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Main article: Europe

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Facebook’s dodgy defaults face more scrutiny in Europe

18:34 | 24 January

Italy’s Competition and Markets Authority has launched proceedings against Facebook for failing to fully inform users about the commercial uses it makes of their data.

At the same time a German court has today upheld a consumer group’s right to challenge the tech giant over data and privacy issues in the national courts.

Lack of transparency

The Italian authority’s action, which could result in a fine of €5 million for Facebook, follows an earlier decision by the regulator, in November 2018 — when it found the company had not been dealing plainly with users about the underlying value exchange involved in signing up to the ‘free’ service, and fined Facebook €5M for failing to properly inform users how their information would be used commercially.

In a press notice about its latest action, the watchdog notes Facebook has removed a claim from its homepage — which had stated that the service ‘is free and always will be’ — but finds users are still not being informed, “with clarity and immediacy”, about how the tech giant monetizes their data.

The Authority had prohibited Facebook from continuing what it dubs “deceptive practice” and ordered it to publish an amending declaration on its homepage in Italy, as well as on the Facebook app and on the personal page of each registered Italian user.

In a statement responding to the watchdog’s latest action, a Facebook spokesperson told us:

We are reviewing the Authority decision. We made changes last year — including to our Terms of Service — to further clarify how Facebook makes money. These changes were part of our ongoing commitment to give people more transparency and control over their information.

Last year Italy’s data protection agency also fined Facebook $1.1M — in that case for privacy violations attached to the Cambridge Analytics data misuse scandal.

Dodgy defaults

In separate but related news, a ruling by a German court today found that Facebook can continue to use the advertising slogan that its service is ‘free and always will be’ — on the grounds that it does not require users to hand over monetary payments in exchange for using the service.

A local consumer rights group, vzbv, had sought to challenge Facebook’s use of the slogan — arguing it’s misleading, given the platform’s harvesting of user data for targeted ads. But the court disagreed.

However that was only one of a number of data protection complaints filed by the group — 26 in all. And the Berlin court found in its favor on a number of other fronts.

Significantly vzbv has won the right to bring data protection related legal challenges within Germany even with the pan-EU General Data Protection Regulation in force — opening the door to strategic litigation by consumer advocacy bodies and privacy rights groups in what is a very pro-privacy market. 

This looks interesting because one of Facebook’s favored legal arguments in a bid to derail privacy challenges at an EU Member State level has been to argue those courts lack jurisdiction — given that its European HQ is sited in Ireland (and GDPR includes provision for a one-stop shop mechanism that pushes cross-border complaints to a lead regulator).

But this ruling looks like it will make it tougher for Facebook to funnel all data and privacy complaints via the heavily backlogged Irish regulator — which has, for example, been sitting on a GDPR complaint over forced consent by adtech giants (including Facebook) since May 2018.

The Berlin court also agreed with vzbv’s argument that Facebook’s privacy settings and T&Cs violate laws around consent — such as a location service being already activated in the Facebook mobile app; and a pre-ticked setting that made users’ profiles indexable by search engines by default

The court also agreed that certain pre-formulated conditions in Facebook’s T&C do not meet the required legal standard — such as a requirement that users agree to their name and profile picture being used “for commercial, sponsored or related content”, and another stipulation that users agree in advance to all future changes to the policy.

Commenting in a statement, Heiko Dünkel from the law enforcement team at vzbv, said: “It is not the first time that Facebook has been convicted of careless handling of its users’ data. The Chamber of Justice has made it clear that consumer advice centers can take action against violations of the GDPR.”

We’ve reached out to Facebook for a response.

 


0

London’s Met Police switches on live facial recognition, flying in face of human rights concerns

16:07 | 24 January

While EU lawmakers are mulling a temporary ban on the use of facial recognition to safeguard individuals’ rights, as part of risk-focused plan to regulate AI, London’s Met Police has today forged ahead with deploying the privacy hostile technology — flipping the switch on operational use of live facial recognition in the UK capital.

The deployment comes after a multi-year period of trials by the Met and police in South Wales.

The Met says its use of the controversial technology will be targeted to “specific locations… where intelligence suggests we are most likely to locate serious offenders”.

“Each deployment will have a bespoke ‘watch list’, made up of images of wanted individuals, predominantly those wanted for serious and violent offences,” it adds.

It also claims cameras will be “clearly signposted”, adding that officers will be “deployed to the operation will hand out leaflets about the activity”.

“At a deployment, cameras will be focused on a small, targeted area to scan passers-by,” it writes. “The technology, which is a standalone system, is not linked to any other imaging system, such as CCTV, body worn video or ANPR.”

The biometric system is being provided to the Met by Japanese IT and electronics giant, NEC.

In a press statement, assistant commissioner Nick Ephgrave claimed the force is taking a balanced approach to using the controversial tech.

“We all want to live and work in a city which is safe: the public rightly expect us to use widely available technology to stop criminals. Equally I have to be sure that we have the right safeguards and transparency in place to ensure that we protect people’s privacy and human rights. I believe our careful and considered deployment of live facial recognition strikes that balance,” he said.

London has seen a rise in violent crime in recent years, with murder rates hitting a ten-year peak last year.

The surge in violent crime has been linked to cuts to policing services — although the new Conservative government has pledged to reverse cuts enacted by earlier Tory administrations.

The Met says its hope for the AI-powered tech is will help it tackle serious crime, including serious violence, gun and knife crime, child sexual exploitation and “help protect the vulnerable”.

However its phrasing is not a little ironic, given that facial recognition systems can be prone to racial bias, for example, owing to factors such as bias in data-sets used to train AI algorithms.

So in fact there’s a risk that police-use of facial recognition could further harm vulnerable groups who already face a disproportionate risk of inequality and discrimination.

Yet the Met’s PR doesn’t mention the risk of the AI tech automating bias.

Instead it makes pains to couch the technology as “additional tool” to assist its officers.

“This is not a case of technology taking over from traditional policing; this is a system which simply gives police officers a ‘prompt’, suggesting “that person over there may be the person you’re looking for”, it is always the decision of an officer whether or not to engage with someone,” it adds.

While the use of a new tech tool may start with small deployments, as is being touting here, the history of software development underlines how potential to scale is readily baked in.

A ‘targeted’ small-scale launch also prepares the ground for London’s police force to push for wider public acceptance of a highly controversial and rights-hostile technology via a gradual building out process. Aka surveillance creep.

On the flip side, the text of the draft of an EU proposal for regulating AI which leaked last week — floating the idea of a temporary ban on facial recognition in public places — noted that a ban would “safeguard the rights of individuals”. Although it’s not yet clear whether the Commission will favor such a blanket measure, even temporarily.

UK rights groups have reacted with alarm to the Met’s decision to ignore concerns about facial recognition.

Liberty accused the force of ignoring the conclusion of a report it commissioned during an earlier trial of the tech — which it says concluded the Met had failed to consider human rights impacts.

It also suggested such use would not meet key legal requirements.

“Human rights law requires that any interference with individuals’ rights be in accordance with the law, pursue a legitimate aim, and be ‘necessary in a democratic society’,” the report notes, suggesting the Met earlier trials of facial recognition tech “would be held unlawful if challenged before the courts”.

A petition set up by Liberty to demand a stop to facial recognition in public places has passed 21,000 signatures.

Discussing the legal framework around facial recognition and law enforcement last week, Dr Michael Veale, a lecturer in digital rights and regulation at UCL, told us that in his view the EU’s data protection framework, GDPR, forbids facial recognition by private companies “in a surveillance context without member states actively legislating an exemption into the law using their powers to derogate”.

A UK man who challenged a Welsh police force’s trial of facial recognition has a pending appeal after losing the first round of a human rights challenge. Although in that case the challenge pertains to police use of the tech — rather than, as in the Met’s case, a private company (NEC) providing the service to the police.

 


0

Meet the b2b videoconferencing startup that’s gone crazy for online dating

13:51 | 24 January

Founder Andreas Kröpfl has spent almost a decade hard-grafting in the b2b unified communications space, building a videoconferencing business with a patented single-stream system and a claim of no ‘drop-offs’ thanks to “unique low-bandwidth technology”.

His Austria-based startup’s current web-based videoconferencing system, eyeson (née Visocon), which launched in 2018, has had some nice traction since launch, as he tells it, garnering a few million customers and getting a nomination nod as a Gartner Cool Vendor last year.

Eyeson’s website touts ‘no hassle, no, lag, no downloads’ video calls. Pricing options for the target b2b users run the gamut from freelance pro to full-blown enterprise. While the business itself has pulled in a smidge less than $7M in investor funding over the years.

But when TechCrunch came across Kröpfl last December, pitching hard in startup alley at Disrupt Berlin, he was most keen to talk about something else entirely: Video dating.

That’s because last summer the team decided to branch out by building their own video dating app, reusing their core streaming tech for a consumer-focused social experiment. And after a period of internal beta testing — which hopefully wasn’t too awkward within a small (up-til-then) b2b-focused team — they launched an experimental dating app in November in India.

The app, called Ahoi, is now generating 100,000 video calls and 250,000 swipes per day, says Kröpfl.

This is where he breaks into a giggle. The traction has been crazy, he says. 

In the staid world of business videoconferencing you can imagine eyeson’s team eyeing the booming growth of certain consumer-focused video products rather enviously.

Per Kröpfl, they had certainly noticed different desires among their existing users — which pushed them to experiment. “We saw that private people like the simple fun features (GIF reactions, …) and that business meetings were more focused on ‘drop-off’ [rates] and business features,” he tells us. “To improve both in one product was not working any more. So eyeson goes business plus SaaS.”

“Cloning eyeson but make it social,” is how he sums up the experiment. 

Ahoi is very evidently an MVP at this stage. It also looks like a pretty brave and/or foolish (depending on your view) full-bore plunge into video dating, with nothing so sophisticated as a privacy screen to prevent any, er, unwanted blushes… (Whereas safety screening is an element we’ve recently seen elsewhere in the category — see: Blindlee.)

There’s also seemingly no way for users to specify the gender they wish to talk to.

Instead, Ahoi users state interests by selecting emoji stickers — such as a car, cat, tennis racket, games console or globetrotter. And, well, it goes without saying that even if you like cars a lot you’re unlikely to change your sexual orientation over the category.

There are no generic emoji that could be used to specify a sexual interest in men or women. But, er, there’s a horse…

Such limits may explain why Ahoi is generating so many early swipes — and rather fewer actual calls — in that the activity sums to (mostly) men looking for women to videochat with and being matched with, er, men.

And frustration, sexual or otherwise, probably isn’t the greatest service to try and sell.

Still, Kröpfl reckons they’ve landed on a winning formula that makes handy reuse of their core videoconferencing tech — letting them growth hack in a totally new category. Swipe right to video date.

“People are disappointed by perfect profiles on Tinder and the reality when meeting people,” he posits. “Wasted time. Especially women do not want to be stalked by men pretending to be someone else. We solve both by a real live conversation where only after a call both can decide to be connected or never see each other again.”

Notably, marketing around the app does talk rather fuzzily about it being a way to “find new pals”.

So while Kröpfl frames the experiment as dating, the reality of the product is more ‘open to options’. Think of it as a bit like Chatroulette — just with slightly more control (in that you have a few seconds to decide if you don’t want to talk to the next in-app match).

The very short countdown timer (you get just five seconds to opt out of a matched video chat) is very likely generating a fair number of unintended calls. Though such high velocity matching might appeal to a certain kind of speed dating addict.

Kröpfl says Ahoi has been seeing up to 20,000 new users added daily. They’re bullishly targeting 3M+ users this year, and already toying with ideas for turning video dates into a money spinner by offering stuff like premium subscriptions and/or video ads. He says the plan is to turn Ahoi into a business “step by step”.

“Everyone loves to make his profile better,” he suggests, floating monetization options down the line. Quality filtering for a fee is another possibility (“everyone is annoyed by being connected to the wrong people”).

They picked India for the test launch because it has a lot of people on the same timezone, a large active mobile user-base and cheap marketing is still “easily possible”. He also says that dating apps seemed popular there, in their experience. (Albeit, the team presumably didn’t have a great deal of relevant experience in this category — given Ahoi is an experiment.)

The intent is also to open Ahoi up to other markets in time too, once they get more accustomed to dealing with all the traffic. Kröpfl notes they had to briefly take the app off the store last month, as they worked on adding more server capability.

“It is very early and we were not prepared for this usage,” he says, admitting they’ve been “struggling to work on early feedbacks”. “We had to make it invisible temporarily — to improve server capacity and stability.”

The contrast in pace of uptake between the stolid (but revenue-generating) world of business meeting-fuelled videoconferencing and catnip consumer dating — which is money-sucking unless or until you can hit a critical mass of usage and get the chance to try applying monetization strategies — does sound like it’s been rather irresistible to Kröpfl.

Asked what it feels like to go from one category to the other he says “crazy, surprised and thrilling”, adding: “It is somehow also frustrating when all the intense b2b work is not as closely interesting to people as Ahoi is. But amazing that it is possible thanks to an extremely focused and experienced team. I love it.” 

TechCrunch’s Manish Singh agreed to brave the local video dating app waters in India to check Ahoi out for us.

He reported back not having seen any women using the app. Which we imagine might be a problem for Ahoi’s longer term prospects — at least in that market.

“I spoke with one guy, who said his friend told him about the app. He said he joined to talk to girls but so far, he is only getting matched with boys,” said Singh. “I saw several names appear on the app, but all of them were boys, too.”

He told us he was left wondering “why people are on these apps, and why they have so much free time on a weekday”.

For ‘people’ it seems safe to conclude that most of Ahoi’s early adopters are men. As the Wall Street Journal reported back in 2018, India’s women are famously cool on dating apps — in that they’re mostly not on them. (We asked Kröpfl about Ahoi’s gender breakdown but he didn’t immediately get back to us on that.)

That market quirk means those female users who are on dating apps tend to get bombarded with messages from all the lonely heart guys with not much to swipe. Which, in turn, could make a video dating app like Ahoi an unattractive prospect to female users — if there’s any risk at all of being inundated with video chats.

And even if there are enough in-app controls to prevent unwelcome inundation by default, women also might not feel like they want their profile to be seen by scores of men simply by merit of being signed up to an app — as seems inevitable if the gender balance is so skewed.

Add to that, if the local perception among single women is that men on dating apps are generally a turn-off — because they’re too eager/forward — then jumping into any unmoderated video chat is probably not the kind of safe space these women are looking for.

No matter, Kröpfl and his team are clearly having far too much fun growth hacking in an unfamiliar, high velocity consumer category to sweat the detail. 

What’s driving Ahoi’s growth right now? “Performance marketing mainly,” he says, pointing also to “viral engagement by sharing and liking profiles”.

Notably, there are already a lot of reviews of Ahoi on Google Play — an unusual amount for such an early app. Many of them appear to be five star write-ups from accounts with European-sounding names and a sometimes robotic grasp of language.

“Eventhough Ahoi has been developed recently, it had high quality for user about calling, making friends and widing your knowlegde [sic],” writes one reviewer with atrocious spelling whose account is attached to the name ‘Dustin Stephens.’

“Talking with like minded people and same favor will creat a fun and interesting atmosphere. Ahoi will manage for you to call like condition above,” says another apparently happy but confused-sounding user, going by the name ‘Elisa Herring’.

There’s also a ‘Madeleine Mcghin’, whose profile uses a photo of the similarly named child who infamously disappeared during a holiday in Portugal in 2007. “My experience with this app was awesome,” this individual writes. “It gives me the option to find new people in every country.”

Another less instantly tasteless five-star reviewer, ‘Stefania Lucchini’, leaves a more surreal form of praise. “A good app and it will bring you extra income, I would say it’s a great opportunity to have AHOI and be a part of it but it’s that it will automatically ban you even if you don’t show it. Marketing. body part, there are still 5 stars for me,” she (or, well, ‘it’) writes.

Among the plethora of dubious five-star reviews a couple of one-star dunks stand out — not least because they come from accounts with names that sound like they might actually come from India. “Waste u r time,” says one of these, using the name Prajal Pradhan.

This pithy drop-kick has been given a full 72 thumbs-up by other Play Store users.

 


0

Dfinity launches an open source platform aimed at the social networking giants

13:33 | 23 January

When Dfinity raised $102 million in funding in 2018 at a $2 billion valuation in a round jointly led by Andreessen Horowitz and Polychain Capital, it represented a step change in the world of blockchain technology. In an area that at the time was more synonymous with cryptocurrency speculation, this was a change in focus, looking instead at the architecture behind that and how it could be used for more than just “mining”, distributing and using new financial instruments — with a major, mainstream VC backing the idea, no less.

Dfinity launched with a very lofty goal: to build what it called the “Internet Computer”: a blockchain-based, decentralized and non-proprietary network to run the next generation of mega-applications. It dubbed this public network “Cloud 3.0”.

Now, looks like this is Cloud is now about to break.

In Davos this week, Dfinity launched the “Bronze” edition of its Internet Computer, a limited release that takes the startup one step closer to its full commercial release, expected later this year.

And to prove out the concept of how an application would run on its new network, Dfinity today demonstrated an open social network called LinkedUp.

The start-up has rather cheekily called this “an open version of LinkedIn” which is not owned or controlled by a corporate entity and runs on any browser.

LinkedUp runs on Dfinity’s co-called Internet Computer, its name for the platform it is building to host the next generation of software and open internet services.

The software is hosted directly on the internet on a Switzerland-based independent data center, but in the concept of the Internet Computer, it could be hosted at your house or mine: the compute power to run the application — LinkedUp, in this case — is coming not from Amazon AWS, Google Cloud or Microsoft Azure, and is instead based on the distributed architecture that Dfinity is building.


Dfinity is open-sourcing LinkedUp for developers to create other types of open internet services on the structure it has built. This ‘open social network for professional profiles’ suggests that, on Difinity’s opensource software, one could create an ‘Open WhatsApp’, ‘Open eBay’, ‘Open Salesforce’, ‘Open Facebook’.

(Good news, since LinkedIn might not be so happy about a lookalike service with a name and layout that also looks very familiar. “While we can’t comment specifically on any proposed trademark, LinkedIn does monitor and take action as necessary to protect our trademarks,” a spokesperson said.)

“Big tech has hijacked the internet and stifled innovation by owning the proprietary infrastructure and user relationships,” said Dominic Williams, Founder and Chief Scientist at Dfinity in a statement. “As a result, a handful of for-profit companies have created a monopolistic and closed internet. The Internet Computer provides a means to rebuild internet services in open form.”

So perhaps what we should be calling this is not LinkedUp, but more a new sort of “Linux for the cloud”.

Dfinity claims the application was built by “1.5 engineers in three weeks,” thus demonstrating how easy the infrastructure is to use.

The tools include a Canister Software Developer Kit and a simple programming language called Motoko that is optimized for Dfinity’s Internet Computer.

“The Internet Computer is conceived as an alternative to the $3.8 trillion dollar legacy IT stack, and empower the next-generation of developers to build a new breed of tamper-proof enterprise software systems and open internet services. We are democratizing software development,” Williams said. “The Bronze release of the Internet Computer provides developers and enterprises a glimpse into the infinite possibilities of building on the Internet Computer — which also reflects the strength of the Dfinity team we have built so far.”

Dfinity says its “Internet Computer Protocol” allows for a new type of software called autonomous software, which can guarantee permanent APIs that cannot be revoked. When all these open internet services (e.g., open versions of WhatsApp, Facebook, eBay, Salesforce, etc) are combined with other open software and services it creates “mutual network effects” where everyone benefits.

We quizzed Dfinity a little more on all this and asked whether this was an actual launch.

A spokesperson told us: “Since our first major milestone of launching a terminal-based SDK and new programming language called Motoko — by the co-creator of WebAssembly — on 1 November, DFINITY has released 13 new public versions of the SDK, to our second major milestone [at WEF Davos] of demoing a decentralized web app called LinkedUp on the Internet Computer running on an independent data center in Switzerland. Subsequent milestones towards the public launch of the Internet Computer will involve (1) on-boarding a global network of independent data centers, (2) fully tested economic system, and (3) fully tested Network Nervous Systems for configuration and upgrades.”

It also looks like Dfinity will not be raising more money just yet.

But the question is how they plan to woo people to it? “Dfinity has been working with a select group of Fortune 500 companies, strategic consultancies, systems integrators, venture capitalists, and universities,” the company said.

We are not sure that will quite suffice to take out Facebook, LinkedIn and all the other tech giants, but we’re fascinated to see how this plays out.

 


0

Language platform Busuu acquires video tutor startup, now plans IPO

10:00 | 23 January

Language-learning platform Busuu, which has fast expanded to take on traditional giants like Duolingo, says it has acquired the live video tutoring company Verbling for an undisclosed amount, other than calling it a “double-digit million dollar acquisition.”

As a result, Busuu will now use the Verbling platform to expand into the live video tutoring space for its consumer users and corporate clients.

Busuu says it recently surpassed 100 million users globally, makes it one of the world’s fastest-growing EdTech companies. It says it reach cash flow break-even last year, and plans to generate over $40 million in revenues in 2020.

CEO and cofounder Bernhard Niesner said “we also plan to go public in the future.”

Speaking to TechCrunch, he said: “We are operating in the massive $60bn global language learning market, with digital language learning only representing a tiny 10% market share right now. This digital part will grow fast due to wider consumer adoption driven by better learning outcomes, expected to reach $17bn market value in 2027. Getting access to the capital markets would allow us to accelerate our growth, expand into other learning areas and build a truly globally leading, multi-billion dollar, digital learning business.”

The new Verbling-based ‘Busuu live’ will be a combination of their AI-powered learning content, interaction with other learners plus 1-1 live tutoring with professional teachers.

“We are also excited to leverage our 4bn data points from our learners to provide useful information to our new 10,000+ live teachers about their students. So whenever a teacher starts a live lesson, they will have access to relevant information about the progress of their students within Busuu, so they can fully adapt their lessons to the individual needs of their learners.”

Busuu was originally founded in Madrid in 2008 and in 2012 moved to London, but now plans to open an office back in its ‘home town.’

Niesner said: “The London hiring market has become increasingly more competitive over the last couple of years (also due to Brexit, competition from Facebook and Google etc) while the Spanish startup-ecosystem has made tremendous progress.”

Verbling was founded in San Francisco in 2011 by the Swedish co-founders Mikael Bernstein (CEO) and Gustav Rydstedt (CTO) who met while studying at Stanford University. After attending the Y-Combinator program, Verbling raised over $4.4m from Learn Capital, DFJ and Bullpen Capital. The platform has over 10,000 pre-vetted live teachers and offers interactive 1-1 lessons in nearly 60 different languages.

Mikael Bernstein, Co-Founder and CEO, Verbling said: “We are very excited to be joining forces with Busuu’s talented and experienced team, combining our world-class tutors with Busuu’s AI-powered platform will enable language learners across the globe to reach proficiency even faster.”

Following the acquisition, Verbling’s team members, including co-founders Mikael Bernstein (CEO) and Gustav Rydstedt (CTO) will join Busuu.

For context, the main publicly-listed language learning business is Rosetta Stone but they belong to the old version of language learning and have not yet done their shift to mobile, although they might survive that. There are expectations that both Duolingo and VIPKids (the Chinese English learning unicorn) will go public soon.

 


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Dear Sophie: I live in Europe but want to move my startup to the US

21:39 | 22 January

Sophie Alcorn Contributor
Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives.

“Dear Sophie” is a collaborative forum hosted by Extra Crunch and curated by Sophie Alcorn, who is certified as a specialist attorney in immigration and nationality law by the State Bar of California Board of Legal Specialization. Sophie is the founder of Alcorn Immigration Law, the fastest-growing immigration law firm in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.”

Extra Crunch subscribers enjoy full access to “Dear Sophie” — use promo code ALCORN to purchase a one or two-year subscription for 50% off.


Dear Sophie: I live in Germany, but I am a Hungarian citizen. I’m worried that I won’t qualify for an O-1A visa because I’m definitely not famous or a genius. I want to move my startup to America so we can access investors and the North American market. Because I am Hungarian and not German, I don’t qualify for an E-2 investor visa. Is there any way I can pull off moving to the States and growing my company over the next two to three years? 

— Hopeful in Hamburg

Dear Hopeful: You are not alone! If your dream is to move to the United States, you can definitely make it happen through your existing company in Germany. It’s going to take some basic planning and then a little bit of time to lay the groundwork. I’ll walk you through the basic requirements so that you can get an idea of what’s ahead of you, but if you need individual specific legal advice, you should ask an attorney. For now, I hope this helps.

The first thing the United States government will want to see is that you have a registered company here. It could be any type of company, even an LLC in California. However, startup investors usually prefer a Delaware C corporation. If you don’t yet have a company registered in Germany because you are very early stage, then you could also consider having the Delaware corporation be the parent company of any future legal entities in Europe. Talk to a corporate attorney about the right choice for you.

From the immigration perspective, all of this is necessary because of the main requirements of the L-1A visa for intracompany transferees. These requirements demand that a U.S. and foreign company have a qualifying relationship for an employee transfer, such as a parent/subsidiary, a branch or an affiliation.

 


0

Boeing partners with Tactical Robotics to develop VTOL tech

17:25 | 22 January

Boeing has signed a new agreement with Israel-based Tactical Robotics, an exploratory deal that will see the two companies work together jointly on “developing, producing and marketing” aircraft with vertical take-off and landing (VTOL) capabilities based on Tactical Robotics’ ‘Fancraft’ enclosed rotor technology.

Already, the Urban Areonautics-owned Tactical Robotics has developed ‘Cormorant,’ an autonomous flying car vehicle that has the footprint of roughly a Humvee, but that can take off and land vertically thanks to its Fancraft rotors. Unlike open rotors, these are placed inside ducts which provide advantages both in terms of directing airflow, and providing enhanced safety for anyone around the vehicle because they’re mostly covered. This new arrangement between the two companies will begin with exploring options for Cormorant in terms of production and deployment, for potential applications including disaster response.

The overall deal between Boeing and Tactical Robotics could be much broader-reaching, however, and includes development and exploration of both piloted and autonomous VTOL aircraft. This is yet another example of how the VTOL industry is heating up in terms of partnership, investments and productization.

 


0

TriggerMesh scores $3M seed from Index and Crane to help enterprises embrace ‘serverless’

17:04 | 22 January

TriggerMesh, a startup building on top of the open source Kubernetes software to help enterprises go “serverless” across apps running in the cloud and traditional data centers, has raised $3 million in seed funding.

The round is led Index Ventures and Crane Venture Partners. TriggerMesh says the investment will be used to scale the company and grow its development team in order to offer what it bills as the industry’s first “cloud native integration platform for the serverless era”.

Founded by two prominent names in the open source community — Sebastien Goasguen (CEO) and Mark Hinkle (CMO), based in Geneva and North Carolina, respectively — TriggerMesh’s platform will enable organizations to build enterprise-grade applications that span multiple cloud and data center environments, therefore helping to address what the startup says is a growing pain point as serverless architectures become more prevalent.

TriggerMesh’s platform and serverless cloud bus is said to facilitate “application flow orchestration” to consume events from any data center application or cloud event source and trigger serverless functions.

“As cloud-native applications use a greater number of serverless offerings in the cloud, TriggerMesh provides a declarative API and a set of tools to define event flows and functions that compose modern applications,” explains the company.

One feature TriggerMesh is specifically talking up and very relevant to legacy enterprises is its integration functionality with on-premise software. Via its wares, it says it is easy to connect SaaS, serverless cloud offerings and on-premises applications to provide scalable cloud-native applications at a low cost and quickly.

“There are huge numbers of disconnected applications that are unable to fully benefit from cloud computing and increased network connectivity,” noted Scott Sage, co-founder and partner at Crane Venture Partners, in a statement. “Most companies have some combination of cloud and on-premises applications and with more applications around, often from different vendors, the need for integration has never been greater. We see TriggerMesh’s solution as the ideal fit for this need which made them a compelling investment”.

 


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UK watchdog sets out “age appropriate” design code for online services to keep kids’ privacy safe

15:33 | 22 January

The UK’s data protection watchdog has today published a set of design standards for Internet services which are intended to help protect the privacy of children online.

The Information Commissioner’s Office (ICO) has been working on the Age Appropriate Design Code since the 2018 update of domestic data protection law — as part of a government push to create ‘world-leading’ standards for children when they’re online.

UK lawmakers have grown increasingly concerned about the ‘datafication’ of children when they go online and may be too young to legally consent to being tracked and profiled under existing European data protection law.

The ICO’s code is comprised of 15 standards of what it calls “age appropriate design” — which the regulator says reflects a “risk-based approach”, including stipulating that setting should be set by default to ‘high privacy’; that only the minimum amount of data needed to provide the service should be collected and retained; and that children’s data should not be shared unless there’s a reason to do so that’s in their best interests.

Profiling should also be off by default. While the code also takes aim at dark pattern UI designs that seek to manipulate user actions against their own interests, saying “nudge techniques” should not be used to “lead or encourage children to provide unnecessary personal data or weaken or turn off their privacy protections”.

“The focus is on providing default settings which ensures that children have the best possible access to online services whilst minimising data collection and use, by default,” the regulator writes in an executive summary.

While the age appropriate design code is focused on protecting children it is applies to a very broad range of online services — with the regulator noting that “the majority of online services that children use are covered” and also stipulating “this code applies if children are likely to use your service” [emphasis ours].

This means it could be applied to anything from games, to social media platforms to fitness apps to educational websites and on-demand streaming services — if they’re available to UK users.

“We consider that for a service to be ‘likely’ to be accessed [by children], the possibility of this happening needs to be more probable than not. This recognises the intention of Parliament to cover services that children use in reality, but does not extend the definition to cover all services that children could possibly access,” the ICO adds.

Here are the 15 standards in full as the regulator describes them:

  1. Best interests of the child: The best interests of the child should be a primary consideration when you design and develop online services likely to be accessed by a child.
  2. Data protection impact assessments: Undertake a DPIA to assess and mitigate risks to the rights and freedoms of children who are likely to access your service, which arise from your data processing. Take into account differing ages, capacities and development needs and ensure that your DPIA builds in compliance
    with this code.
  3. Age appropriate application: Take a risk-based approach to recognising the age of individual users and ensure you effectively apply the standards in this code to child users. Either establish age with a level of certainty that is appropriate to the risks to the rights and freedoms of children that arise from your data processing, or apply the standards in this code to all your users instead.
  4. Transparency: The privacy information you provide to users, and other published terms, policies and community standards, must be concise, prominent and in clear language suited to the age of the child. Provide additional specific ‘bite-sized’ explanations about how you use personal data at the point that use is activated.
  5. Detrimental use of data: Do not use children’s personal data in ways that have been shown to be detrimental to their wellbeing, or that go against industry codes of practice, other regulatory provisions or Government advice.
  6. Policies and community standards: Uphold your own published terms, policies and community standards (including but not limited to privacy policies, age restriction, behaviour rules and content policies).
  7. Default settings: Settings must be ‘high privacy’ by default (unless you can demonstrate a compelling reason for a different default setting, taking account of the best interests of the child).
  8. Data minimisation: Collect and retain only the minimum amount of personal data you need to provide the elements of your service in which a child is actively and knowingly engaged. Give children separate choices over which elements they wish to activate.
  9. Data sharing: Do not disclose children’s data unless you can demonstrate a compelling reason to do so, taking account of the best interests of the child.
  10. Geolocation: Switch geolocation options off by default (unless you can demonstrate a compelling reason for geolocation to be switched on by default, taking account of the best interests of the child). Provide an obvious sign for children when location tracking is active. Options which make a child’s location visible to others must default back to ‘off’ at the end of each session.
  11. Parental controls: If you provide parental controls, give the child age appropriate information about this. If your online service allows a parent or carer to monitor their child’s online activity or track their location, provide an obvious sign to the child when they are being monitored.
  12. Profiling: Switch options which use profiling ‘off’ by default (unless you can demonstrate a compelling reason for profiling to be on by default, taking account of the best interests of the child). Only allow profiling if you have appropriate measures in place to protect the child from any harmful effects (in particular, being fed content that is detrimental to their health or wellbeing).
  13. Nudge techniques: Do not use nudge techniques to lead or encourage children to provide unnecessary personal data or weaken or turn off their privacy protections.
  14. Connected toys and devices: If you provide a connected toy or device ensure you include effective tools to enable conformance to this code.
  15. Online tools: Provide prominent and accessible tools to help children exercise their data protection rights and report concerns.

The Age Appropriate Design Code also defines children as under the age of 18 — which offers a higher bar than current UK data protection law which, for example, puts only a 13-year-age limit for children to be legally able to give their consent to being tracked online.

So — assuming (very wildly) — that Internet services were to suddenly decide to follow the code to the letter, setting trackers off by default and not nudging users to weaken privacy-protecting defaults by manipulating them to give up more data, the code could — in theory — raise the level of privacy both children and adults typically get online.

However it’s not legally binding — so there’s a pretty fat chance of that.

Although the regulator does make a point of noting that the standards in the code are backed by existing data protection laws, which it does regulate and can legally enforceable (and which include clear principles like ‘privacy by design and default’) — pointing out it has powers to take action against law breakers, including “tough sanctions” such as orders to stop processing data and fines of up to 4% of a company’s global turnover.

So, in a way, the regulator appears to be saying: ‘Are you feeling lucky data punk?’

Last April the UK government published a white paper setting out its proposals for regulating a range of online harms — including seeking to address concern about inappropriate material that’s available on the Internet being accessed by children.

The ICO’s Age Appropriate Design Code is intended to support that effort. So there’s also a chance that some of the same sorts of stipulations could be baked into the planned online harms bill.

“This is not, and will not be, ‘law’. It is just a code of practice,” said Neil Brown, an Internet, telecoms and tech lawyer at Decoded Legal, discussing the likely impact of the suggested standards. “It shows the direction of the ICO’s thinking, and its expectations, and the ICO has to have regard to it when it takes enforcement action but it’s not something with which an organisation needs to comply as such. They need to comply with the law, which is the GDPR [General Data Protection Regulation] and the DPA [Data Protection Act] 2018.

“The code of practice sits under the DPA 2018, so companies which are within the scope of that are likely to want to understand what it says. The DPA 2018 and the UK GDPR (the version of the GDPR which will be in place after Brexit) covers controllers established in the UK, as well as overseas controllers which target services to people in the UK or monitor the behaviour of people in the UK. Merely making a service available to people in the UK should not be sufficient.”

“Overall, this is consistent with the general direction of travel for online services, and the perception that more needs to be done to protect children online,” Brown also told us.

“Right now, online services should be working out how to comply with the GDPR, the ePrivacy rules, and any other applicable laws. The obligation to comply with those laws does not change because of today’s code of practice. Rather, the code of practice shows the ICO’s thinking on what compliance might look like (and, possibly, goldplates some of the requirements of the law too).”

Organizations that choose to take note of the code — and are in a position to be able to demonstrate they’ve followed its standards — stand a better chance of persuading the regulator they’ve complied with relevant privacy laws, per Brown.

“Conversely, if they want to say that they comply with the law but not with the code, that is (legally) possible, but might be more of a struggle in terms of engagement with the ICO,” he added.

Zooming back out, the government said last fall that it’s committed to publishing draft online harms legislation for pre-legislative scrutiny “at pace”.

But at the same time it dropped a controversial plan included in a 2017 piece of digital legislation which would have made age checks for accessing online pornography mandatory — saying it wanted to focus on a developing “the most comprehensive approach possible to protecting children”, i.e. via the online harms bill.

How comprehensive the touted ‘child protections’ will end up being remains to be seen.

Brown suggests age verification could come through as a “general requirement”, given the age verification component of the Digital Economy Act 2017 was dropped — and “the government has said that these will be swept up in the broader online harms piece”.

It has also been consulting with tech companies on possible ways to implement age verification online.

The difficulties of regulating perpetually iterating Internet services — many of which are also operated by companies based outside the UK — have been writ large for years. (And are mired in geopolitics.)

While the enforcement of existing European digital privacy laws remains, to put it politely, a work in progress

 


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Tencent to grow gaming empire with $148M acquisition of Conan publisher Funcom in Norway

15:23 | 22 January

Tencent, one of the world’s biggest videogaming companies by revenue, today made another move to help cement that position. The Chinese firm has made an offer to fully acquire Funcom, the games developer behind Conan Exiles (and others in the Conan franchise), Dune and some 28 other titles. The deal, when approved, would value the Oslo-based company at $148 million (NOK 1.33 billion) and give the company a much-needed cash injection to follow through on longer-term strategy around its next generation of games.

Funcom is traded publicly on the Oslo Stock Exchange, and the board has already recommended the offer, which is being made at NOK 17 per share, or around 27% higher than its closing share price the day before (Tuesday).

The news is being made with some interesting timing. Today, Tencent competes against the likes of Sony, Microsoft and Nintendo in terms of mass-market, gaming revenues. But just earlier this week, it was reported that ByteDance — the publisher behind breakout social media app TikTok — was readying its own foray into the world of gaming.

That would set up another level of rivalry between the two companies, since Tencent also has a massive interest in the social media space, specifically by way of its messaging app WeChat . While many consumers will have multiple apps, when it comes down to it, spending money in one represents a constraint on spending money in another.

Today, Tencent is one of the world’s biggest video game companies: in its last reported quarter (Q3 in November), Tencent said that it make RMB28.6 billion ($4.1 billion) in online gaming revenue, with smartphone games accounting for RMB24.3 billion of that.

Acquisitions and controlling stakes form a key part of the company’s growth strategy in gaming. Among its very biggest deals, Tencent paid $8.6 billion for a majority stake in Finland’s Supercell back in 2016. It also has a range of controlling stakes in Riot Games, Epic, Ubisoft, Paradox, Frontier and Miniclip. These companies, in turn, also are making deals: just earlier this month it was reported (and sources have also told us) that Miniclip acquired Israel’s Ilyon Games (of Bubble Shooter fame) for $100 million.

Turning back to Funcom, Tencent was already an investor in the company: it took a 29% stake in it in September 2019 in a secondary deal, buying out KGJ Capital (which had previously been the biggest shareholder).

“Tencent has a reputation for being a responsible long-term investor, and for its renowned operational capabilities in online games,” said Funcom CEO Rui Casais at the time. “The insight, experience, and knowledge that Tencent will bring is of great value to us and we look forward to working closely with them as we continue to develop great games and build a successful future for Funcom.”

In retrospect, this was laying the groundwork and relationships for a bigger deal just months down the line. 

“We have a great relationship with Tencent as our largest shareholder and we are very excited to be part of the Tencent team,” Casais said in a statement today. “We will continue to develop great games that people all over the world will play, and believe that the support of Tencent will take Funcom to the next level. Tencent will provide Funcom with operational leverage and insights from its vast knowledge as the leading company in the game space.”

The rationale for Funcom is that the company had already determined that it needed further investment in order to follow through on its longer-term strategy.

According to a statement issued before it recommended the offer, the company is continuing to build out the “Open World Survival segment” using the Games-as-a-Service business model (where you pay to fuel up with more credits); and is building an ambitious Dune project set to launch in two years.

“Such increased focus would require a redirection of resources from other initiatives, the most significant being the co-op shooter game, initially scheduled for release during 2020 that has been impacted by scope changes due to external/market pressures with increasingly strong competition and internal delays,” the board writes, and if it goes ahead with its strategy, “It is likely that the Company will need additional financing to supplement the revenue generated from current operations.”

 


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