The Good, the Bad and the Ugly
of Copyright and Privacy
Charles Mok
Legislative Councillor
(Information Technology)
Sharing @ Dept. of Computer Science, HKBU
2016.3.22
Do you have one of these?
What
about
this?
Imagine...a government wants a way to
crack the PIN to all digital lock available
for fighting crime
Update 22 March:
Court Postpones Hearing in
Apple v. FBI
...but FBI says it may be able to access shooter's iPhone
without Apple's help
Copyright
Privacy and Security
Free flow of information
Some of the biggest IT related debates of our times...
What is the importance of copyright and why it should be protected?
...to create an environment where creativity can flourish and hard work of creators can be rewarded
Innovation and creativity needs to be protected...
Balance the interest of intellectual property rights owners and the society as a whole
Copyright and innovation in the digital environment
Why do internet users oppose to the
2014 Copyright Amendment Bill?
'Reasonable'
uses of copyright works
What is acceptable has shifted with
technology and internet culture
Netizens' fear: new excemptions not sufficient to cover online activities
Who are involved here?
Traditional rights-holders
- film industry
- music industry
...
Intermediaries
- ISPs
- online platform operators
...
Government
- CEDB (bureau)
- IPD (deparment)
Internet users/netizens
- Copyright & Derivative Works Alliance
- Keyboard Frontline
Copyright law reform in the works since 2006...
Right of Communications
with criminal sanctions
to be introduced
i.e. technology-neutral exclusive right for copyright owners to communicate their works through any mode of electronic transmission.
Main proposed changes in 2014 amendment Bill
- Clarified threshold for criminal liability for copyright infringement
- New fair dealing exceptions (parody, satire, commenting current affairs, quotation, media shifting etc)
- 'Safe harbour' for internet service providers (ISPs)
What was happening in the
Legislative Council
in the past months?
Netizens proposes more open exemptions based on the Bill
new exemptions
Government, legislators, rights-holders, advocacy groups, lawyers weighed in
How can copyright laws advance with digital innovations while protecting creativity and freedom of expression?
Individuals must continue to speak up
When did we begin to care about privacy?
Almost 130 years ago.
December 1890
Essay “The Right to Privacy” in Harvard Law Review Vol IV
Fast forward to 2016
We give our info our with every free service online, all the time.
Our phone knows everything...
What has Edward Snowden changed?
May be nothing... but the way we talk about surveillance, privacy and oversight.
How is privacy protected in Hong Kong?
Personal Data (Privacy) Ordinance (Cap. 486)
enforcement agency:
Data privacy law in HK:
Personal Data (Privacy) Ordinance (Cap. 486)
What about in China?
Awareness in privacy increasing...
How important is free flow of information to citizens?
What does it mean?
This is our system
not a Freedom of Information Law
Quarterly report, no datasets, no portal, no transparency...
US govt publishes
Freedom of Information Law data to public
Some IT folks in HK came up with an idea:
Crowdsourcing requests to make them public & searchable
(and you can volunteer and help translate this website!)
文件要立檔、存檔，才有確實證據存在，
是問責的主要基礎...沒有檔案法，人民繼續無知，政府則繼續無法無天。
前任檔案處處長
朱福強
Why are public archives important for society?
protect information to know, accountability and helps uphold freedom of the press
How does our legal system affect the development of IT?
Innovaton VS Regulation:
Enabling or Restricting?
A balancing act
Charles Mok 莫乃光
charlesmok@charlesmok.hk
Thanks!
www.charlesmok.hk