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To be or not to be (connected)- The right to be (dis)connected

Jasna Čošabić, PhD

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From the proclaimed right to be connected to the evolving right to be disconnected, only few years have passed. However in internet sphere, prompted by the fast developing world of technologies, law has to catch up as well.

As from 1 January 2017, France has made effective the law which provides that companies with more then 50 employees should establish hours when staff should not send or answer emails. The law comes as a response to increasingly present praxis that workers, after leaving their place of work, actually stay at work, but this time, through their various electronic devices, being obliged to check on their mail, respond and eventually work from home, during the time that should be their private time dedicated to their private life and family. Health and psychology experts were very much concerned about the consequences such connectivity may have on health and personality of workers, who were thus not able to close the door of their office completely at the end of their working day.

So what happened between the right to be connected and the right to be disconnected?

Back in 2010, it was a great breakthrough into the freedom of expression in ‘online’ context when Finland, being a pioneer, provided its citizens with the legal right to access a 1 Mbps (megabit per second) broadband connection. It led to broadband access being included in basic communications servers, like telephone and postal services, and making Finland first country to provide for such a right.

Soon thereafter, in May 2011, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, in his Report, made a step further towards the protection of right to expression online, acknowledging that ‘the Internet has become a key means by which individuals can exercise their right to freedom of opinion and expression, as guaranteed under Article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights’ . A huge step was made in the new digital era when the classic human rights instruments have spread their effects to ‘online’ sphere as well.

The above Report pointed out two segments of the right to internet which would enable individuals to exercise their right to internet:

•Access to online content, and

•Availability of the necessary infrastructure and information communication technologies

The problem of access to internet would include arbitrary blocking or filtering of content, with the exception of legitimate grounds of state interference, criminalization of legitimate expression, imposition of intermediary liability, disconnecting users from internet access, cyber attacks and inadequate protection of the right to privacy and data protection.

Countries worldwide have provided for the access to fast internet, and the technology has adequately responded with the storming of devices that provide such access.

Internet may be one of the most important instruments of the 21st century. It appears that in 2016, there were 46.1% of internet users globally. . The United Nations Human Rights Council has in 2016 passed a resolution for the promotion, protection, and enjoyment of human rights on the internet, as a logical sequence to its resolution on internet access in 2012 and 2014. It provided that the same rights that people have offline must also be protected online, which in particular concerned the freedom of expression, that is applicable regardless of frontiers and through any media of one’s choice. It has recognized the global and open nature of the Internet as a driving force in accelerating progress towards development in its various forms.

However, the globally prevailing access to internet raised some legal concerns of being constantly online. They concern, in particular, the work-home balance, and relying back to some long ago established principles such as work hours, absence, annual leave etc.

A year ago, the European Court of Human Rights (‘the ECtHR’), in the case of Barbulescu v. Romania, has dealt with the question of whether an employer is entitled to look into his employee’s private messages at Yahoo Messenger, written during the working time. The employer monitored and made transcript of messages made at the Yahoo Messenger account that was created at the employer’s request for the purposes of contacts with clients, but the transcript also contained five short messages that Mr. Barbulescu, the employee, exchanged with his fiancée using a personal Yahoo Messenger account. The ECtHR found no violation of the right to respect the private life by such actions of the employer, having in mind, inter alia, that the company did adopt internal rules according to which it was strictly forbidden to use computers, photocopiers, telephones, telex and fax machines for personal purposes.

This case alerted employees and employers worldwide, as to the right of the employers to monitor private messages made using the internet during work hours in certain circumstances, and employees at the same time, to abstain from it.

However the issue which exists vice-versa, and which was not addressed at that time, is the question of whether an employer has the right to request his employee to be connected, and to stay online, outside of working hours. If so, does that time count as overtime? Is it to be considered as ‘work from home’? Does that interfere with the right to leave / rest between two working days. What may be the psychological effects of being constantly ‘on call’? How that affects the health?

The first act on labour standards that International Labour Organization adopted was the Convention Limiting the Hours of Work in Industrial Undertakings to Eight in the Day and Forty-eight in the Week (Entry into force: 13 Jun 1921). The international labour standards, such as the need to protect workers’ health and safety by providing adequate periods of rest and recuperation, including weekly rest and paid annual leave, may appear affected by the overuse of internet technologies. Some companies adopted flexible working hours and flexible place of work. But one should be concerned that these temporal flexibility and spatial flexibility, does not diminish workers’ rights that took so long to be established.

So first came the right to internet, or the right to be connected. Later, followed by the development of technologies, social online interactions, came the right of employers to review employees private messages and correspondence during work hours. Then, starting in France, came finally the right not to be connected. If a person cannot communicate privately during work hours, then he should not communicate for work, during private hours.

The ratio work/private life, has its long history and was cause of many social revolutions which have resulted in decrease of working hours, right to free time between two working days, right to annual leave, and the scope of overtime. France is the best example of when we should say stop to technologies, for the preservation of basic human rights.

The new French law means a small but important victory of human rights over IT, and a victory of workers’ rights and rights to privacy over IT technologies and smart communications. How that victory will influence further developments in labour law when speaking of its online element, remains to be seen.

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Quantum Technologies Flagship kicks off with first 20 projects

MD Staff

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The Quantum Technologies Flagship, a €1 billion initiative, was launched today at a high-level event in Vienna hosted by the Austrian Presidency of the Council of the EU.

The Flagship will fund over 5,000 of Europe’s leading quantum technologies researchers over the next ten years and aims to place Europe at the forefront of the second quantum revolution. Its long term vision is to develop in Europe a so-called quantum web, where quantum computers, simulators and sensors are interconnected via quantum communication networks. This will help kick-starting a competitive European quantum industry making research results available as commercial applications and disruptive technologies. The Flagship will initially fund 20 projects with a total of €132 million via the Horizon 2020 programme, and from 2021 onwards it is expected to fund a further 130 projects. Its total budget is expected to reach €1 billion, providing funding for the entire quantum value chain in Europe, from basic research to industrialisation, and bringing together researchers and the quantum technologies industry.

Andrus Ansip, Commission Vice-President for the Digital Single Market, said: “Europe is determined to lead the development of quantum technologies worldwide. The Quantum Technologies Flagship project is part of our ambition to consolidate and expand Europe’s scientificexcellence. If we want to unlock the full potential of quantum technologies, we need to develop a solid industrial base making full use of our research.”

Mariya Gabriel, Commissioner for Digital Economy and Society, added: “The Quantum Technologies Flagship will form a cornerstone of Europe’s strategy to lead in the development of quantum technologies in the future.  Quantum computing holds the promise of increasing computing speeds by orders of magnitude and Europe needs to pool its efforts in the ongoing race towards the first functional quantum computers.”

In the early 20th century, the first quantum revolution allowed scientists to understand and use basic quantum effects in devices, such as transistors and microprocessors, by manipulating and sensing individual particles.

The second quantum revolution will make it possible to use quantum effects to make major technological advances in many areas including computing, sensing and metrology, simulations, cryptography, and telecommunications. Benefits for citizens will ultimately include ultra-precise sensors for use in medicine, quantum-based communications, and Quantum Key Distribution (QKD) to improve the security of digital data. In the long term, quantum computing has the potential to solve computational problems that would take current supercomputers longer than the age of the universe. They will also be able to recognise patterns and train artificial intelligence systems.

Next steps

From October 2018 until September 2021, 20 projects will be funded by the Flagship under the coordination of the Commission. They will focus on four application areas – quantum communication, quantum computing, quantum simulation, quantum metrology and sensing – as well as the basic science behind quantum technologies. More than one third of participants are industrial companies from a wide range of sectors, with a large share of SMEs.

Negotiations are ongoing between the European Parliament, Council and Commission to ensure that quantum research and development will be funded in the EU’s multi-annual financial framework for 2021-2028. Quantum technologies will be supported by the proposed Horizon Europe programme for research and space applications, as well as the proposed Digital Europe programme, which will develop and reinforce Europe’s strategic digital capacities, supporting the development of Europe’s first quantum computers and their integration with classical supercomputers, and of a pan-European quantum communication infrastructure.

Background

Since 1998, the Commission’s Future and Emerging Technologies (FET) programme has provided around €550 million of funding for quantum research in Europe. The EU has also funded research on quantum technologies through the European Research Council (ERC). Only since 2007, the ERC has funded more than 250 research projects related to quantum technologies, worth some 450 million euro.

The Quantum Technologies Flagship is currently supported by Horizon 2020 as part of the FET programme, which currently runs two other Flagships (The Graphene Flagship and the Human Brain Project Flagship). The FET programme promotes large-scale research initiatives to drive major scientific advances and turn them into tangible innovations creating benefits for the economy and society across Europe. Funding for the Flagship project comes from Horizon 2020, its successor programme Horizon Europe and national funding.

The Quantum Technologies Flagship is also a component of the Commission’s European Cloud Initiative launched in April 2016, as part of a series of measures to support and link national initiatives for the digitisation of Europe’s industry.

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Russiagate and the current challenges of cyberspace: Interview with Elena Chernenko

MD Staff

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PICREADI presents an interview with a prominent Russian expert in journalism and cybersecurity Elena Chernenko, Deputy head of Foreign Desk at the Kommersant daily newspaper in Moscow. The talk is about hackers, Russiagate and current challenges of the cyberspace.

 

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Asia Needs a Region-Wide Approach to Harness Fintech’s Full Potential

MD Staff

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The importance of a region-wide approach to harness the potentials of fintech was emphasized at the High-Level Policy Dialogue: Regional Cooperation to Support Innovation, Inclusion and Stability in Asia on 11 October in Bali, Indonesia. Photo: ADB

Asia’s policy makers should strengthen cooperation to harness the potential of new financial technologies for inclusive growth. At the same time, they should work together to ensure they can respond better to the challenges posed by fintech.

New technologies such as mobile banking, big data, and peer-to-peer transfer networks are already extending the reach of financial services to those who were previously unbanked or out of reach, boosting incomes and living standards. Yet, fintech also comes with the risk of cyber fraud, data security, and privacy breaches. Disintermediation of fintech services or concentration of services among a few providers could also pose a risk to financial stability.

These and other issues were discussed at the High-Level Policy Dialogue on Regional Cooperation to Support Innovation, Inclusion, and Stability in Asia, organized by the Asian Development Bank (ADB), Bank Indonesia, and the ASEAN+3 Macroeconomic Research Office (AMRO).

The panel comprised Ms. Neav Chanthana, Deputy Governor of the National Bank of Cambodia; Mr. Diwa Guinigundo, Deputy Governor of Bangko Sentral ng Pilipinas; Ms. Mary Ellen Iskenderian, President and Chief Executive Officer of Women’s World Banking; Mr. Ravi Menon, Managing Director of the Monetary Authority of Singapore; Mr. Takehiko Nakao, President of ADB; Mr. Abdul Rasheed, Deputy Governor, Bank Negara Malaysia, and Mr. Veerathai Santiprabhob, Governor of the Bank of Thailand. Mr. Mirza Adityaswara, Senior Deputy Governor of Bank Indonesia, gave the opening remarks at the conference and Ms. Junhong Chang, Director of AMRO, gave the welcome remarks.

“Rapidly spreading new financial technologies hold huge promise for financial inclusion,” said Mr. Nakao. “We must foster an enabling environment for the technologies to flourish and strengthen regional cooperation to build harmonized regulatory standards and surveillance systems to prevent international money laundering, terrorism financing, and cybercrimes.”

“Technology is an enabler that weaves our economies and financial systems together, transmitting benefits but also risks across borders,” said Ms. Chang. “Given East Asia’s rapid economic growth, understanding and managing the impact of technology in our financial systems is essential for policymakers to maintain financial stability.”

“Asia, including Indonesia, is an ideal place for fintech to flourish,” said Mr. Adityaswara. “In Indonesia’s case, there are more than a quarter of a billion people living on thousand of islands, waiting to be integrated with the new technology; young people eager to enter the future digital world; more than fifty million small and medium-sized enterprises which can’t wait to get on board with e-commerce; a new society driven by a dynamic, democratic middle class which views the digital economy as something as inevitable as evolution.”

Despite Asia’s high economic growth in recent years, the financial sector is still under-developed in some countries. Fewer than 27% of adults in developing Asia have a bank account, well below the global median of 38%. Meanwhile, just 84% of firms have a checking or savings account, on a par with Africa but below Latin America’s 89% and emerging Europe’s 92%.

Financial inclusion could be increased through policies to promote financial innovation, by boosting financial literacy, and by expanding and upgrading digital infrastructure and networks. Regulations to prevent illegal activities, enhance cyber security, and protect consumers’ rights and privacy, would also build confidence in new financial technologies.

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