B (16:42)
Yep. And you can't open, you can't spread the scissors open because they're being kept closed by the hasp of the padlock. No. It's clean and simple and I think it's very elegant. So I'm happy to give this person the, the award. Okay. So when is a fine not a fine? And the answer to that little question is when you don't pay it. Oh, because, you know, just an intent, I guess, at that point. This was a piece of news, actually, that I came across last week, but, and, and even then it was a couple weeks old, but I wasn't able to fit it into last week's podcast. I held onto it for, for today because I just, I found it so interesting. The numbers are somewhat astonishing. It turns out that levying a fine for some perceived misconduct and collecting the fine for said misconduct are two very different things. The headline in the Irish Times reads, data Protection Commission owed. Get this, more than €4 billion in fines. In other words, people aren't paying them. The tagline notes that levies have either not been collected or are subject to legal challenge, because, of course, we challenge everything these days. So here's what we learned from the. From the Irish Times. They wrote, the Data Protection Commission, the DPC is owed more than 4 billion. Maybe I said dollars, I meant euros. 4 billion euros in fines that have not been collected or may be subject to legal challenge. The DPC hit companies, including firms and big tech, with more than 530 million euros just last year, so just in 2025. However, of that 530 million euros, only 125,000 of that has been collected so far. And that's actually a much higher percentage than we get if we go a little bit back further in history. And that's according to data that was released under the Freedom of Information laws in the EU. Over the past six years, the Commission has levied, they wrote, an incredible 4.04 billion euros in fines, mostly against multinational technology companies, you know, big ones, we all know their names. However, of that total, right, 4.04 billion euros, 4.02 billion remains uncollected. Only 20 million euros of 4.04 billion euros has been paid so far. In 2024, 653 million euros worth of fines was levied of. Of which €582,000 was paid. So again, a small piece of that. The year before that, the DPC imposed fines worth 1.55 billion euros, yet just 815, 000 were collected. Still, that's a larger percentage than. Than overall. During 2022, the commission decided on fines with a value of over 1 billion, 17 million of that were paid. So they're not having any luck collecting this. They said that five years ago, in 2021, companies were ordered to pay 225 million, 800,000 was collected and in 2020. So now we're back six years when just went on back then, €785,000 were imposed. Less than 10% was paid. So the data, the Data Protection Commission said the majority of these cases were currently the subject of appeals. So, right, you get a fine, you appeal it, you don't want to pay it, and it's, you know, better to pay it tomorrow than to pay it today. The DPC said that under legislation, fines could not be collected until they were confirmed in a court and an appeals immediately stops that, they said where an entity subject to a fine decides to appeal, the DPC is precluded in law from collecting the fine until the appeal has been heard. The Commission said that many of the fines hinged on a key case involving WhatsApp, which is before the Court of Justice in the EU. Asked whether any of the fines were considered uncollectible for any reason, the DPC said that none were in that, that were. None were classified that way. So, you know, we're often talking here about the monetary consequences of some corporate behavior for which a company will be fined, often breathtakingly large sums of money if they don't do what the government in question says you have to do. But as I said or noted at the top, a fine that's not paid is more of a threat, right? And that costs the company nothing to have them being threatened with a fine, even if there's a number value attached to it. It appears from the accounting over the past six years that all any company needs to do is challenge and appeal the validity of the fine, which immediately stops it, prevents it from taking effect, while then they let the appeal languish in the EU's courts. As I said, better to pay it tomorrow than to pay it today if they, even if they ever pay it. Since the European Commission noted that many of the fines hinged on a key case involving WhatsApp, I tracked that down because I thought, okay, what, what? The fine in question was initially in the amount of 50 million euros, which was imposed five years ago in 2021 by the Irish Data Protection Commission for alleged GDPR violations. And those were related to how WhatsApp failed to inform its users about the processing of their personal data. And I have no doubt that we talked about at the time, this is one of those things like, oh, look, they're being bad, they're being fined. Turns out that they did, you know, oops, wait, we're going to challenge that. Interestingly, upon the imposition of that 50 million euro fine the year by the, by the Irish Data Protection Commission. The European Data Protection board, that's the EDPB, intervened in this 50 million euro and directed the Irish authority to increase the fine amount to 225 Euros again. WhatsApp, Meta immediately appealed that decision and is now taking the case up through European Union courts, where it currently remains undecided. So, and everybody else is saying, wait, you know, if, why should we be paying a fine if Meta isn't? And that one's five years ago. So we're going to wait to see how that turns out. And on that basis they're all, they've all appealed and everything's jammed up. Anyway. I thought it was interesting to note that of the 4.04 billion euros in fines which have been imposed so far, only 20 million have actually been paid. Wow. Western democracies are increasingly embracing the concept of offensive cyber actions and are updating their national legal frameworks to legalize future options. I've talked about this last two weeks, right? First it was Germany and then it was Denmark that were both wanting to formally or no, Ireland formally make that what they wanted to do legal, like installing what we would consider spyware into the phones of their citizenry and perhaps others. So I want to share that opening editorial from Friday's Risky Business News, which nicely explains what's going on. Their opening headline was Denmark. That's why I was thinking of Denmark. Denmark recruits hackers for offensive cyber operations. And they write, Denmark's military and intelligence service has launched a campaign to recruit cybersecurity specialists. We would call them hackers, probably for, because you'll see there the qualifications are a little sketchy. Recruit cybersecurity specialists for offensive cyber operations. The recruits will work, quote, to compromise the opponent's networks and obtain information for the benefit of Denmark's security, unquote. According to a press release last week by the DDIs, which is the Danish Defense Intelligence Service, new recruits will go through a five month training course at the agency's hacker academy. The DDIS says it's only interested in the applicant's skills. There are no special conditions for joining, such as age or education. While the intelligence agencies are always recruiting, this particular announcement comes at a crucial point, both because of the Greenland pressure point, but also because of a general shift towards offensive cyber operations among democratic states. And so this is a big deal, right, that now we're beginning to see cyber going on the offense. Offensive cyber operations among democratic states, they wrote. Countries like Canada, Germany, Finland, France, Japan, the Netherlands, Poland and Sweden have or are updating their legal frameworks to account for offensive cyber operations. According to a recent report, the states are creating new agencies for offensive cyber or recruiting more cyber personnel for the new objectives. Most of these expansions are direct result of Russia's invasion of Ukraine and the role offensive cyber operations have played before and during the conflict. Lawmakers are also getting annoyed with the increasing aggressiveness of cybercrime and influence operations that are constantly targeting their own citizenry. So no, it's no longer taking it passively, right? It's like, we're gonna fight back, everybody else is, so why can't we? They wrote. Over the past five years, we've also seen U. S Cyber Command and the NSA successfully tackle some cybercrime and disinfo farms when they crossed some lines. Something that's making other states take notice and embrace a so called defend forward approach. Right. We're not going to call it offensive, we're going to call it defending forward. While the US has conducted more offensive cyber operations than any other Western democracy even, it is considering an expansion. With the Trump administration pushing Congress to let Cyber Command go on the offensive more often with fewer rules and restrictions. The current administration is also terrified of this is what this, this reporter wrote. Terrified of China's massive cyber ecosystem, which is conducting cyber espionage at industrial scale. Well, that we know from our own reporting and experiences. Recent backroom discussions have raised the possibility of the US Tapping into its huge private contracting ecosystem as China does, to augment some of its offensive cyber capabilities. The, the general idea is to task contractors with handling smaller jobs targeting cybercrime infrastructure while government agencies handle the more sensitive operations. Okay, so as they say, the gloves are finally coming off and, you know, cyber is generally going on the offensive or at least developing. I'm surely obviously still defensive. Right. We need a strong defense. But, and presumably this has been going on in the dark by, you know, offensively sort of under wraps for some time. We noted that both Germany and Ireland are at work revising their nation's legal frameworks to permit their intelligence and law enforcement agencies to become far more proactive in monitoring the cyber environment. Right up to the point and including legalizing the installation of spyware. We know that the UK has been headed in the same direction as well. And now we see that similar changes are being reflected in in updates to national military posture and capabilities. So the world is changing and it is up arming on the cyber front.