Privacy and data protection

US FCC investigates telecom firms over data cap policies

The Federal Communications Commission (FCC) has announced a formal inquiry into the use of data caps by telecom companies. The investigation aims to assess how these caps impact consumers and market competition, particularly in an increasingly connected world.

FCC Chair Jessica Rosenworcel expressed concerns about the effects of limiting internet usage. She pointed out that data caps could harm small businesses by cutting off access to customers, penalise low-income families with additional fees, and limit essential communication tools for people with disabilities.

Rosenworcel noted that, for many Americans, rationing internet use would be unthinkable. However, millions of people across the country constantly face limitations on their data usage, which may hinder their ability to stay connected.

The inquiry is expected to explore whether these caps unfairly limit consumer choice and what impact they have on competition among telecom providers.

NYT issues cease-and-desist to Perplexity over AI content use

The New York Times has issued a cease-and-desist notice to the AI company Perplexity, demanding it halt the use of its content for generating summaries and other outputs. The newspaper claims that Perplexity’s practices violate copyright law, adding to the ongoing tensions between media publishers and AI firms.

The letter from NYT highlighted concerns over how Perplexity continues to use its articles despite promises to stop. Perplexity, which previously agreed to cease using crawling technology, assured it does not scrape data to train models but instead indexes web pages to provide factual citations when responding to user queries.

Perplexity is required to provide details on how it accesses the NYT website by 30 October. The startup has faced similar allegations from other media outlets, including Forbes and Wired, but has since introduced a revenue-sharing programme to address some concerns.

The NYT has taken a strong stance on generative AI, having also sued OpenAI for allegedly using millions of its articles without permission to train its chatbot. The conflict underlines broader worries among publishers about how AI companies are using their content.

DOJ issues warning on trade association Information exchanges

The US Department of Justice (DOJ) has released a significant Statement of Interest, urging scrutiny of surveys and information exchanges managed by trade associations. The DOJ expressed concerns that such exchanges may create unique risks to competition, particularly when competitors share sensitive information exclusively among themselves.

According to the DOJ, antitrust laws will evaluate the context of any information exchange to determine its potential impact on competition. Sharing competitively sensitive information could disproportionately benefit participating companies at the expense of consumers, workers, and other stakeholders. The department noted that advancements in AI technology have intensified these concerns, allowing large amounts of detailed information to be exchanged quickly, potentially heightening the risk of anticompetitive behaviour.

This guidance follows the DOJ’s withdrawal of long-standing rules that established “safety zones” for information exchanges, which previously indicated that certain types of sharing were presumed lawful. By retracting this guidance, the DOJ signals a shift toward a more cautious, case-by-case approach, urging businesses to prioritise proactive risk management.

The DOJ’s statement, made in relation to an antitrust case in the pork industry, has wider implications for various sectors, including real estate. It highlights the need for organisations, such as Multiple Listing Services (MLS) and trade associations, to evaluate their practices and avoid environments that could lead to price-fixing or other anticompetitive behaviours. The DOJ encourages trade association executives to review their information-sharing protocols, educate members on legal risks, and monitor practices to ensure compliance with antitrust laws.

SimpliSafe launches new outdoor monitoring solution

SimpliSafe has launched the Active Guard Outdoor Protection service, enhancing its security offerings with a combination of AI and human monitoring. Priced at $50 per month, this new tier builds on its $32 indoor monitoring plan, providing 24/7 protection for outdoor spaces through advanced surveillance.

The new service relies on the Outdoor Security Camera Series 2, which features an ‘AI for the Familiar Face’ feature. This AI minimises false alarms by identifying known visitors. If an unrecognised person is detected, a human agent is alerted and can intervene by activating lights, triggering a siren, or notifying the authorities.

Executives at SimpliSafe emphasise that human agents retain the final decision-making authority, using AI only as a support tool. Hooman Shahidi, SVP of Product, stated that the company prioritises human judgement and workforce diversity to ensure fair monitoring practices. CEO Christian Cerda noted that while the company explores generative AI, it remains cautious about implementing new technologies.

The Series 2 camera costs $200 and offers HD recording, a 140-degree field of view, and two-way communication. It can be powered by batteries or connected to a power source and is waterproof for outdoor use. SimpliSafe, founded in 2006, operates primarily in the US but has expanded to the UK since 2019.

Microsoft warns of rising cyber threats from nations

A recent Microsoft report claims that Russia, China, and Iran are increasingly collaborating with cybercriminals to conduct cyber espionage and hacking operations. This partnership blurs the lines between state-directed activities and the illicit financial pursuits typical of criminal networks. National security experts emphasise that this collaboration allows governments to amplify their cyber capabilities without incurring additional costs while offering criminals new profit avenues and the security of government protection.

The report, which analyses cyber threats from July 2023 to June 2024, highlights the significant increase in cyber incidents, with Microsoft reporting over 600 million attacks daily. Russia has focused its efforts primarily on Ukraine, attempting to infiltrate military and governmental systems while spreading disinformation to weaken international support. Meanwhile, as the US election approaches, both Russia and Iran are expected to intensify their cyber operations aimed at American voters.

Despite allegations, countries like China, Russia, and Iran have denied collaborating with cybercriminals. China’s embassy in Washington dismissed these claims as unfounded, asserting that the country actively opposes cyberattacks. Efforts to combat foreign disinformation are increasing, yet the fluid nature of the internet complicates these initiatives, as demonstrated by the rapid resurgence of websites previously seized by US authorities.

Overall, the evolving landscape of cyber threats underscores the growing interdependence between state actors and cybercriminals, posing significant risks to national security and public trust.

Kenya strengthens ICT sector through new regulatory framework and ICT Authority Bill 2024

The Kenya Communications Authority (CA) has mandated that all dealers of ICT equipment, including manufacturers, vendors, importers, and service providers, undergo a type approval process before connecting devices to the Public Switched Telecommunication Network (PSTN).

That requirement applies to a wide range of devices, such as smartphones, routers, modems, tablets, vehicle trackers, and other networking equipment, thus ensuring that these products meet national and internationally recognised standards. The directive aims to safeguard consumer health, uphold public interest, secure telecommunications networks within the country and enforce compliance through legal penalties.

Specifically, non-compliance can lead to fines reaching up to Ksh5 million ($38,759) and prison sentences of up to three years for serious infractions, while lesser offences carry penalties of up to Ksh250,000 ($1,937). Furthermore, the CA’s regulations address cybercrime by equipping authorities with the means to detect, prevent, investigate, and prosecute computer-related offences, thereby contributing to a safer digital environment in Kenya.

Additionally, to boost revenue, the Kenyan government plans to block devices imported without proper tax documentation from network activation, specifically targeting phones and other ICT equipment lacking tax records. That move strengthens regulatory control over ICT imports, promoting fair taxation and compliance with local laws.

Moreover, the proposed ICT Authority Bill 2024, introduced in May, will require ICT operators to secure operational licenses, further enhancing the quality, security, and efficiency of ICT services in Kenya. Ultimately, the bill aims to support Kenya’s digital economy and ensure that ICT infrastructure aligns with national development goals.

Panama introduces digital ID and wallet for permanent residents

Panama is embarking on a transformative journey in its digital landscape by establishing Decree 43, which introduces a digital ID for Panamanians and permanent residents to facilitate secure online access to government and private services. The innovative digital ID replicates the information from existing physical identity documents issued by the Electoral Tribunal and provides a modern alternative for verifying identity in digital environments.

Notably, the digital ID will be optional, allowing individuals to choose whether to adopt it, and it will not replace traditional physical identity documents. Furthermore, it will carry the same legal validity as its physical counterpart, ensuring acceptance by all public entities and private companies offering online services.

In addition to the digital ID, the decree also introduces a digital wallet designed to securely store personal documents, such as digital ID, medical history, and resumes. The wallet will be accessible through a mobile application equipped with advanced security measures, including facial and biometric recognition, to protect sensitive information.

The implementation of these initiatives in Panama is set for 10 October 2024, thereby highlighting the government’s commitment to balancing innovation with the rights and preferences of its citizens. Moreover, the digital wallet will allow users to store essential items conveniently in one accessible location.

Why does this matter?

The government aims to enhance the security and convenience of accessing services by providing a streamlined method for managing personal documents. The initiative marks a pivotal moment in Panama’s modernisation of identification processes. By embracing digital solutions, the government promotes a more efficient and user-friendly digital ecosystem for its citizens and sets a precedent for future advancements in digital identity management.

US FCC to implement new rules for robocalls and robotexts

The US Federal Communications Commission (FCC) has announced new rules to enhance consumer protections against unwanted robocalls and robotexts, which are increasingly becoming a nuisance for individuals across the nation. Set to take effect on 11 April 2025, these guidelines will allow consumers to revoke their consent for receiving such communications in ‘any reasonable way.’

Specifically, this includes using automated opt-out mechanisms during calls, replying ‘stop’ to text messages, or visiting a designated website or phone number provided by the caller. Moreover, companies must process opt-out requests within a maximum of 10 business days from receipt, and they can send a one-time confirmation text to acknowledge the opt-out request, provided that it does not contain any marketing content.

These rules are particularly significant for the mortgage industry, which has faced criticism for practices like ‘trigger leads,’ where companies purchase consumer information for solicitation. Consequently, by incorporating the Homebuyers Privacy Protection Act of 2024 into the National Defense Authorization Act, the FCC reinforces its commitment to consumer privacy and trust in the mortgage sector, encouraging companies to adopt ethical marketing strategies.

Overall, these new measures represent significant steps toward empowering consumers and enhancing their overall experience with telecommunications services. Implementing these guidelines holds companies accountable for adhering to updated regulations, ensuring that consumers can effectively manage their communication preferences. The proactive approach addresses consumer concerns and fosters a more transparent and trustworthy environment in electronic communications.

Australia to restrict teen social media use

The Australian government is moving toward a social media ban for younger users, sparking concerns among youth and experts about potential negative impacts on vulnerable communities. The proposed restrictions, intended to combat issues such as addiction and online harm, may sever vital social connections for teens from migrant, LGBTQIA+, and other minority backgrounds.

Refugee youth like 14-year-old Tereza Hussein, who relies on social media to connect with distant family, fear the policy will cut off essential lifelines. Experts argue that banning platforms could increase mental health struggles, especially for teens already managing anxiety or isolation. Youth advocates are calling for better content moderation instead of blanket bans.

Government of Australia aims to trial age verification as a first step, though the specific platforms and age limits remain unclear. Similar attempts elsewhere, including in France and the US, have faced challenges with tech-savvy users bypassing restrictions through virtual private networks (VPNs).

Prime Minister Anthony Albanese has promoted the idea, highlighting parents’ desire for children to be more active offline. Critics, however, suggest the ban reflects outdated nostalgia, with experts cautioning that social media plays a crucial role in the daily lives of young people today. Legislation is expected by the end of the year.

Meta faces lawsuits over teen mental health concerns

A federal judge in California has ruled that Meta must face lawsuits from several US states alleging that Facebook and Instagram contribute to mental health problems among teenagers. The states argue that Meta’s platforms are deliberately designed to be addictive, harming young users. Over 30 states, including California, New York, and Florida, filed these lawsuits last year.

Judge Yvonne Gonzalez Rogers rejected Meta’s attempt to dismiss the cases, though she did limit some claims. Section 230 of US law, which offers online platforms legal protections, shields Meta from certain accusations. However, the judge found enough evidence to allow the lawsuits to proceed, enabling the plaintiffs to gather further evidence and pursue a potential trial.

The decision also impacts personal injury cases filed by individual users against Meta, TikTok, YouTube, and Snapchat. Meta is the only company named in the state lawsuits, with plaintiffs seeking damages and changes to allegedly harmful business practices. California Attorney General Rob Bonta welcomed the ruling, stating that Meta should be held accountable for the harm it has caused to young people.

Meta disagrees with the decision, insisting it has developed tools to support parents and teenagers, such as new Teen Accounts on Instagram. Google also refuted the allegations, saying its efforts to create a safer online experience for young people remain a priority. Many other lawsuits across the US accuse social media platforms of fuelling anxiety, depression, and body-image concerns through addictive algorithms.