Ars aequi

Ars Aequi, a podcast on all things law and technology. In this podcast our hosts Paul Eberstaller and Tima Anwana explore topics at the intersection at the law and technology such as Internet Pornography, Fake news, Platform Regulation and Data Protection. This podcast is not only for those in the legal field but is directed at all internet users interested in understanding their rights in the digital economy.
Listen now wherever you get your podcasts:

 

 

Series 01 – Fake news

Episode 01 – Intro to Fake News

7 August 2020

Series 01 of the Ars Aequi podcast focuses on the trending topic of fake news and online disinformation.
Episode 1 provides an overview to the concept of fake news in an easy to understand way. We explore the uncertainty concerning the definition of fake news using examples from different jurisdictions. We discuss contemporary examples of fake news and distinguish this from other legal concepts such as defamation. We explore the legal framework surrounding fake news with special focus on the impact of fake news on fundamental rights. Episode 1 seeks to ease the listener into the topic, in the next episodes we will discuss the impact of fake news on the media and the response of platforms to this issue.


 

 

Episode 02 – Fake News and the Media

21 August 2020

“The Fake News Media”, as coined by President Trump is a term that we have all become familiar with in recent years. The popularisation and increased spread of fake news has had substantial impact on the media. The public has begun to lose trust in the media while the regulation of fake news has stifled freedom of the press in several jurisdictions. In this episode, we explore the impact of fake news on the media and the notion of freedom of the press. We explore these ideas by looking into Singapore's controversial fake news legislation, the Protection from Online Falsehoods and Manipulations Act.


 

 

Episode 03 – Platforms and Fake News

4 September 2020

In this final episode of the Fake New Series, we explore the role of Platforms in self-regulating and controlling the spread of fake news. This episode explores the legal framework for platform liability and the effect of ‘legal exceptionalism’ on the spread of fake news online. We take a deep dive into the fact checking processes adopted by Facebook and Twitter, discussing both the positive and negative aspects of third-party fact checking.

 

 

 

Series 02 – Internet Pornography

Episode 01 – #ShutdownPornHub

18 September 2020

Over two million people have signed a petition calling governments and regulators to #ShutdownPornHub. The petition comes a result of various allegations made against the platform for human trafficking and the exploitation of women. The overwhelming support received by the petition inspired us to explore the controversial industry of internet pornography, dominated by the company Mindgeek.
In this episode, we investigate the complicated legal framework of internet pornography, from the Austrian and South African perspective. We explore several legal topics in the context of internet pornography, including Data Protection, Copyright, Platform Regulation and the Protection of Minors.

 

 

Episode 02 – OnlyFans: Democratising Porn

2 October 2020

Several platforms have experienced exponential growth during this corona-virus pandemic; Only Fans is an excellent example of this. Only Fans has now become the go to platform for pornographic content by putting X-rated entertainment into the hands of the entertainer. In this episode, we explore the legal implications arising from the mainstream adoption of Only Fans. We take a deep dive into the Terms of Service and Privacy Policy of the platform and unpack several legal issues including data protection, copyright, data security and content piracy. We provide legal insights on the use of the platform for content creators and content consumers.

 

 

Episode 03 – Revenge Porn

16 October 2020

In the final episode of the Porn Series, we explore the legal framework surrounding non-consensual porn through the lens of Revenge Porn. Revenge Porn general refers to the uploading and distribution of sexually explicit material to embarrass or intimate another. During government mandated shutdowns at the early stages of the Corona Virus outbreak, reports of revenge porn increased dramatically. Based on this, we have decided to educate our listeners on the legal consequences of posting non-consensual porn both from a criminal and civil law perspective. In this episode, we explore the different regulatory approaches to revenge porn by looking at legislation in Austria, Uganda, Nigeria and South Africa. Finally, this episode will provide some practical advice on the removal of sexual content posted online.

 

 

Special Episode – #ENDSARS Movement in Nigeria

31 October 2020

In this special episode of ars aequi, Tima and Paul are joined by Gbenga Aborowa, News Anchor at News Central TV Nigeria and Astrid Reisinger Coracini from the Department of European, International and Comparative Law, University of Vienna. The live stream will discuss the current #ENDSARS Movement in Nigeria and its legal implications, with a special focus on international criminal law and the ICC.

 

 

Special Episode – The WhatsApp/Facebook dilemma

29 January 2021

As we entered into the New Year, Whatsapp users received an alert requiring the acceptance of new terms in relation to its privacy policy. This resulted in an international uproar, leaving many users concerned about the safety of their personal data. In this episode, we discuss the WhatsApp/Facebook dilemma by exploring some important data protection and antitrust issues. We take a deep dive into WhatsApp’s privacy policy to answer the following questions: What personal data does WhatsApp process? What personal data does WhatsApp share with Facebook? Can WhatsApp read my personal messages? In this episode, we also examine the differences between the treatments of personal data originating in the European Union as opposed to other parts of the world. Finally, we offer our recommendations on Signal and Telegram as possible substitutes to WhatsApp.

 

 

Series 03 – Surveillance

Episode 01 – Nothing to Hide, Nothing to Fear?

12 February 2021

Today we launch a brand new series on the podcast, The Surveillance Series. In this series we explore the societal and legal issues surrounding surveillance in the public sector for law enforcement purposes and public security. We seek to provide some answers to the question “If you have nothing to hide, you have nothing to fear” in the context of surveillance.
In episode 1 of the Surveillance Series, we take a deep dive into Encryption bans and discuss the impact of this on privacy and data protection. We explore the adoption of encryption bans in different jurisdictions include the European Union, America, Austria, South Africa and Egypt.

 

 

Episode 02 – The Surveillance of Travelers

26 February 2021

On episode 2 of the Surveillance Series we are joined by our colleague and friend, Antoni Napieralski to discuss the Surveillance of Travelers. As we move around from country to country vast amounts of data is collected and stored about us, in this episode we take a deep dive into the life cycle of this data. We explore this from the perspective of EU and Non-EU citizens, looking specifically at the Visa Information System, Passenger Name Records and the Entry/Exit-System.
Furthermore, we explain the new proposed changes to these systems and the introduction of new databases in Europe.

 

 

Episode 03 – Your Smart Home Is A Snitch!

12 March 2021

In episode 3 of the Surveillance Series, we tackle the topic of Smart Homes and Surveillance. Many argue that a Smart Home is inevitably a home under surveillance. This episode explores the extent to which this statement is true and provides clarity on the question that plagues most consumers, “are my smart devices spying on me”.
We investigate the use of data collected by smart home devices as evidence by law enforcement for the prosecution of a crime. We discuss public-private partnerships between law enforcement agencies and technology companies such as Ring. Finally, we look at transparency reports and discuss the role of private tech companies in the enforcement of the law.

 

 

 

Series 04 – Tech for Good

Episode 01 – Tech against Gender Based Violence

26 March 2021

The Ars Aequi Podcast is proud to present, Tech for Good a brand new podcast series focused on building a better tomorrow with tech.
In this series, we will be talking with Entrepreneurs, Innovators and Activists who are leveraging technology as a tool for social, political and environmental impact. In episode one, we tackle the serious social issue of gender-based violence (GBV) and talk to two innovators, Moritz and Nkhanyiso who have created technological products aimed at combatting gender-based violence.
Moritz Krüsselmann is a German Lawyer and co-founder of the German platform Dickstinction, an online platform that allows victims to report unsolicited dickpics and guides victims through all the necessary steps to file a criminal complaint.
Nkanyiso Dlamini is a South African Entrepreneur and Co-Founder of Tech company eMfundi. eMfundi recently launched the N3 SMART NAIL, an LED nail tip with a built in microchip. Designed as a quick, subtle way to send your location to emergency personnel when in a dangerous situation.

 

 

Special Episode – The Facebook Data breach

09 April 2021

In this special episode of the Ars Aequi Podcast we explore the recent large-scale user data breach which has affected approximately 533 million Facebook accounts. We discuss the context of the data breach and how personal data was ‘scraped’ from Facebook's user profiles. We provide helpful information on how to check if you have been affected by this breach and steps to ensure the safety of your data in the future. Finally, we critique Facebook's lack-luster response to this data breach and explore possible legal consequences which the company could face. 

To check whether you have been affected by this data breach: https://haveibeenpwned.com/

Sources: Data Breach information:

Facebook's response :

Data Protection Sources:

 

 

Episode 02 – Dark Patterns

07 May 2021

It important to understand as a User that everything on the internet is fighting for your attention and for access to your data. Due to the value of your data, companies often design their User Interface with the intention to induce or deceive you for their benefit and to your detriment. These actions are referred to as ‘DARK PATTERNS’, a term coined by Harry Brignull in 2010. In this episode of the Tech for Good Series, we discuss different types of dark patterns and their effects on us as Users. We highlight Tech for Good solutions that are aimed at combatting dark patterns and creating a better User experience. We also explore the legal framework, which aims to regulate the issue of dark patterns and provide with more insights into your rights as a Data Subject.

Dark Patterns:

Tech for Good Solutions: