Giovanni Battista Gallus

Globaleaks is an AGPLv3+ SaaS application for anonymous whistleblowing, developed by the Hermes Center. After receiving a prototype, the Italian Anticorruption authority (ANAC) re-published a version under EUPL, modifying attribution & copyright statement, removing reasonable notice from GUI, and failing to fully comply with source code obligations. The controversy was brought to Court and eventually settled, restoring the correct license, and patching the other issues. Several lessons learned.

Globaleaks is an AGPLv3+ SaaS application for anonymous whistleblowing, developed by the Hermes center for transparency and digital human rights. After receiving a prototype, the Italian Anticorruption authority (ANAC) re-published a modified version (developed via a public tender) under EUPL, modifying attribution & copyright statement, removing reasonable notice from GUI, and failing to fully comply with the obligation to convey the corresponding source code. After several attempts for an off-court solution, the question was finally settled by the parties, restoring the correct license, and the other issues. There are several lessons to be learned by this controversy. License compatibility and the other free software obligations (including conveying the corresponding source code) are not to be taken lightly, and require a good degree of knowledge and expertise, especially when they are related to an application which has been implemented by several Public administrations

Speakers: Carlo Piana - Lawyer with 25+ years experience in IT, former GC for FSFE and member of the Council of its Legal Network, serves as member of IP&OS advisory of UNTIL (United Nations). President of euroITcounsel, editor of Jolts (formerly Ifosslr).

Fabio Pietrosanti - Naif (Project leader) - Fabio Pietrosanti has been part of the hacking digital underground with the nickname “naif” since 1995, while he’s been a professional working in digital security since 1998. President and co-founder of the Hermes Center for Transparency and Digital Human Rights, he is active in many projects to create and spread the use of digital tools in support of freedom of expression and transparency. Member of Transparency International Italy, owner of Tor’s anonymity nodes, Tor2web anonymous publishing nodes, he is among the founders of the anonymous whistleblowing GlobaLeaks project, nowadays used by investigative journalists, citizen activists and the public administration for anti-corruption purposes. He is an expert in technological innovation in the field of whistleblowing, transparency, communication encryption and digital anonymity. As a veteran of the hacking and free software environment, he has participated to many community projects such as Sikurezza.org, s0ftpj, Winston Smith Project, Metro Olografix, among others. Professionally, he has worked as network security manager, senior security advisor, entrepreneur and CTO of a startup in mobile voice encryption technologies.

Giovanni Battista Gallus - Lawyer, ISO27001 Lead Auditor, freesoftware advocate, Former President of @CircoloGT, Nexa Fellow. ITLaw, privacy, security & drones.

Copyright, Criminal, Data Protection/Privacy and IT law are his main areas of expertise. In the last years, he is devoting a significant part of his practice to the legal aspects of UAVs (drones) After a cum laude degree in Law in Italy, he moves to Great Britain for the Master of Laws in Maritime Law e Information Technology Law at the University College London - UCL. Afterwhile, he earns a PhD. In 2009 he obtains the European Certificate on Cybercrime and Electronic Evidence (ECCE). He is ISO 27001:2013 Certified Lead Auditor (Information Security Management System). Member of the Bar of Cagliari since 1996, admitted to the Supreme Court since 2009, Data Protection Officer, he is a fellow of the Department "Informatica Giuridica" at the Università Statale of Milan where he teaches in the Post-Graduate Course in Digital Forensics and cybercrime. He also teaches at the Master for Data Protection Officers, organized by the Politecnico of Milan. Fellow of the Nexa Center on Internet and Society and of the Hermes Center for Transparency and Digital Human Rights. Author of several publications on the above mentioned areas and speaker at the main national and international congresses, he sides his legal profession an intense teaching activity, mainly in the field of copyright, Free/Open Source Software, data protection, IT security, digital forensics and drones.

Alberto Pianon - IT Lawyer with 10+ years experience in open source licensing and compliance, LL.M. in Law & Economics, member of the Legal Network of the FSFE.

Other people: Fabio Pietrosanti (naif) Carlo Piana Alberto Pianon

In a perfect world, lawyers (and the entire legal system) should not be necessary. And in a perfect FOSS world, everyone respects each and every provision of every license. The reality is, however, very different, and enforcement may be a necessary evil. This need does not mean we have to open the gates to be flooded by "copyleft trolls", but to establish a sound enforcement policy, in order to unleash the lawyers only for the most blatant and repeated violations

Affirmative position: FOSS licenses should not be enforced.

1. First Affirmative Constructive (1AC) = 7 minutes a. Cross-examination of First Affirmative by Second Negative = 3 minutes
2. First Negative Constructive (1NC) = 7 minutes a. Cross-examination of First Negative by First Affirmative = 3 minutes
3. Second Affirmative Constructive (2AC) = 7 minutes a. Cross-examination of Second Affirmative by First Negative = 3 minutes
4. Second Negative Constructive (2NC) = 7 minutes a. Cross-examination of Second Negative by Second Affirmative = 3 minutes
5. First Negative Rebuttal (1NR) = 3 minutes
6. First Affirmative Rebuttal (1AR) = 3 minutes
7. Second Negative Rebuttal (2NR) = 3 minutes
8. Second Affirmative Rebuttal (2AR) = 3 minutes

Other people: Pamela Chestek Marc Jones McCoy Smith

FSFE has recently launched the campaign "Public Money, Public code”, which promotes legislation requiring that publicly financed software developed for the public sector is made publicly available under a Free and Open Source Software licence. However, under the Italian Digital Administration Code, we already have a provision (amended in 2016) which seems to have similar effects. We tried to use it as a legal hack to make available the source code of publicly financed whistleblowing software.

The campaign "Public Money, Public code”, recently launched by the FSFE, aims at convincing the representatives to propose legislation requiring that publicly financed software developed for the public sector is made publicly available under a Free and Open Source Software licence. However, under the Italian Digital Administration Code (d.lgs 82/2005) we already have a provision (amended in 2016), in art. 69, which states that all public administrations have a duty to make available custom-made publicly financed software, together with the documentation, and to release it under an open licence, in free use, to other public administrations and other legal entities (with a few exceptions, regarding public security, national defense and the electoral process). We tried to use art. 69 as a legal hack to make available the source code of publicly financed whistleblowing software, from some municipalities and publicly controlled companies. The outcome has not been entirely satisfactory.

The talk will be given by Giovanni Battista Gallus (fellow) and Fabio Pietrosanti (President) of the Hermes Center for Transparency and Digital Human Rights. The mission of the Hermes Center is to promote and develop in the society the awareness of and the attention to transparency and accountability, be they related to the society-at-large or not. Our goal is to increase the citizens’ involvement in the management of matters of public interest and to boost the active participation of workers and employees to the correct management of corporations and companies they work for.

Giovanni Battista Gallus: Lawyer, ISO27001 Lead Auditor, freesoftware advocate, Former President of @CircoloGT, Nexa Fellow. ITLaw, privacy, security & drones.

Copyright, Criminal, Data Protection/Privacy and IT and New Technologies law are his main areas of expertise. In the last two years, he is devoting a significant part of his pratice to the legal aspects of UAVs (drones) After a cum laude degree in Law in Italy, he moves to Great Britain for the Master of Laws in Maritime Law e Information Technology Law at the University College London – UCL. Afterwhile, he earns a PhD. In 2009 he obtains the European Certificate on Cybercrime and Electronic Evidence (ECCE). He is ISO 27001:2005 Certified Lead Auditor (Information Security Management System). Member of the Bar of Cagliari since 1996, admitted to the Supreme Court since 2009, he is a member of the Department “Informatica Giuridica” at the Università Statale of Milan and he is a teacher at the Post-Graduate Course in Digital crime and Digital Forensics. Fellow of Nexa Center on Internet e Society and of the Hermes Center for Transparency and Digital Human Rights. Author of several publications on the above mentioned areas and speaker at the main national and international congresses, he sides his legal profession an intense teaching activity, mainly in the field of copyright, Free/Open Source Software, data protection, IT security and digital forensics. Former President of Circolo dei Giuristi Telematici, founded in 1998, first initiative to gather IT law experts in Italy.

Fabio Pietrosanti: Fabio Pietrosanti has been part of the hacking digital underground with the nickname “naif” since 1995, while he’s been a professional working in digital security since 1998. President and co-founder of the Hermes Center for Transparency and Digital Human Rights, he is active in many projects to create and spread the use of digital tools in support of freedom of expression and transparency.

Member of Transparency International Italy, owner of Tor’s anonymity nodes, Tor2web anonymous publishing nodes, he is among the founders of the anonymous whistleblowing GlobaLeaks project, nowadays used by investigative journalists, citizen activists and the public administration for anti-corruption purposes. He is an expert in technological innovation in the field of whistleblowing, transparency, communication encryption and digital anonymity.

As a veteran of the hacking and free software environment, he has participated to many community projects such as Sikurezza.org, s0ftpj, Winston Smith Project, Metro Olografix, among others. Professionally, he has worked as network security manager, senior security advisor, entrepreneur and CTO of a startup in mobile voice encryption technologies.

Other people: Fabio Pietrosanti (naif)

Drones have become ubiquitous: from small toys to remote piloted aircrafts, they are not uncommon anymore. FOSS is fundamental for the drone (or UAV) environment: several drone platforms are based on it, like Dronecode and various autopilot systems. The talk will address the possible interactions with FOSS drone components, and the pressing issues of security and privacy.

Drones were, not many years ago, an exotic item, straight from SF movies. In very few years, they have become ubiquitous, and FOSS has played a fundamental role in this very fast expansion. Several important drone platforms and software rely on FOSS components, and one of the most prominent projects, Dronecode, is governed by the Linux Foundation. The expansion of drones has triggered a regulatory frenzy, not only at the national level, but also at the European one: EASA (the European Aviation Safety Authority) has already released the second draft of the ‘Prototype’ Commission Regulation on Unmanned Aircraft Operations, which may be approved during 2017, while the EU General Data Protection Regulation 2016/679 has several articles which have a direct influence on the developing of drones. Principles like data protection by design and data protection by default cannot be ignored for developers involved in FOSS drone platforms. The talk will examine the current (and future) European Legal framework, in order to assess the interactions between EU safety security and privacy regulations, and the “FOSS powered” development of drones.

The tragic terrorist attacks in Paris have fueled, even more than before, a strong campaign against widespread adoption of encryption tools, even if it soon became clear that the terrorists hadn't used any. While in USA plans for the adoption of compulsory backdoors, in order to circumvent encryption, have been apparently abandoned, many European States seem to perceive encryption software and devices as one of the worst evils. Which is the role of FOSS and FOSS developers in this scenario? How can we enhance communication privacy, without breaking any regulations?

FOSS has always played a key role in enabling secure communications and systems: from encrypting filesystems to allowing anonymous browsing, free and open source tools are fundamental. In the aftermath of the tragic terrorist attacks in Paris, a strong campaign against widespread adoption of encryption tools has gained momentum, even if it soon became clear that the terrorists hadn't used any anonymization technique. While in USA plans for the adoption of compulsory backdoors, in order to circumvent encryption, have been apparently abandoned, many European States seem to perceive encryption software and devices as one of the worst evils. How can FOSS and FOSS developers play a part in this scenario? Will it still be possible to develop and use encryption, to enable communication privacy, or will developers and users run the risk of incurring in some liability? The talk will examine the current European Legal framework, in order to assess which part can FOSS have in the ever-shifting balance between security and privacy, involving the audience with some case studies and personal experiences.

So-called "app stores" are becoming a popular means of distributing software, particularly for mobile devices. However, the rise of app stores has been accompanied by tensions with free software/open source legal norms. Companies controlling official app distribution channels for their platforms typically place restrictive terms on both users and developers in ways that may be difficult or impossible to harmonize with requirements and expectations around FLOSS licensing. Moreover, there is a perception that noncompliance with FLOSS licenses is prevalent in app store distribution. This panel will explore some of the problems arising out of the intersection between app stores and FLOSS, under EU as well as US law, and will discuss possible solutions.

Other people: Bradley M. Kuhn Hugo Roy Richard Fontana