Jul 292016
 July 29, 2016  Posted by  Non-U.S.

Chris Finney of Cooley LLP writes:

The European Commission has published a proposal that, if made and brought into force, will amend the 4th Anti-money Laundering Directive (4AMLD) before the Member States are required to transpose it into their national laws.

To the surprise of many, and the horror of some, if the Commission’s proposals are accepted,  it will have the power to formally propose the creation of “a central database registering [virtual currency] users’ identities and wallet addresses …”

Read more on Cooley.

Jul 292016
 July 29, 2016  Posted by  Laws, Non-U.S.

Jonathan Bell reports on developments in Bermuda:

The island’s first information privacy legislation has been passed in the Senate, but is likely to be delayed two years to allow organisations to prepare.

However, a privacy commissioner will soon be enacted, national security minister Jeff Baron told the Upper House, opening the way for public consultation.

The Personal Information Freedom Act covers the use of personal information in electronic and hard-copy form, by all businesses, organisations, charities and government departments. Mr Baron said it would make the island “attractive to businesses wishing to locate from both sides of the Atlantic”.

Read more on The Royal Gazette.

Jul 292016
 July 29, 2016  Posted by  Laws

Eugene Volokh writes:

California Penal Code § 530.5(a) provides that it is a crime to “willfully obtain[] personal identifying information … of another person” and use it “for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person.” “Personal identifying information” means “any name, address, telephone number” or one of many other identifying items (such as Social Security number, bank account number, and the like). And “person” covers not just individuals but also “any other legal entity,” including corporations.

Now you might think that this is a statute aimed at identity theft — i.e., impersonating someone to get credit, goods or services. And the statute is even called the California “identity theft” statute. But it is, oh, so much more! As California courts have read its terms, the statute

  1. reinvents criminal libel law (California’s criminal libel was repealed in 1986)
  2. makes it a crime to commit the tort of disclosure of private facts, so long as the disclosure uses a person’s name,
  3. makes it a crime to commit the tort of interference with contract, so long as the defendant’s actions used a person’s or business’s name,
  4. makes it a crime to infringe a person’s right of publicity,
  5. and likely much more.

Pretty surprising — it surprised me. But that’s the logical implementation of how California courts have read the statute.

Read more on Washington Post.

Jul 282016
 July 28, 2016  Posted by  Business, Govt, Surveillance, U.S.

Joe Cadillic writes:

According to a NYC. gov page, CityBridge was chosen in 2014 to offer free private Wi-Fi to NYC residents. CityBridge is a consortium of companies that includes IntersectionQualcomm, and CIVIQ Smartscapes – to develop and operate the LinkNYC network. (the above pic. shows one of two surveillance cameras)

These kiosks, called ‘Links,’ will provide the public with a fast, private Wi-Fi networkproviding free domestic calling, two USB charging ports, a tablet for accessing the internet, and a red 911 button to contact emergency services. New York city plans on installing nearly10,000 spying kiosks.

Read more on MassPrivateI.