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Europe’s PEPP-PT COVID-19 contacts tracing standard push could be squaring up for a fight with Apple and Google

A coalition of EU scientists and technologists that’s developing what’s billed as a “privacy-preserving” standard for Bluetooth-based proximity tracking, as a proxy for COVID-19 infection risk, wants Apple and Google to make changes to an API they’re developing for the same overarching purpose.
The Pan-European Privacy-Preserving Proximity Tracing (PEPP-PT) uncloaked on April 1, calling for developers of contact tracing apps to get behind a standardized approach to processing smartphone users’ data to coordinate digital interventions across borders and shrink the risk of overly intrusive location-tracking tools gaining momentum as a result of the pandemic.
PEPP-PT said today it has seven governments signed up to apply its approach to national apps, with a claimed pipeline of a further 40 in discussions about joining.
“We now have a lot of governments interacting,” said PEPP-PT’s Hans-Christian Boos, speaking during a webinar for journalists. “Some governments are publicly declaring that their local applications will be built on top of the principles of PEPP-PT and also the various protocols supplied inside this initiative.
“We know of seven countries that have already committed to do this — and we’re currently in conversation with 40 countries that are in various states of onboarding.”
Boos said a list of the governments would be shared with journalists, though at the time of writing we haven’t seen it. But we’ve asked PEPP-PT’s PR firm for the info and will update this report when we get it.
“The pan-European approach has worked,” he added. “Governments have decided at a speed previously unknown. But with 40 more countries in the queue of onboarding we definitely have outgrown just the European focus — and to us this shows that privacy as a model and as a discussion point… is a statement and it is something that we can export because we’re credible on it.”
Paolo de Rosa, the CTO at the Ministry of Innovation Technology and Digital Transformation for the Italian government, was also on the webinar — and confirmed its national app will be built on top of PEPP-PT.
“We will have an app soon and obviously it will be based on this model,” he said, offering no further details.
PEPP-PT’s core “privacy-preserving” claim rests on the use of system architectures that do not require location data to be collected. Rather devices that come near each other would share pseudonymized IDs — which could later be used to send notifications to an individual if the system calculates an infection risk has occurred. An infected individual’s contacts would be uploaded at the point of diagnosis — allowing notifications to be sent to other devices with which had come into contact.
Boos, a spokesman for and coordinator of PEPP-PT, told TechCrunch earlier this month the project will support both centralized and decentralized approaches. The former meaning IDs are uploaded to a trusted server, such as one controlled by a health authority; the latter meaning IDs are held locally on devices, where the infection risk is also calculated — a backend server is only in the loop to relay info to devices.
It’s just such a decentralized contacts tracing system that Apple and Google are collaborating on supporting — fast-following PEPP-PT last week by announcing a plan for cross-platform COVID-19 contacts tracing via a forthcoming API and then a system-wide (opt-in) for Bluetooth-based proximity tracking.
That intervention, by the only two smartphone platforms that matter when the ambition is mainstream adoption, is a major development — putting momentum behind decentralized contacts tracing for responding digitally to the coronavirus crisis in the Western world, certainly at the platform level.
In a resolution passed today the European parliament also called for a decentralized approach to COVID-19 proximity tracking.
MEPs are pushing for the Commission and Member States to be “fully transparent on the functioning of contact tracing apps, so that people can verify both the underlying protocol for security and privacy and check the code itself to see whether the application functions as the authorities are claiming.” (The Commission has previously signaled a preference for decentralization too.)
However, backers of PEPP-PT, which include at least seven governments (and the claim of many more), aren’t giving up on the option of a “privacy-preserving” centralized option — which some in their camp are dubbing “pseudo-decentralized” — with Boos claiming today that discussions are ongoing with Apple and Google about making changes to their approach.
As it stands, contacts tracing apps that don’t use a decentralized infrastructure won’t be able to carry out Bluetooth tracking in the background on Android or iOS — as the platforms limit how general apps can access Bluetooth. This means users of such apps would have to have the app open and active all the time for proximity tracking to function, with associated (negative) impacts on battery life and device usability.
There are also (intentional) restrictions on how contacts tracing data could be centralized, as a result of the relay server model being deployed in the joint Apple-Google model.
“We very much appreciate that Google and Apple are stepping up to making the operating system layer available — or putting what should be the OS actually there, which is the Bluetooth measurement and the handling of crypto and the background running of such tasks which have to keep running resiliently all the time — if you look at their protocols and if you look at whom they are provided by, the two dominant players in the mobile ecosystem, then I think that from a government perspective especially, or from lots of government perspectives, there are many open points to discuss,” said Boos today.
“From a PEPP-PT perspective there are a few points to discuss because we want choice and implementing choice in terms of model — decentralized or centralized on top of their protocol creates actually the worst of both worlds — so there are many points to discuss. But contrary to the behavior that many of us who work with tech companies are used to Google and Apple are very open in these discussions and there’s no point in getting up in arms yet because these discussions are ongoing and it looks like agreement can be reached with them.”
It wasn’t clear what specific changes PEPP-PT wants from Apple and Google — we asked for more detail during the webinar but didn’t get a response. But the group and its government backers may be hoping to dilute the tech giants’ stance to make it easier to create centralized graphs of Bluetooth contacts to feed national coronavirus responses.
As it stands, Apple and Google’s API is designed to block contact matching on a server — though there might still be ways for governments (and others) to partially work around the restrictions and centralize some data.
We reached out to Apple and Google with questions about the claimed discussions with PEPP-PT. At the time of writing, neither had responded.
As well as Italy, the German and French governments are among those that have indicated they’re backing PEPP-PT for national apps — which suggests powerful EU Member States could be squaring up for a fight with the tech giants, along the lines of Apple versus the FBI, if pressure to tweak the API fails.
Another key strand to this story is that PEPP-PT continues to face strident criticism from privacy and security experts in its own backyard — including after it removed a reference to a decentralized protocol for COVID-19 contacts tracing that’s being developed by another European coalition, comprised of privacy and security experts, called DP-3T.
Coindesk reported on the silent edit to PEPP-PT’s website yesterday.
Backers of DP-3T have also repeatedly queried why PEPP-PT hasn’t published code or protocols for review to-date — and even gone so far as to dub the effort a “trojan horse.”

#DP3T entered as a candidate to so-called PEPP-PT in good faith, but it is now clear that powerful actors pushing centralised databases of Bluetooth contact tracing do not, and will not, act in good faith.
PEPP-PT is a Trojan horse.
— Michael Veale (@mikarv) April 16, 2020

ETH Zürich’s Dr. Kenneth Paterson, who is both a part of the PEPP-PT effort and a designer of DP-3T, couldn’t shed any light on the exact changes the coalition is hoping to extract from “Gapple” when we asked.
“They’ve still not said exactly how their system would work, so I can’t say what they would need [in terms of changes to Apple and Google’s system],” he told us in an email exchange.
Today Boos couched the removal of the reference to DP-3T on PEPP-PT’s website as a mistake — which he blamed on “bad communication.” He also claimed the coalition is still interested in including the former’s decentralized protocol within its bundle of standardized technologies. So the already sometimes fuzzy lines between the camps continue to be redrawn. (It’s also interesting to note that press emails to Boos are now being triaged by Hering Schuppener, a communications firm that sells publicity services, including crisis PR.)
“We’re really sorry for that,” Boos said of the DP-3T excision. “Actually we just wanted to put the various options on the same level that are out there. There are still all these options and we very much appreciate the work that colleagues and others are doing.
“You know there is a hot discussion in the crypto community about this and we actually encourage this discussion because it’s always good to improve on protocols. What we must not lose sight of is… that we’re not talking about crypto here, we’re talking about pandemic management and as long as an underlying transport layer can ensure privacy that’s good enough because governments can choose whatever they want.”
Boos also said PEPP-PT would finally be publishing some technical documents this afternoon — opting to release information some three weeks after its public unveiling and on a Friday evening (a seven-page ‘high level overview’ has since been put on their GitHub here [this link has since been deleted – Ed.] — but still a far cry from code for review) — while making a simultaneous plea for journalists to focus on the “bigger picture” of fighting the coronavirus rather than keep obsessing over technical details. 
During today’s webinar some of the scientists backing PEPP-PT talked about how they’re testing the efficacy of Bluetooth as a proxy for tracking infection risk.
“The algorithm that we’ve been working on looks at the cumulative amount of time that individuals spend in proximity with each other,” said Christophe Fraser, professor at the Nuffield Department of Medicine and Senior Group Leader in Pathogen Dynamics at the Big Data Institute, University of Oxford, offering a general primer on using Bluetooth proximity data for tracking viral transmission.
“The aim is to predict the probability of transmission from the phone proximity data. So the ideal system reduces the requested quarantine to those who are the most at risk of being infected and doesn’t give the notification — even though some proximity event was recorded — to those people who’re not at risk of being infected.”
“Obviously that’s going to be an imperfect process,” he went on. “But the key point is that in this innovative approach that we should be able to audit the extent to which that information and those notifications are correct — so we need to actually be seeing, of the people who have been sent the notification how many of them actually were infected. And of those people who were identified as contacts, how many weren’t.
“Auditing can be done in many different ways for each system but that step is crucial.”
Evaluating the effectiveness of the digital interventions will be vital, per Fraser — whose presentation could have been interpreted as making a case for public health authorities to have fuller access to contacts graphs. But it’s important to note that DP-3T’s decentralized protocol makes clear provision for app users to opt-in to voluntarily share data with epidemiologists and research groups to enable them to reconstruct the interaction graph among infected and at risk users (aka to get access to a proximity graph).
“It’s really important that if you’re going to do an intervention that is going to affect millions of people — in terms of these requests to [quarantine] — that that information be the best possible science or the best possible representation of the evidence at the point at which you give the notification,” added Fraser. “And therefore as we progress forwards that evidence — our understanding of the transmission of the virus — is going to improve. And in fact auditing of the app can allow that to improve, and therefore it seems essential that that information be fed back.”
None of the PEPP-PT-aligned apps that are currently being used for testing or reference are interfacing with national health authority systems, per Boos — though he cited a test in Italy that’s been plugged into a company’s health system to run tests.
“We have supplied the application builders with the backend, we have supplied them with sample code, we have supplied them with protocols, we have supplied them with the science of measurement, and so on and so forth. We have a working application that simply has no integration into a country’s health system — on Android and on iOS,” he noted.
On its website PEPP-PT lists a number of corporate “members” as backing the effort — including the likes of Vodafone — alongside several research institutions including Germany’s Fraunhofer Heinrich Hertz Institute for telecoms (HHI) which has been reported as leading the effort.
The HHI’s executive director, Thomas Wiegand, was also on today’s call. Notably, his name initially appeared on the authorship list for the DP-3T’s white paper. However, on April 10 he was removed from the README and authorship list, per its GitHub document history. No explanation for the change was given.
During today’s press conference Wiegand made an intervention that seems unlikely to endear him to the wider crypto and digital rights community — describing the debate around which cryptography system to use for COVID-19 contacts tracing as a ‘side show’ and expressing concern that what he called Europe’s “open public discussion” might “destroy our ability to get ourselves as Europeans out of this.”
“I just wanted to make everyone aware of the difficulty of this problem,” he also said. “Cryptography is only one of 12 building blocks in the system. So I really would like to have everybody go back and reconsider what problem we are in here. We have to win against this virus… or we have another lockdown or we have a lot of big problems. I would like to have everybody to consider that and to think about it because we have a chance if we get our act together and really win against the virus.”
The press conference had an even more inauspicious start after the Zoom call was disrupted by racist spam in the chat field. Right before that Boos had kicked off the call saying he had heard from “some more technically savvy people that we should not be using Zoom because it’s insecure — and for an initiative that wants security and privacy it’s the wrong tool.”
“Unfortunately we found out that many of our international colleagues only had this on their corporate PCs so over time either Zoom has to improve — or we need to get better installations out there. It’s certainly not our intention to leak the data on this Zoom,” he added.

Europe’s PEPP-PT COVID-19 contacts tracing standard push could be squaring up for a fight with Apple and Google

FCC proposes $208M in fines for wireless carriers that sold your location for years

The FCC has officially and finally determined that the major wireless carriers in the U.S. broke the law by secretly selling subscribers’ location data for years with almost no constraints or disclosure. But its Commissioners decry the $208 million penalty proposed to be paid by these enormously rich corporations, calling it “not properly proportioned to the consumer harms suffered.”
Under the proposed fines, T-Mobile would pay $91M; AT&T, $57M; Verizon, $48M; and Sprint, $12M. (Disclosure: TechCrunch is owned by Verizon Media. This does not affect our coverage in the slightest.)
The case has stretched on for more than a year and a half after initial reports that private companies were accessing and selling real-time subscriber location data to anyone willing to pay. Such a blatant abuse of consumers’ privacy caused an immediate outcry, and carriers responded with apparent chagrin — but often failed to terminate or even evaluate these programs in a timely fashion. It turns out they were run with almost no oversight at all, with responsibility delegated to the third party companies to ensure compliance.

LocationSmart didn’t just sell mobile phone locations, it leaked them

Meanwhile the FCC was called on to investigate the nature of these offenses, and spent more than a year doing so in near-total silence, with even its own Commissioners calling out the agency’s lack of communication on such a serious issue.
Finally, in January, FCC Chairman Ajit Pai — who, it really must be noted here, formerly worked for one of the main companies implicated, Securus — announced that the investigation had found the carriers had indeed violated federal law and would soon be punished.

Carriers ‘violated federal law’ by selling your location data, FCC tells Congress

Today brings the official documentation of the fines, as well as commentary from the Commission. In the documents, the carriers are described as not only doing something bad, but doing it poorly — and especially in T-Mobile’s case, continuing to do it well after they said they’d stop:
We find that T-Mobile apparently disclosed its customers’ location information, without their consent, to third parties who were not authorized to receive it. In addition, even after highly publicized incidents put the Company on notice that its safeguards for protecting customer location information were inadequate, T-Mobile apparently continued to sell access to its customers’ location information for the better part of a year without putting in place reasonable safeguards—leaving its customers’ data at unreasonable risk of unauthorized disclosure
The general feeling seems to be that while it’s commendable to recognize this violation and propose what could be considered  substantial fines, the whole thing is, as Commissioner Rosenworcel put it, “a day late and a dollar short.”
The scale of the fines, they say, has little to do with the scale of the offenses — and that’s because the investigation did not adequately investigate or attempt to investigate the scale of those offenses. As Commissioner Starks writes in a lengthy statement:
After all these months of investigation, the Commission still has no idea how many consumers’ data was mishandled by each of the carriers.
We had the power—and, given the length of this investigation, the time—to compel disclosures that would help us understand the true scope of the harm done to consumers. Instead, the Notices calculate the forfeiture based on the number of contracts between the carriers and location aggregators, as well as the number of contracts between those aggregators and third-party location-based service providers. That is a poor and unnecessary proxy for the privacy harm caused by each carrier, each of which has tens of millions of customers that likely had their personal data abused.
Essentially, the FCC didn’t even look at the number or nature of actual harm — it just asked the carriers to provide the number of contracts entered into. As Starks points out, one such contract can and did sometimes represent thousands of individual privacy invasions.
We know there are many—perhaps millions—of additional victims, each with their own harms. Unfortunately, based on the investigation the FCC conducted, we don’t even know how many there were, and the penalties we propose today do not reflect that impact.
And why not go after the individual companies? Securus, Starks says, “behaved outrageously.” But they’re not being fined at all. Even if the FCC lacked the authority to do so, it could have handed off the case to Justice or local authorities that could determine whether these companies violated other laws.
As Rosenworcel notes in her own statement, the fines are also extraordinarily generous even beyond this minimal method of calculating harm:
The agency proposes a $40,000 fine for the violation of our rules—but only on the first day. For every day after that, it reduces to $2,500 per violation. The FCC heavily discounts the fines the carriers potentially owe under the law and disregards the scope of the problem. On top of that, the agency gives each carrier a thirty-day pass from this calculation. This thirty day “get-out-of-jail-free” card is plucked from thin air.
Given that this investigation took place over such a long period, it’s strange that it did not seek to hear from the public or subpoena further details from the companies facilitating the violations. Meanwhile the carriers sought to declare a huge proportion of their responses to the FCC’s questions confidential, including publicly available information, and the agency didn’t question these assertions until Starks and Rosenworcel intervened.
$200M sounds like a lot, but divided among several billion-dollar communications organizations it’s peanuts, especially when you consider that these location-selling agreements may have netted far more than that in the years they were active. Only the carriers know exactly how many times their subscribers’ privacy was violated, and how much money they made from that abuse. And because the investigation has ended without the authority over these matters asking about it, we likely never will know.
The proposed fines, called a Notice of Apparent Liability, are only a tentative finding, and the carriers have 30 days to respond or ask for an extension — the latter of which is the more likely. Once they respond (perhaps challenging the amount or something else) the FCC can take as long as it wants to come up with a final fine amount. And once that is issued, there is no requirement that the fine actually be collected — and the FCC has in fact declined to collect before once the heat died down, though not with a penalty of this scale.
“While I am glad the FCC is finally proposing fines for this egregious behavior, it represents little more than the cost of doing business for these carriers,” Congressman Frank Pallone (D-NJ) said in a statement. “Further, the Commission is still a long way from collecting these fines and holding the companies fully accountable.”
The only thing that led to this case being investigated at all was public attention, and apparently public attention is necessary to ensure the federal government follows through on its duties.
(This article has been substantially updated with new information, plus comments from Commissioner Starks and Rep. Pallone.)

FCC proposes $208M in fines for wireless carriers that sold your location for years

Zuckerberg ditches annual challenges, but needs cynics to fix 2030

Mark Zuckerberg won’t be spending 2020 focused on wearing ties, learning Mandarin or just fixing Facebook. “Rather than having year-to-year challenges, I’ve tried to think about what I hope the world and my life will look in 2030,” he wrote today on Facebook. As you might have guessed, though, Zuckerberg’s vision for an improved planet involves a lot more of Facebook’s family of apps.
His biggest proclamations in today’s notes include that:
AR – Phones will remain the primary computing platform for most of the decade but augmented reality could get devices out from between us so we can be present together — Facebook is building AR glasses
VR – Better virtual reality technology could address the housing crisis by letting people work from anywhere — Facebook is building Oculus
Privacy – The internet has created a global community where people find it hard to establish themselves as unique, so smaller online groups could make people feel special again — Facebook is building more private groups and messaging options
Regulation – The big questions facing technology are too thorny for private companies to address by themselves, and governments must step in around elections, content moderation, data portability and privacy — Facebook is trying to self-regulate on these and everywhere else to deter overly onerous lawmaking

These are all reasonable predictions and suggestions. However, Zuckerberg’s post does little to address how the broadening of Facebook’s services in the 2010s also contributed to a lot of the problems he presents:
Isolation – Constant passive feed scrolling on Facebook and Instagram has created a way to seem like you’re being social without having true back-and-forth interaction with friends
Gentrification – Facebook’s shuttled employees have driven up rents in cities around the world, especially the Bay Area
Envy – Facebook’s algorithms can make anyone without a glamorous, Instagram-worthy life look less important, while hackers can steal accounts and its moderation systems can accidentally suspend profiles with little recourse for most users
Negligence – The growth-first mentality led Facebook’s policies and safety to lag behind its impact, creating the kind of democracy, content, anti-competition and privacy questions it’s now asking the government to answer for it
Noticeably absent from Zuckerberg’s post are explicit mentions of some of Facebook’s more controversial products and initiatives. He writes about “decentralizing opportunity” by giving small businesses commerce tools, but never mentions cryptocurrency, blockchain or Libra directly. Instead he seems to suggest that Instagram store fronts, Messenger customer support and WhatsApp remittance might be sufficient. He also largely leaves out Portal, Facebook’s smart screen that could help distant families stay closer, but that some see as a surveillance and data collection tool.
I’m glad Zuckerberg is taking his role as a public figure and the steward of one of humanity’s fundamental utilities more seriously. His willingness to even think about some of these long-term issues instead of just quarterly profits is important. Optimism is necessary to create what doesn’t exist.
Still, if Zuckerberg wants 2030 to look better for the world, and for the world to look more kindly on Facebook, he may need to hire more skeptics and cynics that see a dystopic future instead — people who understand human impulses toward greed and vanity. Their foresight on where societal problems could arise from Facebook’s products could help temper Zuckerberg’s team of idealists to create a company that balances the potential of the future with the risks to the present.

Every new year of the last decade I set a personal challenge. My goal was to grow in new ways outside my day-to-day work…
Posted by Mark Zuckerberg on Thursday, January 9, 2020

For more on why Facebook can’t succeed on idealism alone, read:

Zuckerberg asks forgiveness, but Facebook needs change

 

Zuckerberg ditches annual challenges, but needs cynics to fix 2030

Europe proposes expanding telco data privacy rules to WhatsApp, Facebook et al

 The European Commission has set out proposals for updating rules which govern the use of personal telecoms data that would expand their remit to cover email and mobile messaging data for the first time — meaning the ePrivacy regulation would also apply to web companies such as Facebook, WhatsApp, Apple and Google. Read More

Europe proposes expanding telco data privacy rules to WhatsApp, Facebook et al

Apple tells NY judge FBI has ‘utterly failed’ to prove it needs help unlocking iPhones

 Apple has strong words for the Justice Department. The simple fact that the feds unlocked a phone without any help shows that they didn’t need it in the first place, Apple asserts: “The government has utterly failed to satisfy its burden to demonstrate that Apple’s assistance in this case is necessary.” Read More

Apple tells NY judge FBI has ‘utterly failed’ to prove it needs help unlocking iPhones