google, which has almost 79 percent of the European search- engine market, according to ComScore Inc., faces growing scrutiny from regulators and competitors in Europe. In response to concerns raised by data-protection commissioners from 10 countries last month, Google last week said it’s committed to protecting user’s privacy.

via Google Urged to Bring Street View in Line With EU Privacy Rules – BusinessWeek.

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Legal Privilege Still Elusive for EU’s In-House Lawyers | Corporate Counsel

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In-house lawyers in Europe will have to keep fighting for legal privilege, according to a recent opinion (pdf) by a legal adviser at the European Union‘s highest court. Advocate-General Juliane Kokott of the European Union’s Court of Justice said on April 29 that attorney-client privilege should not apply to in-house corporate lawyers because they are not independent.

“A salaried in-house lawyer, notwithstanding any membership of a Bar of Law Society, does not enjoy the same degree of independence from his employer as a lawyer working in an external law firm does in relation to his client,” Kokott wrote in her opinion. “There is a structural risk that an enrolled in-house lawyer will encounter a conflict of interests between his professional obligations and the aims and wishes of his company.”

In-house corporate lawyers in Europe have been trying to overturn a 1982 ruling that says attorney-client privilege in the EU only applies to communications with outside counsel. Only a few EU member states apply privilege to in-house lawyers: the United Kingdom, Ireland and the Netherlands.

via Legal Privilege Still Elusive for EU’s In-House Lawyers.

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MEPs call for improved data security  |  European Voice

The European Parliament has called on EU negotiators to make sure they get enough safeguards in upcoming talks with the United States to protect the data rights of EU citizens.

MEPs voted through two resolutions today (5 May) that called for a more limited use of personal data collected by US authorities, fearing the data could be abused.

At issue are two separate transfers of data. One is the so-called Passenger Name Records collected by airlines about passengers on transatlantic flights, which are used by US customs and border control agents to screen people who travel to the US.

The Parliament decided to postpone its approval of a 2007 EU-US accord on the transfer of PNR, and a similar arrangement with Australia. They did so to give Cecilia Malmström, the European commissioner for home affairs, time to draft a new proposal that would answer calls by MEPs for a global agreement setting out how passenger data can be used and what legal redress citizens have over the use of their data.

The MEPs also want a separate effort to negotiate a deal with the US that would cover all data transfer deals between the two sides.

The other data transfer issue voted on today dealt with information collected on bank transfers from Europe that the US Treasury screens to weed out terrorist financiers. Negotiations on a new so-called Terrorist Tracking Finance Programme between the EU and the US are expected to start later this month. The Parliament rejected an interim deal in February because of concerns that it did no

via MEPs call for improved data security  |  Policies  |  Justice  |  Rights | European Voice.

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Google Opens Up on What Its ‘Street View’ Cars Collect – Digits – WSJ

By now, Google’s cars have driven down roads around the world — and in some places, they’re sparking concerns about just what information they are collecting.

So the Internet-search giant is opening up a bit about the data it compiles. Google is trying to address criticisms that have been leveled against it in European countries in particular and provided details about Street View cars in a post on its European Public Policy Blog on Tuesday. The company said it had discussed the information before but that it wanted to make it more easily accessible.

Privacy officials from 10 countries, including seven in Europe, sent Google a letter earlier this month outlining several concerns. The letter said Google’s Street View service was “launched in some countries without due consideration of privacy and data protection laws and cultural norms” and said “there is continued concern about the adequacy of the information you provide before the images are captured.”

So what does Google get with those cars? As anyone who has used Google Street View knows, cameras on the cars collect photos that are used in Google’s maps, and people who are out and about when the car passes can appear in images. Google reduced the amount of time it retains unblurred images in Europe, bowing to pressure from European privacy authorities. But the company has been urged to cut the time further. Google also allows people to request that images of them be removed, and a Google Germany spokeswoman told Bloomberg in March that the company would announce when it was driving by to take photos in that country.

In addition to photos, the cars gather information about Wi-Fi networks they encounter. This feature isn’t as well known, and it sparked a new round of criticism in Germany last week, with Germany’s federal commissioner for data protection saying he was “horrified” by the discovery. That’s why Google’s recent blog post devotes a considerable amount of time to explaining what Google is doing with Wi-Fi data.

Wi-Fi networks broadcast information such as the name of the network and a number given to the Wi-Fi device. In its post, Google explains that it collects this data to improve location-based services where GPS is slow or unavailable or for devices that aren’t GPS-enabled. Those devices can still triangulate location using transmissions from things like Wi-Fi networks and cellphone towers that Google has identified.

via Google Opens Up on What Its ‘Street View’ Cars Collect – Digits – WSJ.

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‘They Can Sue You’: Navigating the Foreign e-Discovery Mine Field | Corporate Counsel

Handling electronic discovery in a foreign country means navigating a mine field of competing legal interests, in-house lawyer Alexander Shapiro told a group of in-house and outside counsel last week.

Shapiro, managing director and senior managing counsel at The Bank of New York Mellon Corporation, spoke at the 2010 spring meeting of the American Bar Association Section of International Law in New York. Prior to joining BNY Mellon, he spent 10 years as a government lawyer, including as an assistant U.S. attorney in New York.

“Private communications in the workplace are a fundamental freedom in Europe,” Shapiro warned. “You have a duty of privacy to your customers in the foreign jurisdiction, and to your employees. They can sue you if you violate it. And some of these foreign laws have criminal provisions.”

One unidentified lawyer in the audience pointed out that in Europe both a company’s in-house lawyer and outside counsel can be charged for violating those laws, as well as the corporation itself.

In addition, Shapiro said some countries have a blocking statute that bars a bank from sending documents out of country for a pretrial proceeding.

So what if you have a U.S. judge demanding discovery of bank documents in Germany? “Your job is to navigate the competing pressures,” Shapiro said. He advised talking to all parties and judges involved, and trying to obtain privacy waivers from employees in a form consistent with local law.

via ‘They Can Sue You’: Navigating the Foreign e-Discovery Mine Field.

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Israel bans imports of Apple’s iPad because of wireless disruption concerns – The China Post

Israel has banned imports of Apple Inc.&’s hottest new product, the iPad, citing concerns the powerful gadget’s wireless signals could disrupt other devices. Customs officials said Thursday they have already confiscated about 10 of the lightweight tablet computers since Israel announced the new regulations this week. The ban prevents anyone — even tourists — from bringing iPads into Israel until officials certify that they comply with local transmitter standards.

The U.S. Federal Communications Commission allows devices with Wi-Fi capability to broadcast at higher power levels than are allowed in Europe and Israel — meaning that the iPad’s stronger signal could throw off others’ wireless connections, Schubert said.

via Israel bans imports of Apple’s iPad because of wireless disruption concerns – The China Post.

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Bahrain’s new ADR centre begins regional campaign in Bahrain and Saudi Arabia | AMEinfo.com

Her Excellency Sheikha Haya bint Rashed Al Khalifa, Chair of the Bahrain Chamber for Dispute Resolution (BCDR-AAA) today announced the launch of the Chamber's five day out-reach campaign in the Kingdoms of Bahrain and Saudi Arabia beginning at the Bahrain Chamber of Commerce and Industry (BCCI) in Manama.

H.E. Sheikha Haya bint Rashed Al Khalifa was joined by Richard Naimark, Senior Vice President of International and Mark Appel, Senior Vice President for Europe, the Middle East and Africa, from the BCDR-AAA’s joint partner, the American Arbitration Association.

The aim of the campaign is to reach out to professional business organisations, lawyers, bankers and engineers in the Kingdoms of Saudi Arabia and Bahrain to promote and attract trade and investment in the region. The BCDR-AAA will be emphasising the importance of a robust legal framework providing commercial organisations with the reassurance they need to conduct their business effectively.

Her Excellency Shaikha Haya Bint Rashed Al-Khalifa said, “The Kingdoms of Saudi Arabia and Bahrain have traditionally shared a very close and special relationship based on a shared vision to preserve and promote the prosperity and commercial growth of the region. I am particularly grateful to the lawyers and business professionals in both Kingdoms for welcoming us so warmly and for co-operating with us to raise the standard of alternative dispute resolution in the region.”

“I am very impressed with the reception we have had from the BCCI today and hope to collaborate with them to support businesses in Bahrain who seek help to resolve their disputes expeditiously and fairly,” she said.

via Bahrain’s new ADR centre begins regional campaign in Bahrain and Saudi Arabia | BCDR-AAA | AMEinfo.com.

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The Triumph of the Ordinary Cellphone – NYTimes.com

Forgotten in the American tumult is a global flowering of innovation on the simple cellphone. From Brazil to India to South Korea and even Afghanistan, people are seeking work via text message; borrowing and lending money and receiving salaries on cellphones; employing their phones variously as flashlights, televisions and radios.

And many do all this for peanuts. In India, Reliance Communications sells handsets for less than $25, with 1-cent-a-minute phone calls across India and 1-cent text messages and no monthly charge — while earning fat profits. Compare that with iPad buyers in the United States, who pay $499 for the basic version, who might also have a $1,000-plus computer and a $100-plus smartphone, and who could pay $100 or more each month to connect these many devices to the ether.

Not for the first time, the United States and much of the world are moving in different ways. American innovators, building for an ever-expanding bandwidth network, are heading toward fancier, costlier, more network-hungry and status-giving devices; meanwhile, their counterparts in developing nations are innovating to find ever more uses for cheap, basic cellphones.

The United States does not share the romance of the phone that prevails elsewhere — even in wealthy Europe. Since returning last year from India, I have been struck by how often calls drop here and surprised that text-messaging, so vital to Indians, has yet to entrench itself in the United States, where so much messaging travels on the Internet.

A recent report by the World Economic Forum and Insead, the French business school, concluded that the United States ranks below 71 other nations in its level of cellphone penetration, even though it leads in other areas of connectivity. Some Americans are not connected at all. But millions of others are beyond the phone, so to speak: they own one; they use it; but they own other devices, too, and the phone is not a be-all and end-all.

But it is from Kenya to Colombia to South Africa that cellphones are becoming the truly universal technology. They are the kind of places that have built cellphone towers precisely to leapfrog past the expense of building wired networks that have linked Americans for a century.

via Currents – The Triumph of the Ordinary Cellphone – NYTimes.com.

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European Body Moves on Privacy Front – NYTimes.com

The European Commission is seeking the right for its citizens to sue in American courts if they believe that airline passenger data transmitted to the United States has been misused — part of a new bid to make protecting privacy compatible with fighting terror.

At a meeting Thursday and Friday in Madrid, the commission also plans to ask the U.S. attorney general, Eric Holder, and Homeland Security secretary, Janet Napolitano, to share similar data about American citizens headed to Europe.

The commission said that any new agreement on data-sharing would have to uphold Europe’s statutory privacy controls. Such an agreement needs to “incorporate high standards for protecting E.U. citizens’ privacy and their right to bring complaints to U.S. courts,” the E.U. justice commissioner, Viviane Reding, said in an e-mail message Tuesday.

Ms. Reding was seeking to publicize the commission’s stance in order to mitigate criticism by the European Parliament and by privacy activists that it has been too ready to accept U.S. standards on privacy in the past, and to demonstrate that it would do more to assert European standards in the future.

“We need a balance between security and justice and a relationship based on real reciprocity,” Ms. Reding said, responding to deepening unease in Europe over the way personal data is used by companies and by governments in the wake of terrorist attacks since Sept. 11, 2001.

via European Body Moves on Privacy Front – NYTimes.com.

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U.S. Trade Policy Nears Zero Hour | National Law Journal

In most matters of international trade, the United States is like a popular seventh-grade girl, surrounded by throngs of admirers and wannabes.

But when it comes to math — specifically a method of calculating duties on certain imports — the United States is eating its lunch alone.

Millions of dollars each year ride on this calculation, known as “zeroing,” which is used by the Commerce Department to determine whether a foreign company is selling goods here at less than fair value. If a company is dumping its products, the U.S. government adds a duty to even out the playing field.

But virtually every one of the World Trade Organization’s 153 member countries objects to how Washington juggles the numbers. The United States has been hit with more than a dozen suits at the WTO challenging zeroing — and lost them all before the trade body’s highest court.

Now, the United States faces the prospect of retaliatory sanctions from the European Union, Japan and Mexico. A WTO arbitrator is currently weighing the first request from Europe to impose $311 million in tariffs, with a decision due as early as next week.

The Obama administration is in an awkward position. If it quits using zeroing, it will trigger the wrath of the domestic industries it benefits — primarily steel makers, but also producers of products ranging from shrimp to ball bearings to plastic bags. If it clings to zeroing in the face of WTO condemnation, American exporters will be punished by sanctions.

The official position from the Office of the U.S. Trade Representative is that Washington “has indicated that it intends to work to bring itself into compliance,” according to a spokeswoman.

via U.S. Trade Policy Nears Zero Hour.

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