Privacy Regulation

Privacy Regulation

I wrote a little piece on my linkedin blog on the EU Commission’s proposal to agree a data “adequacy” agreement. I point out the next set of hurdles, although I downplay the likelihood of any intervention by the CJEU but note that not was critical in striking down the original EU/US “Safe Harbour” agreement. I note that one threat to its renewal at the end of its four year live is the desire and plans of the British Govt to depart from the current legal protections which are based on the EU’s GDPR.

Issues of state surveillance, the European Council’s Convention 108 and the Human Rights act are all engaged. We’ll probably get it, but for it to be renewed, we’ll have to remain aligned with the GDPR & C108. The right to seek judicial redress by EU citizens may become important as it is a point of contention between the EU & US over the Privacy Shield.

One indicator of a desire for divergence is the advert for the role of Information Commissioner, which asks for,

The Government’s National Data Strategy sets out its ambition for the UK’s pro-growth and trusted data regime, one that helps innovators and entrepreneurs to use data responsibly and securely, without undue regulatory uncertainty or risk, …

cabinetoffice.gov.uk

This has been picked up by the Open Rights Group, who are asking people to write to their MPs, we need an independent Privacy Regulator.

The retreat from the promise of the GDPR is not just a UK phenomenon, across Europe pro-business politicians are beginning to say that it’s too onerous. It’s a shame we’re out, our voices no longer count …

How to rejoin the EU

How to rejoin the EU

This is the treaty obligation on the EU that governs entry into the EU. It’s Article 49 of the Treaty on European Union.

Any European State which respects the values referred to in Article 2 and is committed to promoting them may apply to become a member of the Union. The European Parliament and national Parliaments shall be notified of this application. The applicant State shall address its application to the Council, which shall act unanimously after consulting the Commission and after receiving the consent of the European Parliament, which shall act by a majority of its component members. The conditions of eligibility agreed upon by the European Council shall be taken into account.

The conditions of admission and the adjustments to the Treaties on which the Union is founded, which such admission entails, shall be the subject of an agreement between the Member States and the applicant State. This agreement shall be submitted for ratification by all the contracting States in accordance with their respective constitutional requirements.

Article 49 Treaty on the EU

Might come in useful sometime soon. …

Where’s Labour on the future deal with the EU.

Where’s Labour on the future deal with the EU.

While most attention is on the Govt’s response to the pandemic, and while expecting a reimposition of the lockdown, the second part of the the triple whammy is the looming end of the Brexit Transition agreement. What are Labour doing? Certainly not making so much noise. Here’s the FT on Kier Starmer’s response, which it headlines as “Getting Brexit Done!” on the basis of his speech to the TUC. Labour’s front bench spokesperson on Brexit is Rachel Reeves, who now it seems doesn’t really want to speak about it. While Starmer seems keen to ensure a visibly effective performance in Parliament, which seems to be paying off in the polls, as Labour draws even at 40%, it requires the acquiescence of the press to break through and both Reeves and Starmer were outshone by Ed Miliband in opposing the 2nd reading of the Internal Market Bill. Too much of Labour’s parliamentary attack position is based on competence, the failure of the Tories to meet their own goals without even addressing the issues of cronyism and accountability or more importantly of a vision of how things could be better.

But then the Remain campaign has disappeared, (or the Guardian’s view if you prefer), giving some on Labour’s Left, the evidence they always wanted that the Remain campaign was an anti-corbyn trojan horse. Not for me! But Parliament has voted to allow the Govt. to negotiate the trade deals without asking Parliament to agree, and the Govt. refused to ask for a transition extension despite the CV19 pandemic. These are both opportunities missed.

If we get a deal, it’s going to be pretty shit.  …

Reasons to Remain (again)

Reasons to Remain (again)

I am arguing again with comrades in the Labour Party about Brexit and have looked at two pieces of evidence calling for Labour to become a full on Remain Party. Paul Mason has written another piece, this time in the New Statesman, “Without a transformation on Brexit, Labour’s election chances are dead”, and on statsforlefties, who writes a blog mainly on psephology. They have both changed their mind and argue that Labour must now  support Remain. Mason deals with the politics of Remain and Party unity, calls out the fractures in the Labour Parties internal coalition and the short and long-term electoral issues. statsforlefties argues about short term electoral issues. (I might write a review on Mason’s article, but it’s not long, so I suggest you read it in full; I have mirrored it here.)

I present my argument below, it was in reply to someone who had used deaths in refugee camps and the proposed appointment of Von der Leyden as President of Commission as reasons for sticking with a Leave position. I attempt as I have usually done to distinguish between true believers and those who just think ambiguity is electorally expedient.

We all accept that the EU is not perfect; if we’d done better last month, it’s possible that Timmermans would be candidate for President of the Commission and not Von der Leyen. For those for whom triangulation and winning towns in the North is key, it is getting to the position where neither Leave nor Constructive Ambiguity can enable Labour to win and that pursuing Leave seriously jeopardises our ability to be single largest party. The Party has a choice of pissing off Leavers or Remainers, and we can’t win without the Remainers, in fact it would seem that we can’t be the largest party without the Remainers.

I assume you will vote to Leave in the next referendum dreaming for the ability to build socialism in one country, thus leaving the refugees in Libya and Lesbos to the mercy of an organisation you despise and will no longer be able to influence.

I can think of nothing more I might say that will persuade you of the overwhelming justice and solidarity in the case for Remain. Leaving is a right wing project, there’s no socialism at the end of Johnson & Farage’s project and being seen to support leave looks like it will kill us before the 31st Oct, but if we are seen to facilitate it, it will kill the Labour Party and the Left in this country for a generation.

I am so tired of it, as a Party we must unite to build a better world; I am tired of the dishonesty and fantasy of true believer Lexiters. (I distinguish between those and the triangulators, but they need to make their mind up too.)

There is no economic benefit to leaving, the EU’s democracy and rule of law is superior to ours and citizenship rights inc. freedom of movement are better within the EU and this is all before we talk of building a peaceful and democratic ever closer union of peoples. But whenever we discuss this with you, you counter democracy with economics, you counter the economics with allegations of being anti-refugee, you ignore freedom of movement and migrants’ rights or even argue that migration is not in the interests of the British working class and you ignore the allegation that you are supporting the worst of the right in our country. (I have never accused you or any Lexiters of being Putin’s fools & puppets, but it’s beginning to look that way.) This is not the behaviour of comrades.

Von der Leyden is not appointed the President yet, but if she gets it, it’ll because the racists and enemies of democracy in Eastern Europe & Italy got their revenge on the man and movement that called out their racism and autocracy. He and they/we stood by the first rule of the EU, to belong you must be a democracy, with an independent rule of law. This is a fight that everyone who ignored and subverted our appeal in the European Elections (and I would include those whose behaviour corrupted the selection process) is on the wrong side of history.

  …

And in Brussels

We may get our first Socialist President of the Commission since Delors who left office in 1995. (Actually, if playing trivial pursuit, you might get bonus points for saying that that Manuel Marin of the PSOE was the last socialist President of the Commission since he played this role after the European Parliament sacked the Santer Commission in 1999.) It’s not something that you get to read about at the moment, that the EP confirms Commissioner appointments and can sack them. …

British Steel

Our minds have been distracted or mine has anyway, but British Steel became insolvent last week. Of course a huge blame game is started. Have the Chinese been ‘dumping’ steel on the rest of the world? Could the Govt. or the EU have protected it? Did the single market aid rules stop the Govt doing so?

Is China dumping? This article at the Conversation says “Yes”, big time!

This article at fullfact.org, “Is the UK calling for EU duties for Chinese steel?” deals with next three questions. The EU have raised duties but for many years the UK Government has been resisting more; they wished to avoid retaliation and for ideological reasons. There’s probably some “don’t give a shit” there too. It would seem that this is another policy area where New Labour failed to support its natural people.

The calls for renationalisation are now, rightly growing …

You might be able to vote for me

Yesterday, I applied to be one of Labour’s candidates for election as an MEP in London.

In London, we need to remain aware of London’s vote to Remain in the EU and the criticality of getting the citizenship terms in the withdrawal agreement right to meet the needs of resident EU citizens and their families. I support Labour’s policy of Remaining if the departure terms are inadequate.

I voted Remain, and have since then argued that Leaver’s should negotiate the terms of exit they think are right and then ask us again if that is what we meant. I believe that Remaining in the EU is better for the people of this country than leaving on May’s terms (or on no terms). I have argued elsewhere in this blog that leaving the EU is either Catastrophic or Pointless. I oppose austerity, racism and climate change. I am a socialist and I voted for Jeremy Corbyn as Leader in 2015 and 2016, and Dianne Abbot in 2010.

I am aware that under Labour’s rules, I am unlikely to get a place on the slate that would lead to me being elected, but I am passionate in my desire to make the case for Labour in this election.  Should I be elected, I would hope to be part of a Labour Group that argues against austerity and look to work particularly with the SPD to move Labour’s allies in Europe towards an economy that work “for the many and not the few”.

 

Our manifesto needs to address the short-term issues of whether we quit the EU or Remain, racism & immigration policy and also the longer-term issues of investment, austerity and climate change.

My professional and trade union experience are a great basis for being an MEP, which is one of the most demanding public offices that Labour seeks election to. My IT industry knowledge is applicable to many areas of EU competence as society seeks to build a democratic regulatory environment to live with the datenkraken.

From 2008 to 2009, I served on NESSI, the EU’s investment incubator for the EU’s R&D grants for internet and computing. (If elected and should we remain, I would hope to help business, education institutes and local authorities improve their bidding capability for this money.) I became one of the authors of the EU’s software industry strategy. This public service reminded me of the good that public policy can do.

I am currently a Branch President in the GMB. The bulk of my work is personal case work and acting as an accompanying rep. I am a trained workplace rep and am experienced in negotiating and have knowledge of employment law. This also requires high levels of empathy and the ability to listen. In the ’80s, I was part of a leadership of work place branch I organised strike action as part of national pay campaigns and other solidarity action with the Civil Service trade unionists derecognised at GCHQ and with the Miners.

My working time in the Civil Service taught me about how to manage and participate in the policy to execution cycle, a critical skill in public policy and service delivery.

I have an Economics degree and am a member of the Royal Economics Society.

I have lived and/or worked in London nearly all my life. I have been a member of five London CLPs over that time, both North and South of the River and in both inner and outer London. I have been a member and activist in four Unions (CPSA, SCPS, APEX & GMB), and remain an active Trade Unionist. All of this has allowed me to meet and learn from the diverse populations across London.

I am just an ordinary working person, I have worked all my life and since 1986 in the private sector, I have known the fear of unemployment and been unemployed. I have experienced the struggle to get my kids well educated and into secure work; I have been a lifelong user of the NHS.

I can represent ordinary Londoners because I am one.

ooOOOoo

Short Link: https://wp.me/p9J8FV-1MF …

A giant juke box

A giant juke box

This (European) Commission and Parliament must be the worst ever. Previous Parliaments have stopped ACTA & TTIP, previous Commissions have sanctioned Microsoft and Intel but it seems that this regime is going to commit two huge mistakes in regulating the new techno-economy.

The European Council has made the proposed Copyright Directive even worse! The link tax and the upload filters are still in place but the protections for authors and researchers have been weakened. The duties on social media sites with respect to licensing material are onerous to the extent of impossibility but then the law was always designed to transfer money from the datenkraken to legacy publishing businesses and turn the internet into a commercial jukebox. It’s so poor that despite,

As the entertainment industry representatives have said repeatedly during this fight, they are after nothing less than a fundamental reshaping of the Internet, where our ability to use networks for employment, family, civics, politics, education, collaboration, romance, and all the other purposes we put them to are subordinated to the use of the Internet as a glorified jukebox and video-on-demand service — where killing every EU competitor to U.S. Big Tech is an acceptable price to pay if it means transferring a few points to Big Content’s balance sheet. corydoctorow @eff

even the music companies now no longer want this law as it is.

The other piece of legislation is the Public Sector Information (PSI) Directive in which the Government’s have weaked the principle that public money buys public domain. For more see Glyn Moody on Tech Dirt, EU’s New ‘Open By Default’ Rules For Data Generated By Public Funding Subverted At The Last Minute.

Julia Reda, the Euro Pirate Party MEP writes on how to stop the Copyright Directive and points that the final votes in the Parliament will take place in the run-up to the Parliamentary elections. Not sure if the UK is taking part in them, or if there will be a selection for the candidates in the Labour Party, there wasn’t in 2012, they forgot, but I shall be writing to the Labour MEPs asking them to vote to support freedom of speech and a free internet.

You might want to too! …

More on the Copyright Directive

I need to thank the Register for publishing this article, “Looming EU copyright rules – tackling Google news article scraping, installing upload filters – under fire from all sides“. It’s written from their seemingly normal editorial line of, how shall we put it, “Copyleft Scepticism”. I am usually on the other side of this debate, but the language in this article is less offensive than usual. Actually it reminded me of a couple of issues which to me have dropped below the horizon, partly because whenever new tech. competes with old media the people who get lost and forgotten are citizens and users. In this article, below/overleaf I write about some of the less obvious side effects of the Link Tax, the cost of Licensing content for small users, question why we permit copyright protection for news, the corollary of weak fair use laws,  the corollary of the economics of upload filters, and the impact of the growing unpopularity of Google. I published my diatribe on the bad economics and moral vacancy of the copyright business in on this blog in a post entitled, “A failure to serve Fans”. This article is meant to be a bit more targeted and a bit off-piste. … …

Democracy in the EU and the Trilemma

While writing up the last article, I also looked at “Labour’s Brexit trilemma: in search of the least bad outcome” on the Open Democracy web site. It refers to Rodrik’s trilemma., which was designed to examine the Bretton Woods currency regulations and the international trade regime it spawned.  I have marked up the first of these article with what I think are the interesting bits on diigo which can be viewed here. The OD article adopts the trilemma and sees a Lexit option as maximising (national) democracy and national control of economic policy and poses it against a “remain and reform” position which it argues maximises economic integration.

My biggest problem with the trilemma, which was designed to describe the Bretton Woods global currency regime is that it seems to believe that the UK’s democracy is superior to that of the EU. Within the EU, British Citizens are protected by the Charter of Fundamental Rights and EU’s Court, which as I an others have mentioned is chock full of the children of the opponents of fascism and Stalinism. It is also a republican construct without a House of Lords, without First Past the Post and without a hereditary Head of State. The people elect the European Parliament, the biggest party in the Parliament nominates the President of the Commission, the members of the Council and Commission are nominated by member state governments and the latter are confirmed and can be removed by the Parliament.

The Open Democracy article, also asks some tough questions of the Lexiters, not the least important being what makes you think that a more independent UK can manage Capital and the economy more effectively; it is clear that the Bexiters in the Tory Party don’t believe this. It also points the impossibility of being independent; the WTO places constraints on Trade Policy and if we want to sign a Trade Agreement with the EU, most of their same red lines will exist. …