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Copyright 2010 1 Roger Clarke, Xamax Consultancy, Canberra Visiting Professor in Computer Science, ANU and in Cyberspace Law & Policy, UNSW Chair, Australian.

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Presentation on theme: "Copyright 2010 1 Roger Clarke, Xamax Consultancy, Canberra Visiting Professor in Computer Science, ANU and in Cyberspace Law & Policy, UNSW Chair, Australian."— Presentation transcript:

1 Copyright Roger Clarke, Xamax Consultancy, Canberra Visiting Professor in Computer Science, ANU and in Cyberspace Law & Policy, UNSW Chair, Australian Privacy Foundation, Member, Advisory Board, Privacy International, Human Choice & Computers Brisbane, 21 September {.html,.ppt} Civil Society Must Publish Standards Documents

2 Copyright Civil Society Standards Documents Agenda Standards Documents The Politics of Standards Exemplars CCTV PPS eMarketing Benefits Prospects

3 Copyright Origins of Standards Documents International Telecommunications Union (ITU, since 1865) Institute of Electrical and Electronics Engineers (IEEE, since 1884/1912/1963) Engineering Professions, esp. Construction

4 Copyright Origins of Standards Documents International Telecommunications Union (ITU, since 1865) Institute of Electrical and Electronics Engineers (IEEE, since 1884/1912/1963) British Standards Institution (BSI, since 1901) American National Standards Institute (ANSI, since 1916) Deutsche Industrielle Normen (DIN, since 1917) Standards Australia (SA, since 1922) Engineering Professions, esp. Construction

5 Copyright Origins of Standards Documents International Telecommunications Union (ITU, since 1865) Institute of Electrical and Electronics Engineers (IEEE, since 1884/1912/1963) International Organization for Standardization (ISO, since 1947) Internet Engineering Task Force (IETF, since 1986/1992) British Standards Institution (BSI, since 1901) American National Standards Institute (ANSI, since 1916) Deutsche Industrielle Normen (DIN, since 1917) Standards Australia (SA, since 1922) Engineering Professions, esp. Construction

6 Copyright From Technical Standards To Process Standards / Management Standards ISO 9000 Quality (Assurance) Family, since 1987 BSI ==>> ISO ISO Risk Assessment and Management ISO/IEC Information Security Family ISO Complaints Handling SA ==>> ISO

7 Copyright From Technical Standards To Process Standards / Management Standards ISO 9000 Quality (Assurance) Family, since 1987 BSI ==>> ISO ISO Risk Assessment and Management ISO/IEC Information Security Family ISO Complaints Handling SA ==>> ISO Strong Emphasis on Process Audit

8 Copyright From Technical Standards To Process Standards / Management Standards ISO 9000 Quality (Assurance) Family, since 1987 BSI ==>> ISO ISO Risk Assessment and Management ISO/IEC Information Security Family ISO Complaints Handling SA ==>> ISO Strong Emphasis on Process Audit Very Limited Output / Outcomes Audit

9 Copyright The Politics of Standards Institutionalisation and Scale Influence = ƒ( Meritocracy / Technocracy ) From Volunteer Professionals To Corporations, Government Agencies, Industry Associations

10 Copyright The Politics of Standards Institutionalisation and Scale Influence = ƒ( Meritocracy / Technocracy ) From Volunteer Professionals To Corporations, Government Agencies, Industry Associations Consumers / Citizens / Reps / Advocates ? Influence from muted to nil, due to: Dominance of Meritocracy/Technocracy Dominance of Corporate Power Limited Resources for Analysis, Travel

11 Copyright The Form of Process Standards Aspirational Loose principles Diffuse declarations Motherhead statements The organisation is to set targets for the speed of response to complaints

12 Copyright The Form of Process Standards Aspirational Loose principles Diffuse declarations Motherhead statements The organisation is to set targets for the speed of response to complaints Constructive and Specific Action-oriented Precise Acknowledge complaint within 30 minutes of receipt Respond substantively within 2 working days Respond fully within 2 days / 1 week / 3 weeks, depending on complexity

13 Copyright Exemplar – CCTV

14 Copyright APF Policy Statement re CCTV Key Features Declaration of Scope Declaration of Principles Select Bibliography Guidelines Evaluations Resources

15 Copyright APF Policy Statement re CCTV Key Features Declaration of Scope Declaration of Principles Select Bibliography Guidelines Evaluations Resources 1.Justification 2.Proportionality 3.Openness 4.Access Security 5.Controlled Use 6.Controlled Disclosure 7.Controlled Publication 8.Cyclical Destruction 9.Review 10.Withdrawal

16 Copyright Principle 1. Justification Because visual surveillance is highly privacy-invasive, a Privacy Impact Assessment (PIA) must be conducted before a scheme is commenced or significantly changed A PIA involves publication of a clear explanation, demonstrating that it is expected on reasonable grounds to have positive benefits sufficient to justify its intrusiveness, followed by public consultation The explanation must be based on evidence and systemic reasoning, and not merely rely on assertions The justification must make clear what less privacy-invasive alternatives have been considered, and why they are inadequate

17 Copyright Exemplar – Privacy Policy Statements

18 Copyright Some Sites That Use the Template Association for Information Systems – Deacro Industries Ltd. – Delta Research Digital Productions – Ghost Tours Pty Ltd – K1P1 Knitting Yarns – Kara Nursery – Orange Space [subject to a Malware Warning...] Serverus – Tactile Books – Time Merchants Emporium – World Hospitality Partners – Zap Technology –

19 Copyright Some Sites That Use the Template Association for Information Systems – Deacro Industries Ltd. – Delta Research Digital Productions – Ghost Tours Pty Ltd – K1P1 Knitting Yarns – Kara Nursery – Orange Space [subject to a Malware Warning...] Serverus – Tactile Books – Time Merchants Emporium – World Hospitality Partners – Zap Technology – live-person hits per month

20 Copyright

21 Copyright

22 Copyright Exemplar – eMarketing Information Terms of Contract Security Choice Consent Recourse Redress A Normative Template for Marketer-Prosumer Communications

23 Copyright

24 Copyright

25 Copyright Exemplar – Australian Privacy Charter

26 Copyright Civil Society Standards Documents Benefits An alternative voice to the documents that are published by and for industry, and by and for governments A counter-balance to the power of industry and governments An antidote to civil society's exclusion / weak voice in industry standards processes

27 Copyright Civil Society Standards Documents Benefits An alternative voice to the documents that are published by and for industry, and by and for governments A counter-balance to the power of industry and governments An antidote to civil society's exclusion / weak voice in industry standards processes Public Expectations: Articulated Communicated Available in Advance Benchmarks: Established Applied by Civil Society Applied by Others

28 Copyright Civil Society Standards Documents Benefits An alternative voice to the documents that are published by and for industry, and by and for governments A counter-balance to the power of industry and governments An antidote to civil society's exclusion / weak voice in industry standards processes Public Expectations: Articulated Communicated Available in Advance Benchmarks: Established Applied by Civil Society Applied by Others Protection of the public from badly conceived projects Assurance for investments both public and private

29 Copyright Prospects for Civil Society Standards National NGOs ==>> International NGOs ==>> National Standards Orgs ==>> Intl Standards Orgs

30 Copyright Prospects for Civil Society Standards National NGOs ==>> International NGOs ==>> National Standards Orgs ==>> Intl Standards Orgs Choice ==>> SA ==>> FCO, CI ==>> ISO

31 Copyright Prospects for Civil Society Standards National NGOs ==>> International NGOs ==>> National Standards Orgs ==>> Intl Standards Orgs Choice ==>> SA ==>> FCO, CI ==>> ISO APF ==>> SA ==>> PI ==>> ISO

32 Copyright Prospects for Civil Society Standards National NGOs ==>> International NGOs ==>> National Standards Orgs ==>> Intl Standards Orgs Choice ==>> SA ==>> FCO, CI ==>> ISO APF ==>> SA ==>> PI ==>> ISO ISOC-AU >> ISOC ==>> IETF

33 Copyright Civil Society Standards Documents Agenda Standards Documents The Politics of Standards Exemplars CCTV PPS eMarketing Benefits Prospects

34 Copyright Roger Clarke, Xamax Consultancy, Canberra Visiting Professor in Computer Science, ANU and in Cyberspace Law & Policy, UNSW Chair, Australian Privacy Foundation, Member, Advisory Board, Privacy International, Human Choice & Computers Brisbane, 21 September {.html,.ppt} Civil Society Must Publish Standards Documents


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