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April 2018
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Lauren Fry Rejoins Simulmedia

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Lauren Fry Rejoins Simulmedia in new Position ofVP Customer Success and Business Analytics.Becomes Third Senior Executive to Return to Streaking Data-Targeting National TV Company. Simulmedia, a company focusing on data-optimized national TV campaigns that deliver superior performance for major brands, today announced that Lauren Fry (pictured left) has rejoined the company in the new Position […]The post Lauren Fry Rejoins Simulmedia appeared first on Adotas.

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posted at: 12:00am on 12-Apr-2018
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Ooyala & MPP Global Team Up for Video Revenue; Fyber Enriches Audience Vault; Connektand Verance Partner on End-to-EndATSC 3.0 AdvertisingSolutions

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Ooyala and MPP Global Team Up to Increase Worldwide Video Revenue for Clients MPPGlobal, the provider of eSuite, the world's smartest subscription platform, andOoyala, a leading provider of software and services that simplify the complexity of producing, streaming and monetizing video, announce their worldwide partnership to bring a suite of services for broadcasters, operators and […]The post Ooyala & MPP Global Team Up for Video Revenue; Fyber Enriches Audience Vault; Connektand Verance Partner on End-to-EndATSC 3.0 AdvertisingSolutions appeared first on Adotas.

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posted at: 12:00am on 12-Apr-2018
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Canadian Government Leaning Towards A Right To Be Forgotten It Can Enforce Anywhere In The World

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It looks as though the "Right to Be Forgotten" will be crossing the Atlantic and setting up shop just north of the United States. The Canadian Privacy Commissioner has already stated existing Canadian privacy laws allow for this, but there's been no statutory adoption of the Commissioner's theory.The idea that Canadians should join their European counterparts in being able to selectively erase personal information continues to be pushed by the Privacy Commissioner. Speaking at a recent conference in Toronto, Privacy Commissioner Daniel Therrien reiterated his belief Canadians should be offered this dubious "right."

Therrien said he continues to support the concept of “the right to be forgotten” — which has been adopted in other jurisdictions through the European Union’s General Data Protection Regulation.“[I]nformation about individuals is much easier to find with the internet, thanks to search engines and other functions. The information that is found will often be taken out of context. It is easily replicable and is very difficult to delete,” said Therrien.“All to say that information that went to reputation before the internet, that may be information known to a small circle of people, with the internet, is now potentially known to many, many people. Out of context, that information may be inaccurate and, moreover, may create real consequences for people. Reputation matters.”
Reputation does matter. That's the problem with the RTBF. While there are legitimate uses, there are also plenty of people willing to abuse it to obtain an unearned reputation. Fortunately, this abuse is routinely called out by press outlets hit with RTBF requests to delete unfavorable coverage or criticism.The Privacy Commissioner's pitch continues and the Canadian Parliament seems amenable to the idea. The committee handling privacy, information access, and ethics has issued a report nudging the Canadian government towards the adoption of the Right to Be Forgotten. But its conclusions are somewhat contrary to the Privacy Commissioner's assertions. The committee likes the idea but points out these protections are not built into Canada's existing privacy laws.
The Committee’s first finding in this regard was that when online reputational damage occurs in the context of personal relationships rather than commercial transactions, PIPEDA does not apply (since the latter only applies to the collection, use and disclosure of personal information in a commercial context).   Moreover, the Committee noted that the Criminal Code treats a number of related offences, such as regards the publication of intimate images without consent. Accordingly, the Committee clarified that the scope of their analysis was limited to the protection of privacy and online reputation in the context of commercial transactions.
With this, the committee appears to believe it can amend PIPEDA to include a "right to be forgotten," but one more expansive than the European model. According to this, it would appear to cover things like revenge porn.
As regards the right to erasure, the Committee noted that PIPEDA does not expressly contain such a right, although the principles of “consent”, “limited retention” and “accuracy” may be applied in some instances to give effect to a limited right of erasure in certain circumstances.For example, according to Principle 4.3.8 of Schedule 1 to PIPEDA, an individual has the right to withdraw consent to the collection, use and disclosure of his/her personal information. If this is then combined with the limited retention principle, pursuant to which an organization may only retain personal information for so long as it is necessary for the fulfilment of the purposes for which it was collected, then (in some circumstances) an individual may successfully argue that, upon withdrawal of their consent, the organisation that holds their information should destroy it.[...]In this context, several of the Committee witnesses argued that PIPEDA should be amended to create a more comprehensive right of erasure (to address situations of cyberbullying or revenge porn, for example) that would be similar in scope to the right of erasure found in the GDPR.
It's not that revenge porn and cyberbullying should be ignored. It's more of a question whether amending the law will fix the problem without a lot of collateral damage. Fortunately, some of the committee members have expressed this exact concern, noting the potential PIPEDA amendments would likely adversely affect Canadian freedom of expression.Unfortunately, there's a larger problem that's not discussed in the report: the recent Equustek decision. In this lawsuit, Canada's top court declared delisting orders issued in Canada were valid worldwide. Google challenged this decision in the US (Equustek did not make an appearance), obtaining a judgment finding the Canadian decision could not be applied extraterritorially. The committee believes the ruling could be read as covering personal information, not just trade secrets (which were central to the Equustek case). It also appears to indicate that any delisting requests can be enforced worldwide, no matter where the recipient of the order resides.Further, the committee apparently believes the tech companies that will be delisting info aren't properly equipped to evaluate the public's interest in removal/non-removal when handling requests. This suggests the Canadian government may take a more hands-on approach if it decides to create a Right to Be Forgotten. Fortunately, some of the committee comments suggest they fear over-compliance rather than under-compliance, which may mean the Canadian government's involvement may actually include policing requests for abuse of the law.Even with these cautionary comments, the concern remains that Canada will create its own version of RTBF, but with the added nasty side effect of the nation's highest court declaring orders issued in Canada must be executed by companies located in other countries. The committee's report [PDF] spends no time discussing this unfortunate ruling or its adverse effects if the world's tech companies are subjected to extraterritorial delisting orders. But that's what will happen if PIPEDA is amended: Canada will be giving its citizens the opportunity to engage in worldwide censorship.

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posted at: 12:00am on 12-Apr-2018
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Goodyear Asks Judge To Help It Bury Document Showing It Covered Up Tire Problems Related To 98 Injuries Or Deaths

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The Jalopnik expose on tire problems Goodyear buried for 20 years -- resulting in nearly 100 injuries or deaths -- has led to a really novel request from Goodyear's counsel. In essence, Goodyear approached the court (via a late evening conference call) and asked it to sternly request Jalopnik not publish damning documents mistakenly unsealed by the court's clerk.Here's Jalopnik's Ryan Felton, who covered the Goodyear cover-up and obtained the documents from the Arizona court:

Last week, I asked Goodyear Tire & Rubber Co. to comment on claims made in a lengthy letter that says the company knew for more than 20 years about failures on a tire linked to hundreds of crashes that have left at least 98 people either injured or killed. I obtained the letter, along with more than 200 pages of exhibits to the letter, from a court in Arizona following a judge’s earlier decision that led the court’s clerk to briefly unseal the records. Goodyear never responded to me. Instead, unbeknownst to us at Jalopnik, the company asked the Arizona judge to call me directly and intone that I should, in the words of Goodyear’s attorney, “do the right thing” and not publish those documents.
The transcript [PDF] of the conversation between Judge Hannah and lawyers from both sides is a fascinating read. Goodyear's counsel desperately wanted to believe there were no First Amendment implications in ringing up a writer, who obtained documents without subterfuge, to ask him not to publish them.And there's good reason Goodyear doesn't want them published. It contains NHTSA (National Highway and Traffic Safety Administration) data linking certain Goodyear tires to hundreds of motor vehicle accidents. The NHTSA has said the info in the letter is not confidential. Goodyear disagreed, filing a motion to keep the document under seal. No decision has been made on this yet, but apparently a court clerk misunderstood the judge's instructions and briefly unsealed the document. According to Goodyear's lawyer Foster Robberson, this makes the judge reaching out to correct a clerk's error constitutionally-kosher.
So I don't think this is a First Amendment issue. I don't think we are asking you at this stage to do an injunction. Frankly, I wouldn't expect you to do an injunction without some legal support, but we are asking you to do something, which courts do do on occasion, and I've given you an example of that, which is to basically admonish or instruct someone involved in the process about what's going on and I've even had courts ask people to cooperate before. I don't think asking this reporter to cooperate is the same thing as entering an injunction.
Sure, it's not the same thing as an injunction. But it has the same intended effect. Either way, it's an attempt to talk a judge into prior restraint, all supported by nothing more than the assertion Goodyear would be "prejudiced" by the document's release by a non-party. That seems unlikely. The parties to the lawsuit have already seen the document. So has the judge. Nothing prejudicial can happen in this court at this point since the documents have already been filed. The court of public opinion may be swayed against Goodyear, but that's not where the decision that legally matters will be handed down.Goodyear's counsel went even further, claiming that lawfully obtaining documents from a court clerk (as the result of an error not discovered until after the documents were handed over) is "wholly illegitimate." Judge Hannah, fortunately, disagreed with every single one of Goodyear's assertions.
Well, alright, Mr. Robberson.Seems to me that if your view is that there are gonna be consequences for this reporter, if he publishes this information, that's your job to convey that to him, not mine.The motion ... the request ... Goodyear's request is denied. There are two reasons.First, it is not an appropriate role for this court to appoint itself as the spokesperson or conveyor of information for the court system concerning this person's proper response or what the person should do as a result of an Order that this court has issued.The court has not been asked to issue a formal Order and it's the request is that the court call the individual and advise him of what the Order says. And that would not be a proper course of action for the court in any event. I would also note that I do not represent the court or the court system. If somebody in the court system made a mistake, that's regrettable. If that affects rights, then I suppose somebody might have to decide at some point how to address that, but it will not ... it is not appropriate to attempt to redress it to attempt to stop it by the court making a phone call.Secondly, based on the case that the court discussed on the record, State Ex Rel Thomas versus Grant, it is my legal holding and my ruling that the reporter is not bound by the protective order that underlays the sealing order.
He then goes on to address Goodyear's portrayal of Jalopnik's acquisition of the documents as "illegitimate."
There's no information before me that he was untruthful with anybody, that he stole the information, anything of that nature.
If Goodyear was hoping to keep this information from the general public, it could not have handled the situation any worse. This sort of clearly unconstitutional request almost always backfires. People not following the saga of Goodyear's apparent cover-up of RV tire issues would have never seen the NHTSA letter [PDF] detailing the company's attempt to keep selling defective tires even though they were responsible for dozens of deaths. Now, the damning letter will receive mainstream attention, reaching far beyond the readership of an auto-focused blog.

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