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As EU privacy law looms, debate swirls on cybersecurity impact
By Rob Lever
Washington (AFP) May 22, 2018

Activist groups launch campaign to break up Facebook
Washington (AFP) May 21, 2018 - A coalition of activist groups on Monday announced a campaign to break up Facebook, arguing that the huge social network "has too much power over our lives and democracy."

The groups created a website, and a Facebook page, to garner support for a petition to the US Federal Trade Commission to require the social media firm to spin off Instagram, WhatsApp and Messenger into competing networks, and to "impose strong privacy rules."

The effort was launched by a handful of groups focusing on digital rights, privacy and other social causes.

"Facebook and Mark Zuckerberg have amassed a scary amount of power," the groups said on their website.

"Facebook unilaterally decides the news that billions of people around the world see every day. It buys up or bankrupts potential competitors to protect its monopoly, killing innovation and choice. It tracks us almost everywhere we go on the web and, through our smartphones, even where we go in the real world."

The effort comes with Facebook under fire in the US and elsewhere over the hijacking of private user data on some 87 million users, adding to concerns on how internet platforms were manipulated to spread misinformation during the 2016 US election.

Responding to the campaign, a company spokesman said Facebook "is in a competitive environment where people use our apps at the same time they use free services offered by many others."

The spokesman said in an emailed statement that "the average person uses eight different apps to communicate and stay connected."

Chief executive and founder Mark Zuckerberg told a US congressional panel last month that it "doesn't feel like" Facebook is a monopoly.

Facebook has an estimated two billion users worldwide, and its Messenger and Whatsapp messaging services each have more than one billion.

Any breakup would require a lengthy investigation by US authorities and a potentially long court battle as well.

The latest campaign was launched by the activist organizations Demand Progress, MoveOn, and SumOfUs, along with the groups Citizens Against Monopoly, Jewish Voice for Peace and Muslim Grassroots Movement.

It comes as Zuckerberg prepared to appear before European Parliament members to answer questions on the data scandal involving Cambridge Analytica, which obtained Facebook user data while working on the 2016 Donald Trump campaign.

Days ahead of the implementation of a sweeping European privacy law, debate is swirling on whether the measure will have negative consequences for cybersecurity.

The controversy is about the so-called internet address book or WHOIS directory, which up to now has been a public database identifying the owners of websites and domains.

The database will become largely private under the forthcoming General Data protection Regulation set to take effect May 25, since it contains protected personal information.

US government officials and some cybersecurity professionals fear that without the ability to easily find hackers and other malicious actors through WHOIS, the new rules could lead to a surge in cybercrime, spam and fraud.

Critics say the GDPR could take away an important tool used by law enforcement, security researchers, journalists and others.

The lockdown of the WHOIS directory comes after years of negotiations between EU authorities and ICANN, the nonprofit entity that administers the database and manages the online domain system.

ICANN -- the Internet Corporations for Assigned Names and Numbers -- approved a temporary plan last week that allows access for "legitimate" purposes, but leaves the interpretation to internet registrars, the companies that sell domains and websites.

Assistant Commerce Secretary David Redl, who head the US government division for internet administration, last week called on the EU to delay enforcement of the GDPR for the WHOIS directory.

"The loss of access to WHOIS information will negatively affect law enforcement of cybercrimes, cybersecurity and intellectual property rights protection activities globally," Redl said.

Rob Joyce, who served as White House cybersecurity coordinator until last month, tweeted in April that "GDPR is going to undercut a key tool for identifying malicious domains on the internet," adding that "cyber criminals are celebrating GDPR."

- Negative consequences? -

Caleb Barlow, vice president at IBM security, also warned that the privacy law "may well have negative consequences that, ironically, run contrary to its original intent."

Barlow said in a blog post earlier this month that "cybersecurity professionals use (WHOIS) information to quickly stop cyberthreats" and that the GDPR restrictions could delay or prevent security firms from acting on these threats.

James Scott, a senior fellow at the Washington-based Institute for Critical Infrastructure Technology, acknowledged that the GDPR rules "could hinder security researchers and law enforcement."

"The information would likely still be discoverable with a warrant or possibly at the request of law enforcement, but the added anonymization layers would severely delay" the identification of malicious actors.

Some analysts say the concerns about cybercrime are overblown, and that sophisticated cybercriminals can easily hide their tracks from WHOIS.

Milton Mueller, a Georgia Tech professor and founder of the Internet Governance Project of independent researchers, said the notion of an upsurge in cybercrime stemming from the rule was "totally bogus."

"There's no evidence that most of the world's cybercrime is stopped or mitigated by WHOIS," Mueller told AFP.

"In fact some of the cybercrime is facilitated by WHOIS is because the bad guys can go after that information too."

Mueller said the directory had been "exploited" for years by commercial entities, some of which resell the data, and authoritarian regimes for broad surveillance.

"It's fundamentally a matter of due process," he said.

"We all agree that when law enforcement has a reasonable cause, they can obtain certain documents, but WHOIS allow unfettered access without any due process check."

- No delays -

Akram Atallah, president of ICANN's global domains division, told AFP the organization had tried unsuccessfully to get an enforcement delay from the EU for the WHOIS directory to work out rules for access.

The temporary rule will strip out any personal information from WHOIS directory but allow access to the data for "legitimate" purposes, Atallah noted.

"You will need to get permission to see the rest of the data," he said.

That means the registrars, which include companies that sell websites like GoDaddy, will need to determine who gets access or face hefty fines from the EU.

ICANN is working on a process of "accreditation" to grant access, but was unable to predict how long it would take to get a consensus among the government and private stakeholders in the organization.

Matthew Kahn, a Brookings Institution research assistant, said the firms keeping the data are more likely to deny requests rather than face EU penalties.

"With democracies under siege from online election interference and active-measures campaigns, this is no time to hamper governments' and security researchers' abilities to identify and arrest cyber threats," Kahn said on the Lawfare blog.


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