This Week In Digital Trust

To celebrate Privacy Awareness Week, Jordan sits down with Privacy Commissioner Carly Kind to reflect on the PAW theme, her time in the office so far, and what the future holds.The Office of the Australian Information Commissioner’s (OAIC) chosen theme for Privacy Awareness Week is Trust is built here. In every privacy complaint. In every resolution.In a wide-ranging interview, Jordan talks with the Commissioner about why she chose to focus on dispute resolution for this year’s PAW theme, and how the OAIC’s own approach to complaint handling is evolving.With Commissioner Kind approaching the half-way mark of her five-year term, they also reflect on her time in the office so far, and what she still hopes to achieve. They go deep on facial recognition and discuss what practitioners should learn from the Administrative Review Tribunal’s decision in Bunnings Group Limited and Privacy Commissioner. Finally, they talk law reform — the Children’s Online Privacy Code, what to expect from tranche 2 of the Privacy Act reforms (and maybe even when), and the upcoming amendments to the Anti-Money Laundering / Counter-Terrorism Financing (AML/CTF) Act which will introduce new privacy obligations for real estate professionals, dealers in precious metals and stones, and certain professional service providers from 1 July 2026.LinksPAW 2026 at the OAIC https://www.oaic.gov.au/engage-with-us/events/privacy-awareness-week/paw-2026The OAIC’s new approach to complaints https://www.oaic.gov.au/news/blog/handling-privacy-complaints-a-new-approach-for-a-new-eraPrivacy Commissioner’s determination on the 2Apply rental technology platform and statement on RentTech platforms generally https://www.oaic.gov.au/news/media-centre/renttech-platforms-must-stop-unfair-and-excessive-personal-information-collection,-says-privacy-commissionerDecision of the Administrative Review Tribunal on facial recognition at Bunnings https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/ARTA/2026/130.htmlPrivacy Commissioner statement on the Administrative Review Tribunal’s Bunnings decision https://www.oaic.gov.au/news/media-centre/privacy-commissioner-statement-on-administrative-review-tribunals-bunnings-decisionOAIC on the Children’s online privacy code https://www.oaic.gov.au/privacy/privacy-registers/privacy-codes/childrens-online-privacy-codeChildren’s Online Privacy Code consultation materials for kids https://www.oaic.gov.au/privacy/privacy-for-kidsOAIC Guidance on the AML/CTF reforms https://www.oaic.gov.au/news/media-centre/know-your-privacy-obligations-under-the-anti-money-laundering-counter-terrorism-financing-amlctf-act-updated-oaic-guidance

This week Jordan is joined by Dr Kate Bower from the Office of the Australian Information Commissioner (OAIC) to discuss the biggest shake-up to online privacy for Australian kids in 25 years, and how you can have your say.The Children’s Online Privacy Code will set out new rules for the handling of children’s personal information by apps games and websites likely to be accessed by children or primarily concerned with the activities of children.Kate and Jordan break down what’s in the code, where it comes from, and why it looks the way it does. They also revisit what the OAIC learnt from past consultation rounds, and how you (and your kids and your community) can have your say.Public consultation on the proposed Children’s Online Privacy Code is open until 5 June. Kate and the team are genuinely keen to hear from industry, but also from parents, carers and children. The OAIC has put together a range of engagement resources like child friendly explainers, worksheets, lesson plans and more to make it easier for kids and parents to participate, which you can access at Privacy for Kids | OAIC.Dr Kate Bower is the Director of the Privacy Reform Implementation and Social Media (PRISM) Taskforce at the Office of the Australian Information Commissioner (OAIC). Links:The OAIC’s Children’s Online Privacy Code information hub https://www.oaic.gov.au/privacy/privacy-for-kidsKate’s blog post on the code and the OAIC’s approach https://www.oaic.gov.au/news/blog/sunshine-and-double-rainbows-building-a-better-online-environment-for-children-and-young-peopleCredits:Editing and post-production by Martin Franklin (East CoastStudio) www.eastcoaststudio.com.au

This week we unpack the dispute between Anthropic and the US Department of Defense and it what it says about AI governance more broadly.What began as a contractual disagreement rapidly turned into a political and legal stoush that culminated in the designation of Anthropic as a US national supply‑chainrisk.We break down the areas of concern - fully autonomous lethal weapons and mass domestic surveillance - and debate whether private tech companies should be allowed to constrain how governments use technologies like AI Links:Article about Pentagon designating Anthropic a supply‑chain risk (Yahoo) https://www.yahoo.com/news/articles/pentagon-designates-anthropic-supply-chain-114515625.htmlAnthropic statement https://www.anthropic.com/news/statement-comments-secretary-warOped on the Pentagon–Anthropic brawl (ASPI) https://www.aspistrategist.org.au/pentagon-anthropic-brawl-demands-rethink-of-ai-industry/Oped on the Pentagon–Anthropic brawl (Tech Policy Press) https://www.techpolicy.press/how-to-think-about-the-anthropic-pentagon-dispute/Article on the dispute (The Atlantic) https://www.theatlantic.com/technology/2026/03/inside-anthropics-killer-robot-dispute-with-the-pent…Analysis by former Trump AI advisor https://www.hyperdimensional.co/p/clawed Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.au

In this episode we explore the implications of an Administrative Review Tribunal ruling that Australian retailer Bunnings was reasonably entitled to use facial recognition technology (FRT) to combat crime and staff abuse in its stores.The ruling comes after a protracted dispute, with Bunnings appealing a 2024 determination by Privacy Commissioner Carly Kind that it had breached privacy laws in using FRT to scan customers' faces without their consent.We break down the legal intricacies and justifications for the decision, and explore the impact it might have on FRT adoption more widely.Links:Article about the Administrative Review Tribunal ruling (ABC) https://www.abc.net.au/news/2026-02-05/bunnings-wins-ai-facial-recognition-tech-fight/106309308ART ruling https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/ARTA/2026/130.htmlOAIC statement https://www.oaic.gov.au/news/media-centre/oaic-statement-on-administrative-review-tribunals-bunning…Bunnings statement https://media.bunnings.com.au/api/public/content/51f48a5bef0748109f7b52607bdfbd06?v=9b52aa2c&_gl=1*…Analysis of ruling (The Conversation) https://theconversation.com/bunnings-decision-may-open-door-to-facial-recognition-surveillance-free…Analysis of ruling (The Guardian) https://www.theguardian.com/australia-news/2026/feb/05/bunnings-given-green-light-to-use-facial-rec…Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

In our first episode for the year we revisit the big themes of 2025, and explore how they're shaping in 2026.We discuss changing sentiments around AI, its impact on the online information ecosystem, the social media ban and ongoing focus on children's privacy, and how cyber threats are evolving in the AI age.Links:TWIDT #146 Australia's grand plan for AI https://podcasts.apple.com/cm/podcast/146-australias-grand-plan-for-ai/id1616386683?i=1000743906862Australia's National AI plan https://www.industry.gov.au/news/australia-launches-national-ai-plan-capture-opportunities-share-be…Article about sentiments about an AI bubble (AFR) https://www.afr.com/chanticleer/microsoft-s-shock-plunge-isn-t-end-of-ai-bubble-but-it-s-a-warning-…TWIDT #134 AI slop is taking over the internet https://podcasts.apple.com/cm/podcast/134-ai-slop-is-taking-over-the-internet/id1616386683?i=100071…Article about start of social media ban (ABC) https://www.abc.net.au/news/2026-01-15/social-media-ban-data-millions-of-accounts-closed/106232768Article about almost autonomous AI-enabled cyber attacks in 2025 (The Conversation) https://theconversation.com/an-ai-lab-says-chinese-backed-bots-are-running-cyber-espionage-attacks-… Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

In this episode we break down the National AI Plan released by the Government in December.The plan broadly sets out how Australia will capture the opportunities of AI, how the benefits will be spread across the economy and how it guide the safe and responsible adoption of AI.We debate whether the plan strikes the right tone, pursues the right opportunities and whether it does enough to manage the risks of AI. Links:Australia's National AI plan https://www.industry.gov.au/news/australia-launches-national-ai-plan-capture-opportunities-share-be…Article about the plan (ABC News) https://www.abc.net.au/news/2025-12-02/national-artificial-intelligence-plan-growth-existing-laws/1…Analysis of the plan (Crikey) https://theconversation.com/australias-national-ai-plan-has-just-been-released-who-exactly-will-ben…Article about environmental impact of data centres (ABC News) https://www.abc.net.au/news/2025-08-27/ai-to-take-up-one-quarter-of-sydney-water-in-a-decade/105700…Article about energy use of data centres (Guardian) https://www.theguardian.com/australia-news/2025/dec/03/datacentres-demand-huge-amounts-of-electrici…Article about MIT study on successful AI pilots (Forbes) https://www.forbes.com/sites/jasonsnyder/2025/08/26/mit-finds-95-of-genai-pilots-fail-because-compa…Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

AI chatbots are becoming increasingly intimate spaces, with people using them for companionship, therapy and as a helpful personal assistant.While our interactions with chatbots like ChatGPT and Copilot get more personal, we're also seeing logs and transcripts of these interactions increasingly find their way to the public - via FOI requests, court orders and security and privacy breaches.We explore the convergence of these opposing trends. Links:Article about national security chief using Copilot (Crikey - PAYWALL) https://www.crikey.com.au/2025/11/12/australia-national-security-chief-ai-speech-writing/Article about UK tech minister using ChatGPT for policy advice (New Scientist) https://www.newscientist.com/article/2472068-revealed-how-the-uk-tech-secretary-uses-chatgpt-for-po…Article about California court order ChatGPT logs discoverable (AI Buzz) https://www.ai-buzz.com/court-rules-chatgpt-history-is-discoverable-evidence-in-lawsuitsArticle about Grok chats exposed in Google search results (BBC) https://www.bbc.com/news/articles/cdrkmk00jy0oArticle about Meta leaking chatbot prompts (Toms Guide) https://www.tomsguide.com/computing/online-security/meta-ai-was-leaking-chatbot-prompts-and-answers…OpenAI v New York Times https://openai.com/index/fighting-nyt-user-privacy-invasion/NSW Government advisory on AI and recordkeeping https://www.nsw.gov.au/nsw-government/recordkeeping/create-and-capture/ai-and-recordkeeping Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

This week we analyse the implications of the first ever civil penalties ordered under the Privacy Act.In October, the Federal Court ordered that Australian Clinical Labs pay $5.8 million in civil penalties in relation to a data breach by its Medlab Pathology business in February 2022 that led tothe exposure of the personal information of over 223,000 people.We discuss the key insights for cyber, privacy and risk practitioners emerging from the judgement. Links:OAIC statement https://www.oaic.gov.au/news/media-centre/australian-clinical-labs-ordered-to-pay-penalties-in-relation-to-medlab-pathology-data-breach-in-first-for-privacy-actFederal Court judgement https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca1224OAIC guidance on APP 11 "reasonable steps" (OAIC) https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-11-app-11-security-of-personal-informationCredits:Editing and post-production by Martin Franklin (East Coast Studio) ⁠www.eastcoaststudio.com.au⁠Music by Bensound.com

This week Arj is joined by elevenM colleague Brett Watson to breakdown the issues surrounding the rollout of facial recognition technology (FRT) across retail settings, stadiums and other venues in Australia.The Privacy Commissioner recently ruled that the use of FRT by Australian retailers Bunnings and Kmart breached Australians' privacy. Bunnings is appealing the ruling, while Kmart is also considering an appeal - both arguing that their use of FRT is a proportionate response to issues like violence and theft in their stores.With that as the backdrop, Arj and Brett debate the merits of privacy advocates' arguments against FRT. Links:OAIC ruling against Bunnings https://www.oaic.gov.au/news/media-centre/bunnings-breached-australians-privacy-with-facial-recogni…OAIC ruling against Kmart https://www.oaic.gov.au/news/media-centre/18-kmarts-use-of-facial-recognition-to-tackle-refund-frau…Article about OAIC ruling against Kmart (ABC News) https://www.abc.net.au/news/2025-09-18/kmart-facial-recognition-technology-privacy-commissioner/105…Article about Bunnings arguments in favour of FRT (AFR - paywall) https://www.afr.com/technology/bunnings-boss-wants-new-laws-to-allow-facial-recognition-in-stores-2…Article about Wesfarmers citing rise in retail theft (Skynews) https://www.skynews.com.au/business/finance/wesfarmers-boss-rob-scott-laments-uptick-in-retail-thef…NZ Privacy Commissioner inquiry into Foodstuffs use of FRT https://www.privacy.org.nz/focus-areas/frt-inquiry-report/Article about woman misidentified by Foodstuffs FRT (RNZ) https://www.rnz.co.nz/news/national/535871/woman-wrongly-kicked-out-over-foodstuffs-facial-recognit… Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

This week we unpack the concept of sovereign AI, which is increasingly shaping both Australian and global conversations about national AI approaches.We explore what sovereign AI means, the problem it seeks to solve, and the variety of options being proposed. We also debate how feasible it is for Australia to can achieve a truly sovereign AI capability.Links:Article urging Australia to build sovereign AI (InnovationAus) https://www.innovationaus.com/build-sovereign-ai-now-or-face-lock-in-australia-warned/Article about Australian startups building sovereign AI (AFR) https://www.afr.com/technology/we-can-do-it-for-under-100m-start-up-joins-race-to-build-local-chatgpt-20250908-p5mt5oArticle about Productivity Commission's views on sovereign AI (AFR) https://www.innovationaus.com/productivity-tsar-hoses-down-sovereign-ai-support-hopes/Oped #1 about Australia's limitations in achieving sovereign AI (AFR) https://www.afr.com/technology/australia-is-seeking-its-place-in-the-ai-world-order-20250910-p5mu38?utm_source=substack&utm_medium=emailOped #2 about Australia's limitations in achieving sovereign AI (AFR) https://www.afr.com/policy/economy/labor-must-resist-the-temptation-to-build-sovereign-ai-20250903-p5ms97Oped by Vic senator Michelle Ananda-Rajah (AFR)https://www.afr.com/technology/our-ai-future-is-being-built-overseas-we-can-t-afford-that-20250813-p5mmlqBlog about South-East Asia's approach to sovereign AI (ASPI) https://aspicts.substack.com/p/the-monthly-roundup-angela-suriyaseneeCredits:Editing and post-production by Martin Franklin (East Coast Studio) ⁠www.eastcoaststudio.com.au⁠Music by Bensound.com

This week we discuss the growing use of workplace surveillance technologies, triggered by a legal case involving an Australian compliance training company.The case highlights the use of monitoring software that records an employee's screen activity and even their conversations detected by laptop microphones.With employees increasingly working from home, the case speaks to broader implications for worker privacy and employee-employer trust relationships. Links:Article about Safetrac case (AFR) https://www.afr.com/work-and-careers/workplace/company-turned-laptops-into-covert-recording-devices-to-monitor-wfh-20250822-p5mp0zArticle about the trend of workplace surveillance (Guardian) https://www.theguardian.com/technology/2022/apr/27/remote-work-software-home-surveillance-computer-monitoring-pandemicOAIC summary of workplace monitoring and surveillance laws https://www.oaic.gov.au/privacy/your-privacy-rights/surveillance-and-monitoring/workplace-monitoring-and-surveillanceVic Gov inquiry into workplace surveillance https://www.parliament.vic.gov.au/49a1f1/contentassets/5232a88edcc34487aa0223bcbb2c8974/laeic-60-02-inquiry-into-workplace-surveillance2.pdfCredits: Editing and post-production by Martin Franklin (East Coast Studio) ⁠www.eastcoaststudio.com.au⁠Music by Bensound.com

**CONTENT WARNING** This episode contains discussion of suicide and mental health themes. Please contact Lifeline on 13 11 14 or Beyond Blue on 1300 224 636. This week we discuss the rise of AI companions.In the midst of a continued AI acceleration push in Australia, we discuss the emergence of several disturbing stories in which AI chatbots have apparently lead young people and adults alike to self-harm.In the face of known harms, many of these AI chatbots continue to be designed primarily to increase engagement and - as some have argued - addiction and dependency. Links:Article about AI companions impact on young Australians (ABC News) https://www.abc.net.au/news/2025-08-12/how-young-australians-being-impacted-by-ai/105630108Podcast including discussion of case of Adam Raine https://podcasts.apple.com/us/podcast/how-openais-chatgpt-guided-a-teen-to-his-death/id1460030305?i…Discussion about case of Sewel Setzer III (Tech Policy Press) https://www.techpolicy.press/ai-companions-and-the-law/Research into impacts of AI companions (Tech Policy Press) https://www.techpolicy.press/new-research-sheds-light-on-ai-companions/Report on AI companion market size https://www.businessresearchinsights.com/market-reports/ai-companion-market-117494?ref=theoverview.…Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

This week we unpack the national conversation about AI's role in solving Australia's productivity challenges.The Productivity Commission recently published a report arguing for a cautious approach to AI regulation, on the basis that it could prevent Australia from "unlocking a surge of productivity".Business and technology advocates have also doubled down, using the moment to call for various legal exemptions and a more laissez-faire approach to restrictions on companies building and deploying AI models.We explore these ideas and the specific implications for areas like privacy and copyright.Links:Productivity Commission report https://www.pc.gov.au/inquiries/current/data-digital/interimArticle about Productivity summit (ABC News) https://www.abc.net.au/news/2025-08-07/artificial-intelligence-jim-chalmers-economics-reform-roundtable/105618958Report on AI benefits (METR) https://metr.org/blog/2025-07-10-early-2025-ai-experienced-os-dev-study/Article on how most AI experimentation is wasted effort (HBR) https://hbr.org/2025/08/beware-the-ai-experimentation-trapArticle about CBA call center AI bungle and stats on unsuccessful AI adoption (SMH) https://www.smh.com.au/business/banking-and-finance/bring-back-the-humans-cba-s-embarrassing-ai-jobs-bungle-a-salutary-lesson-20250821-p5moqk.htmlPrivacy Commissioner's response to Productivity Commission report https://www.oaic.gov.au/news/blog/getting-ai-right-benefits-businesses,-productivity-and-the-communityArticle about artists response to Productivity Commission report  (ABC News) https://www.abc.net.au/news/2025-08-13/productivity-commission-ai-report-copyright-law-authors-respond/105646086Interview with Scott Farquhar (ABC) https://www.abc.net.au/news/2025-08-12/could-australia-benefit-from-the-revolution-in-ai/105645406 Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

This week we take a deeper look at recent high-profile cyber attacks, which have breached organisations like Qantas and Marks & Spencer.For all the talk of technical sophistication, especially in the time of AI, hackers like Scattered Spider are relying less on fancy code and more on their ability to exploit gaps in our systems of trust.We explore how the biggest vulnerabilities in our systems are sometimes found not in software flaws but in how we vouch for ourselves online, and the way we govern relationships between companies and their suppliers. Links:Article about Scattered Spider (Axios) https://www.axios.com/newsletters/axios-future-of-cybersecurity-fab0c0d0-5760-11f0-8c09-e72f7ef7d797?utm_source=chatgpt.comArticle about the psychological edge behind Qantas hack (AFR) https://www.afr.com/companies/transport/qantas-says-6-million-aussies-caught-up-in-cyberattack-20250702-p5mbupAustralian Government advisory on Scattered Spider https://www.cyber.gov.au/about-us/view-all-content/alerts-and-advisories/scattered-spider?utm_source=linkedin&utm_campaign=scatter-spider&utm_medium=social&utm_content=advisoryDarknet Diaries episode about profit driven hacking communities ⁠https://darknetdiaries.com/episode/112⁠Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

This week we explore why so many organisations fall short in how they respond publicly to a cyber incident or data breach.Even for organisations that have a well-exercised "crisis communications" muscle, too often a data breach results in a response that infuriates and erodes trust in equal measure.We explore why standard crisis comms principles don't always apply in a data breach, and what good looks like.Links:Article with analysis of Qantas comms response (Mumbrella) https://mumbrella.com.au/just-trust-us-were-qantas-880124Article with analysis of Qantas comms response (Security Brief) https://securitybrief.com.au/story/experts-give-qantas-mixed-reviews-on-cyber-breach-responseOped from James Turner on Qantas data breach (AFR) https://www.afr.com/technology/why-the-qantas-hack-should-send-chills-around-corporate-australia-20250710-p5me2rArticle about Qantas data breach (Guardian) https://www.theguardian.com/business/2025/jul/02/qantas-confirms-cyber-attack-exposes-records-of-up-to-6-million-customersArticle about PageUp data breach (Guardian) https://www.theguardian.com/technology/2018/jun/07/thousands-of-job-seekers-details-potentially-exposed-in-hackelevenM blog on cyber crisis communications (elevenM) https://elevenm.com.au/blog/the-four-pitfalls-of-cyber-crisis-communications/ Credits:Editing and post-production by Martin Franklin (East Coast Studio) ⁠www.eastcoaststudio.com.au⁠Music by Bensound.com

This week we revisit the conversation around banning under 16s from social media, and the range of technologies being considered to verify the ages of would-be social media users.We examine the preliminary findings of a government-commissioned trial of age assurance technologies, as well as some independent media reporting on technologies in the trial.The preliminary results have received mixed reviews, with particular concerns over the accuracy of facial recognition-based age estimation. Links:Preliminary findings of age assurance trial https://ageassurance.com.au/wp-content/uploads/2025/06/News-Release-Preliminary-Findings-for-publication-20250620.pdfArticle about preliminary findings of age assurance trial (ABC News) https://www.abc.net.au/news/2025-06-20/age-assurance-trial-preliminary-report/105440288Article highlighting issues with facial age estimation technologies (ABC News) https://www.abc.net.au/news/2025-06-19/teen-social-media-ban-technology-concerns/105430458Article about expert resigning from assurance trial advisory board (Crikey) https://www.crikey.com.au/2025/06/23/expert-resigns-teen-social-media-ban-tech-trial-advisory-board/TWIDT #79 The long and winding road to age verification https://elevenm.com.au/podcast/episode/the-long-and-winding-road-to-age-verification/TWIDT #122 Big ban theory – Why Australia’s social media ban for kids is raising eyebrows https://elevenm.com.au/podcast/episode/122-big-ban-theory-why-australias-social-media-ban-for-kids-is-raising-eyebrows/ Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

This week we explore growing tension between the importance of safeguarding user privacy online, and the public and social value that comes from researchers having access to growing volumes of data on social media platforms.In recent years, researchers have used platform data to shed useful light on a range of issues including mental health, social and cultural dynamics, the evolution of democracy online ... but also, importantly, how the platforms themselves are managing domains like user privacy, content algorithms and content moderation.In some cases, the inability to access the data safely has either thwarted research or led to unsavoury data access practices. We look at ways researchers could be granted safe and ethical data access, including legislated transparency requirements. Links:Article about researchers accessing Discord user data (404) https://www.404media.co/researchers-scrape-2-billion-discord-messages-and-publish-them-online/Article about Twitter clamping down researcher access to its API (TechCrunch) https://techcrunch.com/2023/02/14/twitters-restrictive-api-may-leave-researchers-out-in-the-cold/Article about Meta disabling researcher access to data (The Verge) https://www.theverge.com/2021/8/6/22613525/facebook-nyu-research-ban-cambridge-analytica-platformerStatement: Research Cannot Be the Justification for Compromising People’s Privacy (Meta) https://about.fb.com/news/2021/08/research-cannot-be-the-justification-for-compromising-peoples-privacy/Article about DSA transparency requirements (Tech Policy Press) https://www.techpolicy.press/researcher-access-to-platform-data-and-the-dsa-one-step-forward-three-steps-back/Report on achieving digital platform transparency in Australia (Reset.Tech Australia) https://au.reset.tech/news/achieving-digital-platform-public-transparency-in-australia/Mozilla research into platforms data access initiatives (Mozilla) https://www.mozillafoundation.org/en/blog/new-research-tech-platforms-data-access-initiatives-vary-widely/Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

This week we discuss the increasing prevalence of AI generated content online (aka 'AI slop'), on social media and even in books, journalism and academic journals. We explore how AI tools are enabling the generation of slop at scale, unleashing a flood of low quality content that is degrading our information ecosystem, making it harder to access high quality, verified information, and even getting in the way of our ability to connect with other humans online.Links:Max AI slop feature article (New York Magazine - paywalled) https://nymag.com/intelligencer/article/ai-generated-content-internet-online-slop-spam.htmlMax Read discussing his article in New York Magazine - linked above (Read Max newsletter - not paywalled) https://maxread.substack.com/p/were-in-our-slop-eraArticle on ecosystem behind AI slop content (The Conversation) https://theconversation.com/side-job-self-employed-high-paid-behind-the-ai-slop-flooding-tiktok-and-facebook-237638Article about Meta using AI to generate comments (TechCrunch) https://techcrunch.com/2025/03/21/meta-spotted-testing-ai-generated-comments-on-instagram/Article about Trump's use of slop (New Yorker)  https://www.newyorker.com/culture/critics-notebook/trump-is-the-emperor-of-ai-slopArticle about LinkedIn posts being AI slop (WIRED) https://www.wired.com/story/linkedin-ai-generated-influencers/Article: AI slop is killing the internet (Guardian) https://www.theguardian.com/global/commentisfree/2025/jan/08/ai-generated-slop-slowly-killing-internet-nobody-trying-to-stop-it404 Media coverage of AI slop (some paywalled) https://www.404media.co/tag/ai-slop/Article on the closure of Wordfreq (404 Media) https://www.404media.co/project-analyzing-human-language-usage-shuts-down-because-generative-ai-has-polluted-the-data/ Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

This week we discuss the observable global shift in mood away from AI regulation and safety towards acceleration and innovation.It's a trend we observed several episodes ago, but appears to be gathering further speed with announcements by global political and business leaders of the urgency of re-doubling efforts to enhance AI capability. With Trump setting the tone at a federal level in the US, lawmakers have even gone as far as proposing a 10-year moratorium on ant state-based AI laws.We explore the implications of this mood shift for Australia, as a re-elected Albanese Government and its new Industry minister plot the way forward for AI in this country. Links:Article about 10-year moratorium (Tech Policy Press) https://www.techpolicy.press/us-house-committee-advances-10-year-moratorium-on-state-ai-regulation/Article about Trump rescinding Biden exec order (Cybersecurity dive) https://www.cybersecuritydive.com/news/trump-repeals-biden-ai-executive-order/738114/Article about OpenAI CEO reversing AI regulation position (The Information) https://www.theinformation.com/briefings/apparent-reversal-openai-ceo-advocates-less-ai-regulationArticle about tech execs pushing back on regulation (Seattle Times) https://www.seattletimes.com/business/microsofts-brad-smith-other-tech-execs-give-congress-ai-wish-list/Article about new Industry Minister Tim Ayres (InnovationAus) https://www.innovationaus.com/tim-ayres-named-industry-minister-in-new-look-cabinet/Article about need for Australia to pursue AI sovereignty (InnovationAus) https://www.innovationaus.com/owning-the-algorithm-australias-path-to-ai-sovereignty/ Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

This week we reflect on one of the most visible and annoying features of the recently concluded federal election campaign - the incessant spam from political parties.We break down the various exemptions and carve-outs that make it legal for political parties to collect information about voters and spam us without consent.While the premise of the exemptions is to preserve the freedom of political communication in the name of democracy, we explore how the practice might be subverting our democratic ideals.Links:Article explaining how political parties can legally spam voters (ABC News) https://www.abc.net.au/news/2025-04-29/political-parties-can-send-you-texts/105226350Article breaking down Trumpet of Patriots spam campaign (SBS News) https://www.sbs.com.au/news/article/trumpet-of-patriots-texts/vsqj4l75xArticle about "H Fong" the man behind Trumpet of Patriots spam campaign (SBS News) https://www.theguardian.com/australia-news/2025/may/01/who-is-h-fong-harry-trumpet-of-patriots-sms-text-messages-federal-election-ntwnfbCrikey for PM campaign (Crikey - Paywalled) https://www.crikey.com.au/2025/04/28/spam-texts-election-clive-palmer-trumpet-of-patriots-monique-ryan-privacy-act-crikey-for-pm/Article about political parties' postal vote application texts (ABC News) https://www.abc.net.au/news/2025-03-31/aec-warns-of-unsolicited-postal-vote-texts/105116220Credits:Editing and post-production by Martin Franklin (East Coast Studio) ⁠www.eastcoaststudio.com.au⁠Music by Bensound.com

This week we're in conversation with Rys Farthing, who is Research Director at Reset.Tech Australia, a Not-for-profit that aims to develop evidence around digital issues so that policy makers can be more informed.We explore some of the challenges for effective digital policy making in Australia and around the world, and discuss our hopes and expectations for the Children's Online Privacy Code.If you're a regular listener, you'll know that Reset's work comes up somewhat regularly (both episode #120 about real time bidding and #93 about data brokers were based on research reports published by Reset, for example). We believe that there's a real need for the kind of work that Reset.Tech Australia does, to build an Australian evidence base around tech policy issues and solutions, and how they play out in the Australian context. Links:The OAIC's announcement about phasing consultation is here: https://www.oaic.gov.au/news/blog/sunshine-and-double-rainbows-building-a-better-online-environment-for-children-and-young-people The law that give rise to the Children's Online Privacy Code is here: https://www.aph.gov.au/Parliamentary_Business/Bills_LEGislation/Bills_Search_Results/Result?bId=r7249About grooming on Facebook. The leaked files that 75% of grooming came from Facebook's People You May Know (PYM) feature were reproduced in a US court, on page 12 here: https://socialmediavictims.org/wp-content/uploads/2022/06/Spence-Complaint-6_6_22.pdf Also Zoe Daniels asked if PYMK was still turned on for Australian kids in Sept 2024, and the answer was yes: https://www.theaustralian.com.au/business/media/metas-disregard-for-the-public-interest-is-galling-says-independent-mp-zoe-daniel/news-story/7783e5551f8669f665c7599d4e1dc47cThe document that notes that industry was aware of the issues of setting the bar of protection at 16 not 18. In response to a number of orgs raising this in their consultation process they responded: "in response to feedback the Code provisions concerning privacy settings on children's accounts have been amended to apply to children under 16." https://onlinesafety.org.au/wp-content/uploads/2022/11/221118_Submissions-log-responses_FINAL.pdfFinally, we also mention the Centre for automated decision making & society's Australian ad observatory project - a fantastic participatory research project providing much needed visibility into how ads are targeted to people in Australia: https://www.admscentre.org.au/australian-ad-observatory-investigating-mobile-and-dynamic-advertising-via-computational-and-participatory-approaches/ Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

This week we discuss how recent turbulence in geopolitics is translating into impacts on the digital environment.We explore how the Trump tariffs and general shift towards increased trade protectionism might impact a swathe of tech policy initiatives around the world.We also look at the increasingly cavalier attitudes to security, privacy, and risk management from the US Government, primarily through the actions of the Department of Government Efficiency, and the extent to which such attitudes might affect Australia as we head to an election.Links:Article about potential impacts to News Media Bargaining Code from US tariff policies (ABC News) https://www.abc.net.au/news/2025-04-02/media-bargaining-code-tariffs-trump/105124278US Government list of Foreign Trade Barriers https://ustr.gov/sites/default/files/files/Press/Reports/2025NTE.pdfArticle about DOGE increasing cyber security risks (TIME) https://time.com/7268032/doge-cybersecurity-elon-musk/Article about DOGE cyber security cutes (TechCrunch) https://techcrunch.com/2025/03/11/doge-axes-cisa-red-team-staffers-amid-ongoing-federal-cuts/Article about war plans shared on Signal (The Atlantic - Paywalled) https://www.theatlantic.com/politics/archive/2025/03/signal-group-chat-attack-plans-hegseth-goldberg/682176/ Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

This week we discuss increased the scrutiny on how charities and not-for-profits manage the data they collect.Several breaches in recent years have led the Australian privacy regulator to issue specific guidance on privacy obligations to the NFP sector, particularly warning them against the practice of retaining donor data longer than necessary.We explore the challenges charities face in getting privacy and cyber security right, including limited knowledge and resourcing, and pressures to make use of data to fundraise more effectively. Links:Privacy regulator's guidance for charities and NFPs https://www.oaic.gov.au/news/media-centre/draft-media-release-updated-nfpcharities-guidancePodcast conversation with Privacy Commissioner about charities https://www.acnc.gov.au/media/news/defending-charity-data-privacy-commissioner-shares-insights-latest-charity-chat-podcastReport on financial and workforce challenges faced by charities (ACNC) https://www.acnc.gov.au/media/news/cost-living-issues-impact-australian-charity-sector-latest-acnc-dataCyber threat report on Australian charities (CyberCX) https://cybercx.com.au/news/cyber-risks-to-australian-charities-sector/Charity telemarketer data breach (ABC News) https://www.abc.net.au/news/2023-10-21/qld-pareto-phone-charity-hack-cyber-criminal/103002650Article about Sydney Children’s Hospitals Foundation use of data-driven marketing (The Australian) https://www.theaustralian.com.au/business/growth-agenda/childrens-charity-borrows-from-retail-sector-for-story-of-growth/news-story/4bfead86c5cab9607e342836bef66e00Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

This week Jordan is joined by fellow Victorian elevenM-er and OVIC alumnus Piotr Debowski to explore some of the challenges, trends and quirks of privacy complaints in Victoria and to introduce a new, free, elevenM resource: The Victorian Privacy Case Notes Database. Piotr led the development of the database, which provides case notes and commentary on Victorian Civil and Administrative Tribunal and Victorian Supreme Court decisions involving the interpretation and application of the Information Privacy Principles (IPPs) from the Privacy and Data Protection Act 2014 (Vic).We hope the database will be a useful resource for Victorian privacy officers or anyone with an interest in Victorian privacy case law. Feedback very welcome via https://elevenm.com.au/contact/.Links:elevenM's Victorian Privacy Case Notes Database - https://viccasenotes.elevenm.com.au/Our case note on Gao v Victoria Legal Aid [2012] VCAT 5223 - https://viccasenotes.elevenm.com.au/case-note/gao-v-victoria-legal-aid-2012-vcat-5223/ OAIC determination in 'WP' and Secretary to the Department of Home Affairs (with guidance on quantum of compensation) - https://www.oaic.gov.au/__data/assets/pdf_file/0017/3077/wp-and-secretary-to-the-department-of-home-affairs-privacy-2021-aicmr-2-11-january-2021.pdf Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by bensound.com

This week we explore the how the Australian privacy regulator is transforming itself in an attempt to have a stronger impact - in the face ongoing funding pressures and a reform agenda that hasn't quite met the expectations of privacy advocates.A year into the tenure of Carly Kind as Australian Privacy Commissioner, we are seeing a more public and vocal regulator, a series of targeted enforcement actions and the issuing of more frequent communications and guidance.It's all part of a self-described transformation by the OAIC into a "more proactive, harms-focused regulator". Links:Our episode with Commissioner Carly Kind https://elevenm.com.au/podcast/episode/107-power-up-your-privacy-with-privacy-commissioner-carly-kind/Oct 2024 Interview with Carly Kind (Mi-3) https://www.mi-3.com.au/09-10-2024/enforcement-mode-privacy-commissioner-carly-kind-takes-aim-widespread-pixel-dataArticle about OAIC staff cuts (InnovationAus) https://www.innovationaus.com/privacy-watchdog-axes-30pc-of-staff/OAIC Corporate Report 2024-25 https://www.oaic.gov.au/about-the-OAIC/our-corporate-information/corporate-plans/corporate-plan-2024-25OAIC restructure report released under FOI https://www.oaic.gov.au/__data/assets/pdf_file/0030/245559/FOIREQ24-00563-Document-for-release.pdfOAIC settlement with Meta https://www.oaic.gov.au/news/media-centre/landmark-settlement-of-$50m-from-meta-for-australian-users-impacted-by-cambridge-analytica-incidentOAIC enforceable undertaking with Oxfam https://www.oaic.gov.au/news/media-centre/oaic-accepts-oxfam-australia-enforceable-undertaking Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

This week we analyse what appears to be a global shift in sentiment away from AI safety.Our discussion is triggered by the AI Action Summit in Paris, where world leaders overtly sought to minimise focus on AI risks and regulation in favour of an acceleration agenda.Links:AI Action Summit (Wikipedia) https://en.wikipedia.org/wiki/AI_Action_SummitReport on AI Action Summit (Politico) https://www.politico.eu/article/ai-action-summit-france-paris-macron-vance-modi-artificial-intelligence-technology/?utm_source=substack&utm_medium=emailAlondra Nelson speech https://www.techpolicy.press/three-fallacies-alondra-nelsons-remarks-at-elyse-palace-on-the-occasion-of-the-ai-action-summit/Tim Hwang on X https://x.com/timhwang/status/1889646392995377534 Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

This week we dive into the hype and fear around DeepSeek, the Chinese AI start-up taking the tech world by storm.We break down the apparent concerns driving the collective freakout over the app, which include bans by various national governments.We also explore the broader takeaways for Australia's AI capability and ecosystem and the responsible AI movement. Links:DeepSeek FAQ (Stratechery)https://stratechery.com/2025/deepseek-faq/Article about DeepSeek market impact (ABC News)https://www.abc.net.au/news/2025-02-02/deepseek-nvidia-financial-markets-frenzy-ai-race/104866302Matt Levine on the links between hedge funds and LLMs (Bloomberg - paywall)https://www.bloomberg.com/opinion/articles/2025-01-27/hedge-fund-ai-is-cheap-aiArticle about DeepSeek being banned from Australian government devices (Guardian)https://www.theguardian.com/technology/2025/feb/04/deepseek-banned-from-australian-government-devices-over-national-security-concernsArticle about DeepSeek censorship (Guardian)https://www.theguardian.com/technology/2025/jan/28/we-tried-out-deepseek-it-works-well-until-we-asked-it-about-tiananmen-square-and-taiwanArticle explaining how DeepSeek censorship works at a technical level (WIRED)https://www.wired.com/story/deepseek-censorship/Casey Newton analysis (Platformer)https://www.platformer.news/deepseek-ai-explainer-china-worries/Article reporting potential shift in Australia's focus on AI safety (InnovationAus - paywall)https://www.innovationaus.com/not-just-the-guardrails-chalmers-shifts-govt-focus-on-ai/Article on Australia's unique AI opportunity (InnovationAus - paywall)https://www.innovationaus.com/deepseek-unearths-australias-ai-opportunity/ Credits:Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.auMusic by Bensound.com

We're back in 2025. In this episode we break down Meta's decision to cease factchecking and permit dehumanising speech on its platforms. We explore the likely motivations and impacts of these changes, and the broader takeaways for Australia. Links: Article about Meta's factchecking changes (Reuters) https://www.reuters.com/technology/meta-ends-third-party-fact-checking-program-adopts-x-like-community-notes-model-2025-01-07/ Analysis of factchecking changes (Platformer) https://www.platformer.news/meta-trump-pivot-messenger-themes-labor-zuckerberg-wishlist/ Detail on Meta's change to dehumanising speech (Platformer) https://www.platformer.news/meta-new-trans-guidelines-hate-speech/?ref=platformer-newsletter Oped on factchecking changes (NYT) https://www.nytimes.com/2025/01/14/opinion/meta-fact-checking-policy.html Article on response to factchecking changes (Guardian) https://www.theguardian.com/australia-news/2025/jan/08/australia-meta-ending-factchecking-facebook-misinformation-sarah-hanson-young Meta explainer on its factchecking https://transparency.meta.com/en-gb/features/how-fact-checking-works/ Meta's marked up Hateful Conduct Policy (Meta) https://transparency.meta.com/en-gb/policies/community-standards/hateful-conduct/ Blog post on why collective understandings on social media can be dangerous (Programmable Mutter) https://www.programmablemutter.com/p/were-getting-the-social-media-crisis Blog post about Zuck's weird 'masculine energy' thing (Unmanned) https://sorayachemaly.substack.com/p/1-masculine-energy-or-the-vengeful Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

For our final episode of 2024, we take an optimistic look at the year that was (after a bit of a throat clearing on the things that bugged us), and what we're looking forward to in 2025. Our conversation covers developments in AI, privacy reform, social media and the growing digital rights community in Australia. We'll be taking a break over the summer holidays and will be back in late January. Links: Essay on revitalising the internet ecosystem (NOEMA) https://www.noemamag.com/we-need-to-rewild-the-internet/ Article about the end of big tech by Signal president (WIRED) https://www.wired.com/story/the-beginning-of-the-end-of-big-tech/   Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com

This week we discuss the Australian Government's plan to make 16 the minimum age to access social media. The plan has broad political support and resonates with many concerned parents, but there's more to it than meets the eye. We discuss the specifics of how the ban will be implemented (with key elements not yet solved and potentially problematic), and interrogate the underlying philosophical approach of banning social media for kids rather than seeking to make the platforms less harmful for everyone.   Links: PM media release on ban https://www.pm.gov.au/media/minimum-age-social-media-access-protect-australian-kids Article about parliamentary inquiry into social media (Guardian) Australian parliamentary inquiry stops short of backing social media ban for under-16s https://www.theguardian.com/technology/2024/nov/18/australian-parliamentary-inquiry-stops-short-of-backing-social-media-ban-for-under-16s Open letter from researchers arguing against the ban https://au.reset.tech/uploads/ACRT-Open-letter-re-social-media-bans.pdf Article about eSafety Commissioner's lack of public support (Crikey) https://www.crikey.com.au/2024/11/19/teen-social-media-ban-esafety-commissioner-julie-inman-grant/#:~:text=When%20Prime%20Minister%20Anthony%20Albanese,in%20rolling%20out%20the%20ban.   Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com

Awareness is growing that the power of many AI tools derives from the fact that they are trained on our personal information. We discuss how regulators (like Australia's OAIC) are now stepping up their expectations that privacy obligations be adhered to by developers and deployers of AI. We also explore the case study of Australian start-up harrison.ai - whose AI tool was trained on hundreds of thousands of medical images - and which recently brought the issue of privacy and AI into the spotlight.   Links: OAIC privacy guidance for GenAI developers https://www.oaic.gov.au/privacy/privacy-guidance-for-organisations-and-government-agencies/guidance-on-privacy-and-developing-and-training-generative-ai-models OAIC privacy guidance for GenAI deployers https://www.oaic.gov.au/privacy/privacy-guidance-for-organisations-and-government-agencies/guidance-on-privacy-and-the-use-of-commercially-available-ai-products Crikey reporting on Harrison.ai and I-MED (Crikey) https://www.crikey.com.au/2024/09/19/patient-scan-data-train-artificial-intelligence-consent/ OAIC blog post about GenAI and personal information https://www.oaic.gov.au/news/blog/can-personal-information-be-used-to-develop-or-train-a-generative-ai-model Article about Harrison.ai (AFR - paywalled) https://www.afr.com/young-rich/the-brothers-making-a-fortune-revolutionising-healthcare-with-ai-20240905-p5k834 Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com

This week on the podcast, our eyes are opened to a remarkable online advertising practice called "real-time bidding". RTB is where an auction involving the sensitive information of online users is initiated as they load up a web page, with advertisers bidding for the space on the page. Recent reports from Reset.Tech Australia and the Irish Council of Civil Liberties reveal the practice has led to the exposure of sensitive information about users - from purchasing habits through to real-time location and insights into their mental health - and is also fuelling scams and national security concerns. We discuss the broader implications of this practice, and the options for managing the risks it poses.   Links:Any Buyer Accepted (Reset.Tech Australia) https://au.reset.tech/news/any-buyer-accepted-unregulated-data-markets-create-personal-security-risks/Australia’s Hidden Security Crisis (Irish Council of Civil Liberties) https://www.iccl.ie/digital-data/australias-hidden-security-crisis/Scam Prevention Framework https://ministers.treasury.gov.au/ministers/stephen-jones-2022/media-releases/albanese-government-unveils-scams-prevention-frameworkArticle about US bill to ban sale of personal data to foreign adversaries (The Verge) https://www.theverge.com/2024/3/20/24106991/house-data-broker-foreign-adversaries-bill-passes   Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com

This week on the podcast, we're looking at a promising development in helping Australian organisations manage AI risks. The Australian Government has released its Voluntary AI Safety Standard, as part of its safe and responsible AI agenda. The Standard features 10 guardrails as a practical blueprint for how Australian organisations can safely and responsibly use and innovate with AI. We provide our take on the Standard and assessment of the challenges in seeing it adopted across the economy. Links: elevenM blog on the Voluntary AI Safety Standard https://elevenm.com.au/blog/breaking-down-the-voluntary-ai-safety-standard/ Voluntary AI Safety Standard https://www.industry.gov.au/publications/voluntary-ai-safety-standard/introduction-standard SAAM - Safe AI made easy for small businesses https://www.saam.com.au/ Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

This week on the podcast, we discuss how the conversation about AI risks seems to be shifting away from the catastrophic, existential, wiping-out-of-humanity type of scenarios. While the X-risk proponents are still out there, media coverage, regulators and the public at large seem to be homing in on more immediate and tangible AI concerns like discrimination, privacy violations, and misinformation – to name a few. We explore the reasons for this shift, which includes the fact that many people now have first-hand experience of many AI products - and their limitations. Links: Article about over-focus on existential risk (Scientific American) https://www.scientificamerican.com/article/we-need-to-focus-on-ais-real-harms-not-imaginary-existential-risks/ Article about ASIC trial (Crikey) https://www.crikey.com.au/2024/09/03/ai-worse-summarising-information-humans-government-trial/ Article about California AI safety bill SB 1047 https://www.politico.com/news/2024/09/29/gavin-veto-ai-safety-bill-00181583 Article about Australia's Voluntary AI Safety Standard (elevenM) https://elevenm.com.au/blog/breaking-down-the-voluntary-ai-safety-standard/ Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

After five years of consultation on privacy reforms, the Federal Government has finally introduced legislation into the parliament. Its been billed by the Attorney General as the "first tranche" and a "first step", with promises of more reforms to come. In this episode, we share our reaction to the bill and break down what's in and what's been left for a later day. We also explore why comprehensive privacy reforms seem so hard to legislate, particularly as the Government seeks to introduce a suite of other tech reforms and obligations on topics such as social media, AI and digital identity. **Correction** - at around 6 minutes in, Jordan says the OAIC's new 'speeding ticket' infringement notices can be up to $62,000. Infringement notices can actually be up to $330,000 for companies. Links:Privacy and Other Legislation Amendment Bill 2024 https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbills%2Fr7249_first-reps%2F0000%22;rec=0#4d76d5260955459fb4aa15467f77172eAttorney General's media release https://www.markdreyfus.com/media/media-releases/better-protection-of-australians-privacy-mark-dreyfus-kc-mp/elevenM analysis of reforms https://elevenm.com.au/blog/its-time-to-uplift-privacy-why-organisations-need-to-act-now-following-new-law-reforms/Article about reforms and reaction (InnovationAus) https://www.innovationaus.com/timid-privacy-reforms-disappoint-industry-and-advocates/OAIC reaction https://www.oaic.gov.au/news/media-centre/oaic-welcomes-first-step-in-privacy-reformsKatharine Kemp reaction (The Conversation) https://theconversation.com/long-overdue-australian-privacy-law-reform-is-here-and-its-still-not-fit-for-the-digital-era-238214 CHOICE on consumer demand for reform https://www.choice.com.au/privacyreform Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com

This week Arj is joined by elevenM’s resident digital ID ‘aficionado’ Brett Watson to discuss all things digital identity. In Episode 85 Jordan and Brett unpacked what a digital ID is, what it can do, and the various services and components that make up a digital ID system. Since then, the Australian Government has passed enabling legislation for its digital identity system and is currently consulting on legislative rules. With the legislation passed, the government is now shifting its focus on digital ID from theory to practice. In a recent speech to the National Press Club, the Minister for Government Services Bill Shorten was raising awareness about the benefits of a digital ID, announcing a proof of concept and pilot of a digital ID capability. In this episode Arj and Brett discuss digital ID’s (steady) progress over the last year, and explore the risks, challenges and misconceptions that are likely to be a feature of the digital ID conversation over the next 12 months. Links: A government explainer on the Digital ID legislation: https://www.digitalidsystem.gov.au/what-is-digital-id/digital-id-act-2024. The transcript of Minister Shorten’s speech at the National Press Club on 13 August 2024: https://ministers.dss.gov.au/speeches/15616. The Australian Strategic Policy Institute’s report - ‘Australia’s new digital ID system: finding the right way to implement it’: https://www.aspi.org.au/report/australias-new-digital-id-system-finding-right-way-implement-it. About Victor Dominello and the government’s myGov advisory group: https://www.innovationaus.com/dominello-to-lead-mygov-advisory-group/. About the discontinued Gov.UK Verify digital ID system: https://trustcloud.tech/blog/collapse-gov-uk-verify-serious-questions-national-id-systems/ Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

This week, Arj is joined by elevenM colleague Jonathan Gadir to explore how the outcome of the upcoming US presidential election between Donald Trump and Kamala Harris might impact tech policy. Drawing on the candidate's statements and constituencies, and the existing commitments of their parties, we explore the potential implications of the November election result on AI, privacy, cyber and tech regulation more broadly. Links: Biden executive order on AI https://www.whitehouse.gov/briefing-room/statements-releases/2023/10/30/fact-sheet-president-biden-issues-executive-order-on-safe-secure-and-trustworthy-artificial-intelligence/ Article about Trump's plans to axe AI exec order (NextGov) https://www.nextgov.com/artificial-intelligence/2024/07/trump-pledges-ax-bidens-ai-executive-order/397905/ Article about Trump's plans for AI (WaPo) https://www.washingtonpost.com/technology/2024/07/16/trump-ai-executive-order-regulations-military/ Article on Harris V Biden on tech policy (Politico) https://www.politico.com/interactives/2024/kamala-harris-joe-biden-platforms/#YG9yzcrKo9 Article about JD Vance warm feelings for FTC https://www.legaldive.com/news/jd-vances-regulatory-romance-with-the-biden-ftc/723236/ Article on Harris v Trump AI policy https://abcnews.go.com/US/wireStory/harris-trump-differ-artificial-intelligence-policy-112390222 Podcast on Silicon Valley being split between the candidates https://podcasts.apple.com/us/podcast/silicon-valleys-political-rifts-are-going-viral/id1500970749?i=1000664348496 Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

This week we're in conversation with Adam Ford, who is Managing Director ANZ for the International Association of Privacy Professionals (full bio below). IAPP is the largest and most comprehensive privacy community around the globe. We have a wide-ranging conversation about the trends and emerging demands on the privacy profession, the role privacy practitioners are playing in AI governance challenges, and how to grow the profession in the future. FULL BIO: Adam Ford leads the IAPP in the ANZ region. With the support of the global IAPP team, this role embeds Adam amongst a rapidly growing community over 83,000 organizational and individual members with privacy, data protection and AI governance at the core of their responsibilities. Prior to this role, Adam has had 25 year’s experience within the public finance, private equity & non-profit sectors. Links: https://iapp.org/ Privacy Governance Report https://iapp.org/resources/article/privacy-governance-report/ AI Governance in Practice Report 2024 https://iapp.org/resources/article/ai-governance-in-practice-report/ Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

This week, Arj is joined by elevenM colleague Jonathan Gadir to discuss the small business exemption to the Privacy Act. The exemption means that businesses with an annual turnover of $3 million or less are generally exempt from complying with the Act. We explore the pros and cons of the exemption, and whether the government is is likely to remove the exemption as part of current reforms to the Privacy Act (as has been proposed). Links: OAIC fact sheet https://www.oaic.gov.au/privacy/privacy-guidance-for-organisations-and-government-agencies/organisations/small-business Mass hack exposes ‘gaping’ hole in small business privacy https://www.innovationaus.com/mass-hack-exposes-gaping-hole-in-small-business-privacy/ Australian Chamber of Commerce and Industry submission opposing change https://consultations.ag.gov.au/integrity/privacy-act-review-report/consultation/view_respondent?_b_index=360&uuId=753662860 Small business owner % in marginal seats https://www.cosboa.org.au/post/2019/05/02/small-business-people-are-voters-too Australian Small Business and Family Enterprise Ombudsman oped on small business exemption https://www.asbfeo.gov.au/media-centre/media-releases/small-businesses-cant-be-held-same-privacy-standards Real estate agents privacy practices https://www.theguardian.com/australia-news/2023/may/19/real-estate-agents-push-back-against-australian-privacy-law-changes-designed-to-protect-personal-data Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

This week, Arj is joined by elevenM colleague Brett Watson to discuss regulators – who they are, what they do, and the influence they have on public policy. The conversation focuses on one regulator in particular – Australia’s privacy regulator, the Office of the Australian Information Commissioner. In a few recent public communications, most notably an opinion piece relating to TikTok’s information handling practices, the (relatively) new Privacy Commissioner Carly Kind appears to be taking a more direct and forceful approach to advocating for law reform than we have typically seen from Australian regulators. Arj and Brett embrace their ‘policy wonk’ tendencies, unpacking a range of political, economic and social factors that help to explain the approaches that regulators take. Links: Commissioner Kind’s opinion piece about TikTok and social media organisations harvesting data (paywall) https://www.theaustralian.com.au/business/technology/new-laws-needed-to-stop-tiktok-and-other-social-media-giants-harvesting-data-privacy-commissioner-carly-kind/news-story/186676ee74ad7378d9a82b465a976cc5 The OAIC’s media release following filing civil penalty proceedings in the Federal Court against Medibank https://www.oaic.gov.au/newsroom/oaic-takes-civil-penalty-action-against-medibank Sydney Morning Herald opinion piece on the Medibank proceedings https://www.smh.com.au/business/companies/medibank-on-the-hook-for-trillions-but-there-s-more-at-stake-than-money-20240604-p5jj62.html A recording of the OAIC’s appearance at Senate Estimates on 29 May 2024 (the OAIC’s appearance starts at 19:29:30) https://www.aph.gov.au/News_and_Events/Watch_Read_Listen/ParlView/video/2488552 Commissioner Kind appearing on the ANU Tech Policy Design Centre’s ‘Tech Mirror’ podcast, discussing the remit of her role, priorities for law reform, the TikTok matter, Digital ID and privacy as a check and balance on power https://podcasts.apple.com/au/podcast/tech-mirror/id1598491978?i=1000660836306 Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

This week we're in conversation with Chandni Gupta, Deputy CEO and Digital Policy Director of the Consumer Policy Research Centre (see below for her full bio). The CPRC is Australia’s only dedicated consumer policy think tank. Our conversation with Chandi explores how the concept of product safety applies to digital products, and the ways in which the constant push towards more frictionless online interactions is potentially undermining safe and fair consumer outcomes. And why "more consumer education" is not necessarily the answer. We also get into Chandni's research into "dark patterns" or online deceptive design, for which she has recently received a Churchill Fellowship. Chandni Gupta full bio: Chandni Gupta is the Deputy CEO and Digital Policy Director of Consumer Policy Research Centre (CPRC) – Australia’s only dedicated consumer policy think tank. Chandni leads CPRC’s research and policy program, while also leading CPRC’s research stream on protecting consumers in a digital world. Her work to date includes exploring the consumer shift from the analogue towards the digital economy, the impact of deceptive and manipulative online design, prevalence of greenwashing on social media and the key gaps that currently exist in Australia’s consumer protections. She also recently received a Churchill Fellowship following her research and policy work on dark patterns. Prior to CPRC, Chandni has worked in state and federal agencies, including the Australian Competition and Consumer Commission and has worked internationally both at the United Nations and the OECD. Links: https://cprc.org.au/ https://www.churchilltrust.com.au/fellow/chandni-gupta-vic-2023/ Singled Out report https://cprc.org.au/wp-content/uploads/2024/02/CPRC-Singled-Out-Final-Feb-2024.pdf FTC statement on price fixing https://www.ftc.gov/business-guidance/blog/2024/03/price-fixing-algorithm-still-price-fixing Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

Is there anything about you on the internet you wish you could take down? This week Arj is joined by Jonathan Gadir to discuss the "right to be forgotten" or "right to erasure" - a provision in data protection regulations overseas that is being considered as part of the reforms to the Australian Privacy Act. Overseas, the right has enabled individuals to have newspaper articles about them de-indexed from search engines. We discuss the merits of the right, competing values like freedom of expression, and the prospect of it being implemented in Australia.   Links:Art. 17 GDPR: Right to erasure https://gdpr-info.eu/art-17-gdpr/ Explainer: Right to be forgotten https://gdpr.eu/right-to-be-forgotten/ Article about pros and cons of right to be forgotten (LSJ Online) https://lsj.com.au/articles/the-right-to-be-forgotten/ Article about Google no longer notifying publishers (Guardian) https://www.theguardian.com/technology/2024/feb/15/google-stops-notifying-publishers-of-right-to-be-forgotten-removals-from-search-results Stats and examples of Google delisting content https://transparencyreport.google.com/eu-privacy/overview Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

Dr Katharine Kemp (bio below) is an Associate Professor at the Faculty of Law & Justice, UNSW Sydney, and Deputy Director of the Allens Hub for Technology, Law and Innovation. In this conversation, we explore how privacy and competition policy concerns are increasingly coming together, particularly in actions underway against tech giants like Meta and Apple. We also discuss Dr Kemp's recent research (with the CPRC) into the level of control and understanding consumers have about how their information is collected and used. Dr Katharine Kemp - FULL BIO Dr Katharine Kemp is an Associate Professor at the Faculty of Law & Justice, UNSW Sydney, and Deputy Director of the Allens Hub for Technology, Law and Innovation. Katharine’s research focuses on competition, consumer protection and data privacy regulation, particularly the intersection of these areas. She has published widely in these fields and is frequently sought out to consult with industry, regulators and policymakers. In 2023, she received the Australian Financial Review Higher Education Emerging Leader Award acknowledging the transformational impact of her work. Her advisory roles have included representing Australia as a Non-Government Advisor to the International Competition Network, and acting as a Member of the Advisory Board of the Future of Finance Initiative in India and the Expert Panel of the Consumer Policy Research Centre. She also teaches and convenes courses in Data Privacy Law; Fintech; and Contracts at UNSW Law. Katharine previously practised as a commercial lawyer at major law firms and as a barrister at the Melbourne Bar, and consulted to the Competition Commission of South Africa during the six years that she lived and worked in South Africa. Links: Associate Professor Katharine Kemp https://www.unsw.edu.au/staff/katharine-kemp Singled Out: joint research by UNSW and CPRC https://cprc.org.au/wp-content/uploads/2024/02/CPRC-Singled-Out-Final-Feb-2024.pdf Article on decision against Meta by Bundeskartellamt (NY Times) https://www.nytimes.com/2023/07/04/business/meta-germany-data.html Article on US DOJ action against Apple (The Verge) https://www.theverge.com/2024/3/21/24105363/apple-doj-monopoly-lawsuit Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

This week, Jordan is joined by elevenM colleague Jonathan Gadir to break down the stoush between Elon Musk and Australia's eSafety Commissioner. In recent weeks, Musk and his platform X have resisted calls to globally remove content related to a stabbing event in Sydney in April. The standoff has opened up a conversation about the merits of regulating so-called harmful online content, and the extent to which doing so impinges on free speech. Jordan and Jonathan debate the merits of the eSafety Commissioner's actions and its powers, the feasibility of the global takedown requests, and the potential future consequences of these orders.   Links: Article about Federal Court rejecting call to extend blocking injunction https://www.sbs.com.au/news/article/elon-musks-x-will-no-longer-be-forced-to-remove-videos-of-wakeley-church-stabbing/t8lvlk26r Media Watch piece https://www.abc.net.au/mediawatch/episodes/musk/103781898 Online Safety Act https://www.esafety.gov.au/newsroom/whats-on/online-safety-act Key elements of Online Safety Act https://www.infrastructure.gov.au/media-technology-communications/internet/online-safety/current-legislation   Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com

In this special episode for Privacy Awareness Week, Jordan sits down with Australia’s Privacy Commissioner Carly Kind. It's a great chat, covering the Commissioner's first impressions of the role, her professional background and how it shapes her approach, her regulatory priorities and what she hopes to achieve as Privacy Commissioner, and of course the PAW theme - what it's all about and how you can get involved. Links Privacy Awareness Week 2024 https://paw.gov.au/   Credits Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

It feels a little like déjà vu, but this week we discuss the US's newest, best candidate for a federal privacy law - the American Privacy Rights Act. With bipartisan and bicameral support for the draft law the mood is cautiously optimistic, though there's a very long way to go. We'll discuss what Australia can learn from the more novel elements of the proposed new law, and we'll explore how the growing policy focus on managing online harms is driving recognition of the need for strong privacy regulation, and we'll unpack how the issue of pre-emption (or overriding of state privacy laws) can be both the biggest driver and the biggest challenge for the bill.   Links A good overview of the American Privacy Rights Act (TechPolicy.Press) https://www.techpolicy.press/the-american-privacy-rights-act-of-2024-explained-what-does-the-proposed-legislation-say-and-what-will-it-do/ Summary and comparison to the 2022 privacy bill from a pro innovation think tank (ITIF) https://itif.org/publications/2024/04/10/privacy-bill-faceoff-comparing-the-apra-and-adppa/ Electronic Frontier Foundation's assessment (EFF) https://www.eff.org/deeplinks/2024/04/americans-deserve-more-current-american-privacy-rights-act A list of the very many sectoral privacy laws in the US (EPIC) https://epic.org/issues/privacy-laws/united-states/ US State Privacy Law Tracker (IAPP) https://iapp.org/resources/article/us-state-privacy-legislation-tracker/   Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

News feeds, search results, directions across town, even job or rental applications - opaque algorithms determine an increasingly large proportion of our lives. In the US, the Federal Trade Commission is going after landlords for using algorithms to illegally fix rental prices. Back home, a secret algorithm determines how detainees in immigration detention are treated. Through the lens of these two recent news stories, we explore the consequences of an increasingly algorithmically determined world and how algorithms can provide a false air of objectivity, giving cover for bad behaviour, bias or other errors. Links: FTC statement on price fixing by algorithm https://www.ftc.gov/business-guidance/blog/2024/03/price-fixing-algorithm-still-price-fixing Guardian article about algorithmic risk-ratings for Serco immigration detainees https://www.theguardian.com/australia-news/ng-interactive/2024/mar/13/serco-australia-immigration-detention-network-srat-tool-risk-rating-ntwnfb ACCC v Trivago - misleading customers about their ranking algorithm https://www.accc.gov.au/media-release/trivago-to-pay-447-million-in-penalties-for-misleading-consumers-over-hotel-room-rates Rod Sims 2017 speech on algorithms https://www.accc.gov.au/media-release/new-competition-laws-a-protection-against-big-data-e-collusion Comments on ADM by NSW OMbudsman (InnovationAus) https://www.innovationaus.com/automated-decisioning-sweeps-across-nsw-govt/ CHOICE report on RentTech in Australia https://www.choice.com.au/consumers-and-data/data-collection-and-use/how-your-data-is-used/articles/choice-renttech-report-release Algorithmic bias in sentencing (Pro Publica) https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing   Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

This week we break down the US Department of Justice's suit against Apple, claiming the tech giant is engaging in unlawful behaviour. In particular we examine the DOJ's charge that Apple has long justified anti-competitive behaviour on the basis of claims about better privacy and security. The suit raises interesting questions about the the tradeoffs between privacy and competition, and the best way to regulate tech platforms. Links:DOJ filing https://www.justice.gov/opa/pr/justice-department-sues-apple-monopolizing-smartphone-marketsArticle summarising the DOJ's suit (The Verge) https://www.theverge.com/24107581/doj-v-apple-antitrust-monoply-news-updatesArticle about the security benefits of Apple's approach (The Verge) https://www.theverge.com/2024/4/2/24107719/iphone-security-apple-doj-monopoly-antitrust-lawsuitArticle about "green bubble stigma" (NPR) https://www.npr.org/2024/03/28/1241473453/why-green-text-bubble-stigma-is-part-of-the-anti-trust-case-against-appleStrategy Credit (Stratechery) https://stratechery.com/2013/strategy-credit/Article about Apple telling Jon Stewart not to interview Lina Khan (Guardian) https://www.theguardian.com/media/2024/apr/02/jon-stewart-interview-lina-khan-apple   Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com

This week on the podcast we analyse a US plan to force TikTok owner ByteDance to divest or sell the platform, or be banned from US platforms. The move - strongly supported by the US House of Representatives - follows years of proposed plans and attempts to ban TikTok in various ways. We unpack the concerns about the wildly popular social media platform, and explore criticisms of the ban ranging from its likely ineffectiveness in preventing Chinese data collection to the claims of hypocrisy.   Links: Article about US Congress bill to force divesture of TikTok (Guardian) https://www.theguardian.com/technology/2024/mar/13/house-passes-tiktok-bill-ban#:~:text=The%20House%20of%20Representatives%20passed,favor%20and%20only%2065%20against. Article about analysts describing China's proposed intent to reshape global public opinion (AFR) https://www.afr.com/world/asia/tiktok-can-radically-reshape-global-opinion-security-adviser-warns-20231205-p5ep6l Article about data brokers bill (Politico) https://www.politico.com/news/2024/03/26/biden-administration-tiktok-data-practices-00149139?mkt_tok=MTM4LUVaTS0wNDIAAAGSH9l90fDDEaaVJnu43JPpYnTR2PTq3r16bfNsLEfeJITr9Y4MMkdVK2rkw39S1p4RdnPoj7bTixTwQnshW3r5rIHnKurST3jfuv-_ovReTx94 Article sceptical of impact of TikTok ban (Scientific American) https://www.scientificamerican.com/article/tiktok-ban-data-privacy-security/Samantha Floreani oped on TikTok ban (Guardian) https://www.theguardian.com/commentisfree/2024/mar/20/the-tiktok-ban-moral-panic-usa-senate-protect-us-tech-hegemony-china The German tongue twister song that's been all over Jordan's TikTok https://www.tiktok.com/@colortalkcreations/video/7339989417165163809 Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

This week Jordan asks Dr James Meese to explain Meta's announcement that it doesn’t intend to renew the commercial deals it made with Australian media companies under the News Media Bargaining Code.   Dr Meese (full bio below) is an Associate Professor at RMIT University, where he researches personalisation and recommendation in the news media sector and has recently published a book examining the complex relationship between Digital Platforms and the Press (link below).   James talks us through some of the history and the limits of the News Media Bargaining Code, how algorithms and platform dynamics have impacted news, and the policy challenges of ensuring a sustainable future for journalism.   James Meese Bio James Meese is an Associate Professor at RMIT University and an Associate Investigator with the ARC Centre of Excellence for Automated Decision Making and Society. He has been awarded a Future Fellowship from the Australian Research Council to investigate personalisation and recommendation in the news media sector. James has received research funding from the Australian Research Council, Meta, the International Association of Privacy Professionals and the Australian Communications Consumer Action Network. He regularly publishes work in leading media and communication journals and his most recent book is Digital Platforms and the Press (Intellect).   Links Digital Platforms and the Press (James' excellent book - available for free online) https://www.intellectbooks.com/digital-platforms-and-the-press Facebook's withdrawal from news (The Verge) https://www.theverge.com/2024/2/29/24087220/facebook-news-tab-united-states-australia Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com