Democracy cannot ignore technology: Notes from a lecture

Not really sure if this should be called a lecture as it was part of a panel presentation where we were allotted 15 minutes each and then questions. The setting was interesting as it was part of the Swedish Parliaments annual conference about the future and the people asking the questions were all politicians. So for my 15 minutes (of fame?) I chose to expand on the ill effects of politics ignoring technology (or taking it as a stable, neutral given).

The presentation began with a quote from Oliver Wendell Holmes jr.

It cannot be helped, it is as it should be, that the law is behind the times.

What I wanted to do was to explain that the law has always been seen as playing catchup. This is not a bug in the law it is a feature of the law. Attempting to create laws that are before the time would be wasteful, unpopular and quite often full of errors about what we think future problems would be. I wanted to include a quote from Niels Bohr

Prediction is very difficult, especially about the future.

But time was short and I needed to avoid meandering down interesting – but unhelpful – alleyways.

Instead I reminded the audience that many of our fundamental rights and freedoms are 300 years old and, despite being updated, they are prone to being increasingly complex to manage or even outdated when the basic technological realities have changed. This was the time of Voltaire who is today mainly famous for saying

I disapprove of what you say, but I will defend to the death your right to say it

(Actually he never said this. The words were put in his mouth by the later writer Evelyn Beatrice Hall. But lets not let the truth get in the way of a good story.)

The period saw the development of fantastic modern concepts such as democracy, free speech and autonomy may be seen as products of the enlightenment. They remain core values in spite of the fact that our technological developments have totally changed the world in which we live. For the sake of later comparison I added that the killer app of the time was the quill. Naturally there were printing presses but as these are not personal communication devices they provide easier avenues of control for states. In other words developing concepts of free speech must be seen in the light of what individuals had the ability to do.

As I had been asked to talk about technology and society I chose to exemplify with the concept of copyright which was launched by the Statute of Ann in 1710. In Sweden copyright was introduced into law in the 19th century and the most recent thorough re-working of the law was in the 1950 with the modern (and present) Swedish copyright Act entering into the books in 1960. The law has naturally been amended since then but has received no major reworking since then. The killer app of the 1960s? Well it probably was the pill – but that’s hardly relevant, so I looked at radio and tv. The interesting thing about these is that they are highly regulated and controlled mass mediums. While they are easy to access for the consumer, they are hardly platforms of speech for a wider group of people.

Moving along to the Internet, the web, social media and the massive increases in personal devices have created a whole new ball game. These have create a whole new way of social interaction among citizens. The mass medium of one to many is not the monopoly player any more. So what should the regulator be aware of? Well they must take into consideration the ways in which new technologies are changing actual social interaction on many levels and also the changes in fundamental social values that are coupled with our expectations on the justice system.

The problem is that all to often regulators (as they are ordinary people) tend to take as their starting point, their own user experience. In order to illustrate what I meant I include one of my favorite Douglas Adams quotes (it’s from The Salmon of Doubt)

Anything that is in the world when you’re born is normal and ordinary and is just a natural part of the way the world works. Anything that’s invented between when you’re fifteen and thirty-five is new and exciting and revolutionary and you can probably get a career in it. Anything invented after you’re thirty-five is against the natural order of things.

Therefore it is vital not to ignore the role of technology, or to underestimate its effects. Looking at technology as – simply technology – i.e. as a neutral tool that does not effect us is incredibly dangerous. If we do not understand this then we will be ruled by technology. Naturally not by technology but by those who create and control technology. Law and law makers will become less relevant to the way in which society works. Or does not work.

In order to illustrate this, I finished off with a look at anti-homless technology – mainly things like park benches which are specifically designed to prevent people from sleeping on benches. In order to exclude an undesirable group of people from a public area the democratic process must first define a group as undesirable and then obtain a consensus that this group is unwelcome. All this must be done while maintaining the air of democratic inclusion – it’s a tricky, almost impossible task. But by buying a bench which you cannot sleep on, you exclude those who need to sleep on park benches (the homeless) without even needing to enter into a democratic discussion.

If this is done with benches, then what power lies in the control of a smart phone?

Here are the slides used with the lecture.

Technology will be abused

Recently the developer of weapons-grade pepper spray, Kamran Loghman, gave an interview where he criticized the UC Davis police using “his” product on peaceful protesters. The interview describes him as shocked and bewildered at this obvious overuse of force.

So I can understand his shock at the overuse of force but I have a hard time seeing that he could not have seen his weapon being abused in this way. It is not hard to see that developers of technology prefer to see their implementation in well meaning situations and used by balanced and fair individuals. But the reality that every technology developer must have is that all technology can, and will, be abused.

By attempting to adopt social control on technologies the developer is being naive. Logham is a well intentioned inventor and has even developed policies for the use of pepper spray by police. But as everyone should know by now – the road to hell is paved with good intentions.

But do we learn? Hardly!

The BBC has an interesting article about how a laser gun is going to be tested by the police as a future weapon against rioters. The laser gun temporarily blinds it’s victims and has great advantages over tear gas and pepper spray as the user does not have to be close to the rioters, it has an effective range of 500m.

The enthusiastic managing director Paul Kerr is quoted as saying “If you can’t look at something you can’t attack it”. The technician inside us sees everything as a fascinating technical solution that needs to be solved, the businessman within looks for opportunities for profit. Both manage to compartmentalize away any social responsibility in order to develop and sell weapons intended to be used against unarmed citizens. How nice.

So how long will it take before this is used in innovative new ways against those who do not deserve it?

What is good design for you?

In praise of analogue technologies

All of us are immersed in technologies but when we speak of technology we inevitably jump to the digital varieties. This is unsurprising as these are the new, new things of the day. It’s also unsurprising as we have been taught to be enthralled by shiny technology due to the ways in which Apple has designed and marketed their products.

In addition to this my own views of design and desire is warped by my workplace and research interests. This results in the creating of the idea that design must, almost exclusively, deal with digital technology.

But there is something very limiting in this worldview and I would like to get a better perception of the design of everyday things. One way to go is to read the design books – and I can highly recommend this approach – why not read, for example, Don Norman’s The Design of Everyday Things.

But I want to go another way and explore design through the things that surround us. We are in a period of design fetishism where good must be expensive and then gets priced that way. So price is involved but I would like to go beyond the dominance of price in looking for, and at, design.

So what I would like is to collect examples of good design with a motivation as to why it is good design. I am not looking for consensus but for stories. So to kick it off I would like to give some examples of good analogue design.

The Barcelona chair – this is a visual object that changes the room in which it is set. It pleases me to sit in it even if other chairs would do the job equally well. It’s affect on me is entwined with my ideas of the chair as well as the object itself.

Good kitchen knives. The balance of a “real” kitchen knife is extremely tactile. It fits and becomes an extension of the hand that uses it. Equally a bad knife makes cooking a chore.

The Merkur razor. At some point I got tired of being owned by Gillette and bought a real old razor with real old razor blades. It’s heavy and does not fit in the hand like the kitchen knife but because of its weight and the risk of cuts turns a boring everyday task into a meditative act. Sure, I may bleed a bit more but the morning ritual is totally different today.

So please let me know, what are your examples of good design?

Because we can: comments from a lecture

The weekend and FSCONS is now over. This year my presentation was the last talk of the final session. It’s a dirty job but someone’s got to do it?

My presentation was on the topic of privacy and raised the question of whether it is possible to maintain ones privacy in the world of extreme technology dependencies and broad social technology adoption. The answer is, dependably & depressingly, negative.

The talk was entitled Off the Grid: is anonymity possible? And focused on different forms of surveillance that are in the hands of uncommon players today. This is not big brother society, this is not little brother society. What we have is a society were privacy is lost because our contacts inform their contacts of interesting details from our lives. These details are able to be spread further by my contacts contacts. Potentially reaching the ends of the Internet. Whether or not this happens does not depend on anything I control but the interestingness of the information.

To illustrate this I displayed this tweet:

Translation: Thing that can happen at #fscons: @Klang67 proclaims himself queen. A bit unclear over what.

This is a form of surveillance through acquaintances and therefore I have chosen to follow the French wording (surveillance is French for viewing from above) and called this connaivellance for the fascinating word connaissance or acquaintance. I find the French word more interesting than the English as its root connai is the word for knowledge. Therefore, the French connaissance (acquaintance) is someone who has knowledge of you. How very apt.

The next form of surveillance is the self-surveillance of the social media age where we tell the world of ourselves. Or as a professor I met earlier in the week protested, with absolute conviction: “Twitter? That’s only people telling each other what they had for breakfast!”

Another thing I find fascinating with social media is the way it shapes our communication. One part of this is the way in we move towards the extremes. Few people online drink coffee, read books, or listen to lectures… We all seem to read fantastic/terrible books, drink great or awful coffee and lectures are either inspiring or snooze fests. All this with a shower of smileys too.

Both this autoveillance (which I have written more about here) and this connaivellance filled much of my lecture. As the law fails to protect, and our acquaintances and ourselves enthusiastically push information the last lines of defense must be the attitudes and interests of the social media creators. What my lecture showed was that protecting us is not in their interest. Therefore we stand unprotected. The slides from my presentation:

This morning I came across a further example of surveillance which needs to be added to the list. The story comes from a Forbes article by Dave Pell, entitled Privacy Ends at Burger King. The short version of the story is that a man who heard a married couple argue at Burger King began live tweeting the event and added pictures and even video clips. He began his broadcasting with the tweet “I am listening to a marriage disintegrate at a table next to me in this restaurant. Aaron Sorkin couldn’t write this any better.”

Pell’s analysis:

In that Burger King, Andy Boyle thought he was listening to the disintegration of a couple’s marriage. He was really hearing the crumbling of his own ethics and self-restraint. We can’t stand by and let an alliance between technology and poor judgement disintegrate all decency, and turn every human exchange into another tawdry and destructive episode on a never-ending social media highlight reel.

This example provided an interesting additional example to my discussion on surveillance. For me, this example shows an additional reason why any attempts to control social media (legally, socially or technically) will fail. The desire of people to communicate the interestingness in their (and others) lives makes control a difficult affair.

FSCONS continued late into the night.

Why I love #fscons

For an academic, conferences are a way of life. At their best they are crossroads and meeting places between academics working either on the same topic or with the same method or theory. In the worst case they are an event where you meet the same people, talk about the same things and re-draw familiar battle lines. Don’t get me wrong even these “worst case” scenarios conferences are still valuable as they are all about meeting people.

But then there is FSCONS.

Once a year for five years my own workplace is transformed into the conference for free software and free culture. The participants are not their because they have papers to present but because they have ideas they want to spread. The audience are not there because they are working on developing their position in an academic hierarchy, but because they believe in the importance of the fundamental premise of the conference.

This is not to say that this is all about preaching to the converted. The audience is very dedicated, and knowledgeable about their topics. Take for example the first talks in the first session:
Karsten Gerloff “The Water in Which We Swim: Policy issues around Free Software”
Jeremiah Foster “Embedded Free Software/Open Source in your car”
Fredrik Gladhorn “Accessibility for Qt and KDE”
Daniel Berntsson “Bitcoin: Decentralised Currency”

And the whole conference continues in this way. The hard hackers meet and mingle with the digital rights activists.

In addition to this it’s all about the people. The relaxed social event to this evening was filled with a breadth of discussions. We had comparisons between 1984 & Brave New World, the cult of leadership & superstar CEOs, penicillin and yoghurt, hardware hacking & aduino, the role of royalty in free culture NCOs… Everywhere you turn their is a passionate group arguing intently on everything from the gender of Jabba the Hut & Admiral Akbar to the purpose, meaning and ability of democracy.

In a moment of strangeness a discussion turned to walls: their meaning, construction, definition and more importantly how to differentiate between walls and wall-like structures. Everyone had opinions and the light-hearted discussion continued for longer than such a question normally would or could last.

When I next checked on twitter I had been challenged to hold a lightening talk entitled: What is a wall?

How could anyone not love FSCONS?

The Habit of Fear

In a recent episode of the BBC podcast From our own correspondent I heard a segment by Kevin Connolly contained a quote worth remembering:

One middle-aged woman told me, at the beginning of this last revolution in the battered centre of the city of Benghazi, that she thought the worst thing about living under a dictatorship was that it made you ashamed that you did not resist, that you were not a hero.
“You pass the habit of fear on to your children,” she said.

The habit of fear.

This position reminds me of another quote, this time by Salman Rushdie from his book The Moors Last Sigh

By embracing the inescapable, I lost my fear of it. I’ll tell you a secret about fear: its an absolutist. With fear, its all or nothing. Either, like any bullying tyrant, it rules your life with a stupid blinding omnipotence, or else you overthrow it, and its power vanishes like a puff of smoke.

Filter people

Two things happened yesterday that together made me think. Neither of these things were particularly surprising or unusual but, to me, together they point to something that I have intuitively been aware of without clearly thinking about it properly.

The first thing that happen was when a friend of mind referred to a well known Swedish political scientist and commentator – I had to amit that I had never heard of her. This is not unusual for me. I am Swedish but have grown up abroad to I have a limitations to the shared Swedish socio-cultural history. But this was different. I was not ignorant about a childhood tv show or modern historical event or person. The woman in question has appeared in recent years. My lack of awareness cannot be excused thorugh my historical ignorance.

The second event was even more common. I turned on the tv and within minutes the show was paused for commercials. In irritation I switched off the tv and runed back to my computer. This is a pattern I see more and more. TV, which was once a central part of my life, has become irritating. I still like screens, but cannot abide by the lack of control.

Of course the answer is that the actions in the second event very much explain the first event.

But looking at what I do, which media I consume is actually interesting. Or rather the effects are interesting. I listen to a lot of radio – but at home it’s internet radio mainly in English, on the road it’s a constant stream of fascinating podcasts – none of which are Swedish. I follow masses of blogs, but only a few are Swedish, at work books and articles are almost 100% English.

Now it’s natural that without the language barrier Sweden has a low chance of creative success. It has a small population so this means a comparitvely low amount of creativity. Cases of Swedish international success cannot be seen as examples that the system of global culture works but are more unusual exceptions to the rule. Swedish crime success must be an enigma to publishing – who knew? Even if Swedes were much more creative per person we still only have a population of 9 million. The rest of the English speaking world has a huge advantage.

When you throw off the limitations of national cultural borders you are flooded with an (almost) infinite sources of cultural production. This realization makes me wish I could speak more languages to be even more flooded. All these choices means that there are huge demands on our time. All this choice makes me filterfocused. I pick and choose, I discard sources with incredible ease. If it does not catch my attention – it’s gone!

I am sharing culture, ideas and data with people like me but these people are. Not those who are geographically around me. This is nothing new. Cass Sunstein wrote about the Daily Me already in the first edition of Republic.Com but what he was writing about – And what most energy is focused on – is using this kind of focus & filtering as a reason for why they become extreme. From terrorists to the Norwegian mass murderer Breivik the lack of multiple sources of information play an important part in explaining why they become extreme.

But my interest here is not about the extremism. Its about the lack of connection to the geographically located people. What will the long term effects of this? In particular among those normal users who do not become extremists…

For example: If a nation state attempts to motivate it’s existence through a shared culture and history. But what is the nation state without a shared culture?

Dangerous Bits of Information: Notes from a lecture

Last week was an intense week of lecturing, which means that I have fallen behind with other work – including writing up lecture notes. One of the lectures was Dangerous bits of information and was presented at the NOKIOS conference in Trondheim Norway. Unfortunately I did not have much time in the city of Trondheim but what I saw was wonderful sunny city with plenty of places to sit and relax by the river that flows through the center. But there was not much sitting outside on this trip.

The lecture was part of the session “Ny teknologi i offentlig forvaltning – sikkerhet og personvern” (New Technology and Public Administration – security and data security). In the same session was Bjørn Erik Thon, Head of the Norwegian and Storm Jarl Landaasen, Chief Security Officer Market Divisions, Telenor Norge.

My lecture began with an introduction to the way in which many organizations fail to think about the implications of cloud technology. As an illustration I told of the process that surrounded my universities adoption of a student email system. When the university came to the realization that they were not really excellent at maintaining a student email system they decided to resolve this.

The resolution was not a decision of letting individuals chose their system. But the technical group (it was after all seen as a tech problem) was convened and decided in an either – or situation. The decision placed before the group was whether we go with Google or with Microsoft. The group chose Google out of a preference for the interface.

When I wrote a critique of this decision I was told that the decision was formally correct since all the right people (i.e. representatives) where present at the meeting. My criticism was, however, not based on the formality of the process but rather about the way in which the decision was framed and the lack of information given to the students who would be affected by the system.

My critique is based on four dangers of cloud computing (especially by public bodies) and the lack of discussion. The first issue is one of surveillance. Swedish FRA legislation, which allows the state to monitor all communication, was passed with the explicit (though rather useless) understanding that only cross border communication will be monitored. The exception is rather useless as most Internet communication crosses borders even if both sender and receiver is within the same small state. But this cross-border communication becomes even more certain when the email servers are based abroad – as those of gmail are.

The second problem is that some of the communication between student and lecturer is sensitive data. Also the lecturer in Sweden is a government official. This is a fact most of us often forget but should not. Now we have sensitive data being transferred to a third party. This is legal since the users (i.e. the students) have all clicked that they agree the licensing agreements that gmail sets. The problem is that the students have no choice (or very little & uninformed – see below) but to sign away their rights.
The third problem is that nothing is really deleted. This is because – as the important quote states – “If you are not paying for it you are not the customer but the product being sold” – the business model is to collect, analyze and market the data generated by the users.

But for me the most annoying of the problems is the lack of interest public authorities has in protecting citizens from eventual integrity abuses arising from the cloud. My university, a public authority, happily delivered 40000 new customers (and an untold future number due to technology lock-in) to Google and, adding insult to injury, thanking Google for the privilege.

Public authorities should be more concerned about their actions in the cloud. People who chose to give away their data need information about what they are doing. Maybe they even need to be limited. But when public bodies force users to give away data to third parties – then something is wrong. Or as I pointed out – smart people do dumb things.

The lecture continued by pointing out that European Privacy Law has a mental age of pre-1995 (the year of the Data Protection Directive). But do you remember the advice we gave and took about integrity and the Internet in the early days? They contained things like:

  • Never reveal your identity
  • Never reveal your address
  • Never reveal your age
  • Never reveal your gender

Post-Facebook points such as these become almost silly. Our technology has developed rapidly but our society and law is still based on the older analogue norms – the focus in law remains on protecting people from an outer gaze looking in. This becomes less important when the spreading of information is from us individuals and our friends.

The problem in this latter situation is that it extremely difficult to create laws to protect against the salami-method (i.e. where personal data is given away slice by slice instead of all at once).

At this stage I presented research carried out by Jan Nolin and myself on social media policies in local municipalities. We studied 26 policies ranging between < 1 page to 20 pages long. The policies made some interesting points but their strong analogue bias was clear throughout and there were serious omissions. They lacked clear definitions of social media, they confused social media carried out during work or free time. More importantly the policies did not address issues with cloud or topics such as copyright. (Our work is published in To Inform or to Interact, that is the question: The role of Freedom of Information & Disciplining social media: An analysis of social media policies in 26 Swedish municipalities)

Social media poses an interesting problem for regulators in that it is not a neutral infrastructure and it does not fall under the control of the state. The lecture closed with a discussion on the dangers of social media – in particular the increase in personalization, which leads to the Pariser Filter Bubble. In this scenario we see that the organizations are tailoring information to suit our needs or rather our wants. We are increasingly getting what we want rather than what we need. If we take a food analogy we want food with high fat and high sugar content – but this is not what our bodies need. The same applies to information. I may want entertainment but I probably need less of it than I want. Overdosing in fatty information will probably harm me and make me less of a balanced social animal.

Is there an answer? Probably not. The only way to control this issue is to limit individual’s autonomy. In much the same way as we have been forced to wear seat belts for our own security we may need to do the same with information. But this would probably be a political disaster for any politician attempting to suggest it.

The appearance of justice

Just today I was asked by the media about the effects of social media on the courts. The reason why I was asked for my opinion was the notorious Casey Anthony case. The basics were that Casey Anthony’s two year old child Caylee goes missing but the mother does not report this for 31 days. The rest is stranger than any drama writers creation: the mother is shown to be a incredible liar, dancing and happy, even getting a tattoo with the words “Dolce Vita”. The grandfather is accused of incest, the police boyfriend lies to the police and social media is mined for any and all evidence that can be found.

For the last three years Casey Anthony has been waiting for her trail while the world has been discussing every fact and fiction related to the case. The story begins with the media and then is picked up on various social media channels.  The professionals work on building a case and a defence. Social media even figures in the jury selection where Facebook accounts are mined to see if a presumptive jury member is good or bad.

The idea in this situation that you can find an impartial group of people in the middle of a media storm is an anachronism. There were serious questions of whether the jury would be affected by the popular opinions expounded in social and other media. The discussion reached fever pitch during the trial and when the jury left for their deliberations. And when the notification came that the jury were back #caseyanthony was trending on twitter. The verdict was unexpected by the media. Not guilty of all charges but lying to the police. The rage on twitter was incredible. The verdict was that the prosecutor was unable to prove Casey Anthony’s involvement in murder or child abuse.

Even earlier there were comparisons between the O.J. Simpson case but here was a major difference – those who were angry during the Simpson case could only scream at the TV with twitter the screams could be shared, discussed and amplified.

No matter which verdict the jury had presented the question of influence from social media hangs in the air. Even if the jury were not supposed to know anything – is it possible to be unaffected by the media storm?

The next problem is the question of what role social media should play in a court process. In Sweden we still prohibit cameras in the courts – this means that the public can twitter, blog, comment and link to external photographs – but not point a lens. The purpose of this is to protect the integrity of the court process but is this protection pointless considering the prevalence of social media? Should we therefore allow cameras or prohibit social media devices in the courtroom?

A final problem is the appearance of justice. Lord Hewart is the origin of the adage “Not only must Justice be done; it must also be seen to be done.” This poses a problem: the courts are concerned with justice but what happens when the society outside the courthouse demands a verdict that the courts are unable to deliver? What is apparent from reading twitter is that the demands for justice (or blood?) from the virtual mob have hardly been met.

Articles of Interest: Emily M. Janoski-Haehlen The Courts are all a‘Twitter’: The Implications of Social Media Use in the Courts New Media and the Courts: The current status and a look at the future A report of the New Media Committee of the Conference of Court Public Information Officers Michael Bromby The Temptation to Tweet – Jurors’ Activities Outside the Trial

Interesting articles:

Emily M. Janoski-Haehlen The Courts are all a‘Twitter’: The Implications of Social Media Use in the Courts

New Media and the Courts: The current status and a look at the future
A report of the New Media Committee of the Conference of Court Public Information Officers

Michael Bromby The Temptation to Tweet – Jurors’ Activities Outside the Trial

 

Is the age of integrity over?

Today I am doing something different – stepping out of my comfort zone (but not too far). I was invited to give a short presentation (10 minutes) to spark a debate among young people between 12-19. Most of them turned out to be around fifteen. So I know I can talk to adults but the question was whether I could be relevant to teenagers.

The question I put forward was whether the need to protect integrity was a thing of the past.

So I began by presenting the question and then started with a bit of integrity orientation. The position I presented was that previously the way in which we protected our integrity was not necessarily by keeping information secret but rather giving different pieces of information to different groups of people. I called this a strategy of compartmentalization.

What this basically means is that you present different images of yourself to different people. What you did on Saturday is a constant – but you may present different stories of Saturday to your mother, girlfriend, boss, sister, friend and a total stranger (indeed you may even attempt to tell yourself a different story).

In a world where compartmentalization strategy is implemented the greatest fear is that the different groups will share information or that a body from above has access to different versions and will be able to question the truth of your stories.

Then along comes Social Media and the constant sharing of masses of low level unimportant data about what we are doing, where we are doing it, with whom – and sometimes even why.

The problem is no longer that of different compartments knowing what you did but rather attempting to handle the fact that the compartments probably do know several versions of your truth. What we are forming here is a hive-mind. In a hive mind where everyone knows everything about you the question is no longer one of maintaining boundaries between groups. For examples of hive minds I showed them The Borg from Star Trek, The Protoss from Starcraft, The Agents from the Matrix films and The Warewolves from Twilight.

The question becomes one of handling total openness. The question becomes one of: what is the point of attempting to maintain integrity regulation? In a world were we know everything about each other the question of wanting integrity becomes suspicious. And the old idiot saying: You have nothing to fear, if you have nothing to hide becomes downright ominous.

The discussion that followed was interesting, exciting and creative. The kids touched upon the meaning of truth, the nature of evil, the importance of secrets and the meaning of life. I was very impressed.