Tagged with Privacy

Live In Infamy

My essay at The New Inquiry

Given the shadowy practices of data-harvesting and the ubiquity and permanence of social media information, what kinds of young people will choose to run for office?

By now we’ve been trained to record only those behaviors that reflect well on ourselves, lest our employers interpret our cocktail-crushing prowess the wrong way. But Facebook’s privacy settings are clumsy and easy to circumvent. Elsewhere, blog posts, life-tracking data, consumer preferences, and check-in beacons can just as easily be ripped from their context and misdirected to an unintended audience – and meanwhile, the social networks, publishing platforms and shopping hubs just keep multiplying. For those young people interested in running for office, this poses considerable danger.

In Julie Cohen’s Configuring the Networked Self, the legal scholar reveals how much of our thinking on privacy is stifled by the language of authenticity and illusory control. She begins by reminding us that many of the corporate and political actors who favor strong protection for trade secrets share an economic interest with those who lobby for weaker privacy protection. What connects these two is the desire to commodify information and to harness “infrastructures that render individual activity transparent to third party observers.” Companies want to sell us targeted ads, but they don’t want to reveal how they construct their targeting system. Couched in favorable market language, we’re offered an enhanced, personalized experience, discounts and entertainment, social freedom – in exchange for our participation in an all-enveloping apparatus for market research. Still, we aren’t exactly sure what we’re giving up.

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After Petition Against CISPA, Obama Responds

Responding to a petition signed by over 100,000 people on the White House’s We The People website, the Obama Administration has issued clarifying remarks on its stance towards CISPA. The President does not support the version of CISPA that the House of Representatives passed earlier this month. And as the Senate is expected to put forth its own version of the bill, Obama hopes to provide guidance for any new legislation.

According to Obama’s official response, the Administration will only stand by information-sharing legislation that embody “three key principles.”

1. “minimizing information that can be used to identify specific individuals.” This means erring on the side of discretion regarding the personal information of users/clients especially if that data is irrelevant to a specific cyber attack.

This, of course, is uncomfortably vague. Without the need for warrants, how will government agencies and private companies decide what is relevant information and what is not?

2. “new information should enter the government through a civilian department rather than an intelligence agency.” Here, Obama would like to see that the data collected under the protection of CISPA is gathered not by the NSA or the CIA but through civilian channels, like the Department of Homeland Security.

A longstanding American axiom: the CIA should not be able to spy on US citizens.

3. “Any new legislation ought to provide legal clarity for companies…But it should not provide broad immunity for businesses and organizations.” The Administration is hoping to guard against “unwarranted disclosure of personal information,” as well as practices that would “likely to cause damage to third parties.”

This last principle hopes to rid the legislation of dangerously broad language that would embolden companies to needlessly turn over damning personal data.

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Updating an E-Mail Law From the Last Century

Somini Sengupta reports in the New York Times

The current statute requires a warrant for e-mails that are less than six months old. But it lets the authorities gain access to older communications — or bizarrely, e-mails that have already been opened — with just a subpoena and no judicial review.

The law governs the privacy of practically everything entrusted to the Internet — family photos stored with a Web service, journal entries kept online, company documents uploaded to the cloud, and the flurry of e-mails exchanged every day. The problem is that it was written when the cloud was just vapor in the sky.

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WikiLeaks, The Pentagon Papers And The Free Press

The Columbia Journalism Review interviews James Goodale, chief counsel of the New York Times during the release of the Pentagon Papers in 1971 and author of the forthcoming book, “Fighting for the Press.”

On the similarities between the Pentagon Papers and WikiLeaks/Julian Assange:

Well, I think it’s very much the same thing. We have a leak of classified information. And by the way — you’ve got to remember [Bradley] Manning’s the leaker. Everyone says Assange is a leaker. He’s not a leaker. He’s the person who gets the information.

So why we’re so concerned about the prosecution of Assange is what he did is the same as what the Times did in the Pentagon Papers, and indeed what they did with WikiLeaks. The Times published on its website the very same material WikiLeaks published on its website. So if you go after the WikiLeaks criminally, you go after the Times. That’s the criminalization of the whole process.

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Google Testifies To Congress Calling For Email Privacy

Writing on The Verge, Carl Franzen reports that Google’s legal director, Richard Salgado, will testify in front of a subcommittee in the House of Representatives. Salgado will argue for a legislative update on the 1986 Electronic Communications Privacy Act (ECPA).

The subcommittee’s meeting subject: “Lawful access to stored content,” will deal with our society’s mismatch between new information technology and outdated legal paradigms.

Other companies and privacy advocates have spent years calling for updates to ECPA. The law currently gives government agencies and law enforcement organizations the ability to request all user email older than 180 days with just a subpoena, while access to newer email requires a stricter search warrant. The law has also been used to enable the government to request other cloud-based user information and even mobile device location information. But Google and those calling for reform want to see search warrants required to access all stored web user info and emails, regardless of their freshness or whether users have opened them.

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Memoto, The Lifelogging Camera

Memoto SXSW

Jenna Wortham/ The New York Times

Reporting from SXSW in Austin, Jenna Wortham sketches the new product from Memoto, a tiny, wearable camera that captures moments every 30 seconds.

Memoto’s camera hints at some of the issues that will emerge about privacy, ownership of data and social etiquette as automatic lifelogging devices like theirs, or Google Glass, become more prevalent in the wild. There are also larger questions about how secure the sensitive information captured on these devices will turn out to be, or what happens should these companies go out of business, potentially taking reservoirs of personal information captured over the years with them.

 

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Adrien Chen On Theorizing The Web

Betabeat has a write up of the awesome conference that went down last weekend on internet issues and social media, Theorizing The Web. Gawker writer Adrien Chen has some reflections too.

If you read Nathan Jurgenson’s pieces on Snapchat or Instagram, you see someone who really values and understands the technology but is also highly skeptical and curious about how it really works. It all goes back to the question of control: Are we letting these technologies control us while Silicon Valley billionaires get rich? Or can we maintain our critical facilities and agency, while still taking advantage of social media? Theory can help us address the very real issues about social media without falling into the technophobic “is facebook making us lonely” panic that characterizes so much mainstream discourse around social media and the internet.

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Proposed Ohio Law Would Officially Allow Snooping on Kids’ Text Messages, Calls, and Emails

Writing on Slate, Ryan Gallagher reports on an Ohio representative’s bill that would enable adults to monitor their children’s digital communication.

“Rep. Brian Hill, R-Zanesville, is pushing to amend a state wiretapping law…making it permissible for parents, grandparents, guardians, and custodians to snoop on their kids’ communications so long as they are under the age of 18. The interception would have to be made, according to the proposed law, “in good faith for the protection of the child.”

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