Draft Privacy Syllabus

This term I have been given free hands to design a privacy course for the Communication Department at UMass Boston – And I am VERY excited about it. Here is a first draft of the syllabus. If you are student at UMass and interested in taking the course please contact me.

WEEK 1: Privacy as Human Right Legislating Privacy (law & convention)

Wed, 9 Sep     Introduction

Fri, 11 Sep      Read Warren & Brandeis, ‘The Right to Privacy’, Harvard Law Review 1890-4(1), pp. 193-220.

Watch Glenn Greenwald: Why privacy matters (2014) TED Talk https://youtu.be/pcSlowAhvUk

Watch Alessandro Acquisti: Why privacy matters (2013) TED Talk https://youtu.be/H_pqhMO3ZSY

Write: Considering our technology use: Are W&B relevant today?

WEEK 2: Privacy vs Security

Eric Schmidt, the CEO of Google, said “If you have something that you don’t want anyone to know, maybe you shouldn’t be doing it in the first place”

Mon, 14 Sep   Discussion Why Privacy Matters

Wed, 16 Sep The Nothing to Hide Argument

Fri, 18 Sep      Watch The Hidden History of Privacy – Jill Lepore The New Yorker Festival 2013. https://youtu.be/zuth-_rppKM

Watch Daniel Solove: Nothing to Hide, Nothing to Fear? https://youtu.be/FqJ8EMwj7zY

Read: Solove, D. (2005) “The Digital Person and the Future of Privacy” in Privacy and Identity: The Promise and Perils of a Technological Age (Strandburg, ed.) http://docs.law.gwu.edu/facweb/dsolove/Digital-Person/text/Digital-Person-CH3.pdf

Read: Schneier, B. (2009) “Is aviation security mostly for show?” CNN, December 29. http://edition.cnn.com/2009/OPINION/12/29/schneier.air.travel.security.theater/

WEEK 3: Spatial Privacy

Mon, 21 Sep   Discussion Privacy & Security: Bentham, Foucault and theatre of the absurd.

Wed, 23 Sep Panopticon: Is surveillance a deterrent?

Fri, 25 Sep      Read: Who’s Watching? Video Camera Surveillance in New York City and the need for Public Oversight. A Special Report by the New York Civil Liberties Union FALL 2006 http://www.nyclu.org/pdfs/surveillance_cams_report_121306.pdf

Write: There have been calls for police officers to carry body cameras. Discuss any privacy issues that could arise from this technology.

WEEK 4: Individual Rights and the Police

Mon, 28 Sep   Discussion: police surveillance

Wed, 30 Sep  Privacy and the 1st 4th & 5th amendments

Fri, 2 Oct         Read: Center for Constitutional Rights, Stop and Frisk – The Human Impact Report July 2012. http://stopandfrisk.org/the-human-impact-report.pdf

Read: Lippman, M. (2014) “Searches and Seizures”, Criminal Procedure 2nd ed. https://us.sagepub.com/sites/default/files/upm-binaries/53702_Lippman_Ch3.pdf

Read: You Have the Right to Remain Silent National Lawyer Guild https://www.nlg.org/sites/default/files/KYR-English-web1.pdf

Week 5: Surveillance Technologies in the wild

Ryan Calo “Robot-Sized gaps in surveillance law” in Rotenberg

Mon, 5 Oct      —

Wed, 7 Oct     From CCTV to Drones: Private Surveillance & Function creep

Fri, 9 Oct         Read: McNeal, G. Drones and Aerial Surveillance: Considerations For Legislators. November 2014. http://www.brookings.edu/~/media/Research/Files/Reports/2014/10/drones%20aerial%20surveillance%20legislators/Drones_Aerial_Surveillance_McNeal_FINAL.pdf

Read: Thompson, R. M. (2013) Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses CRS Report for Congress April 3. https://www.fas.org/sgp/crs/natsec/R42701.pdf

Write:

Week 6: Tracking Devices “its only metadata”

 Mon, 12 Oct   CLOSED

Wed, 14 Oct   End of Culture? What your library says about you. Smartphones & Tablets: Did you read the license?

Fri, 16 Oct      CLOSED

Watch: Malte Spitz “Your Phone Company is Watching” TED Talk http://www.ted.com/talks/malte_spitz_your_phone_company_is_watching?language=en

Week 7: The Internet, Web & Social Media

Mon, 19 Oct   Does the Internet Spell End of Privacy?

Wed, 21 Oct   Watch: Citizenfour (Poitras, 2014)

Fri, 23 Oct      Watch: “The NSA, Snowden, and Surveillance” (CRCS Lunch Seminar) – Bruce Schneier talk https://youtu.be/3apzxHAA8mI

Write:

Week 8: The Internet, Web & Social Media continued

Mon, 26 Oct   Watch: Last Week Tonight With John Oliver – Edward Snowden Interview https://youtu.be/0zg7_4AMXGs

Watch: Terms and Conditions May Apply (Hoback, 2013)

Wed, 28 Oct   Sleepwalking, Convenience and Terms of Service

Fri, 30 Oct      Watch Do Not Track is a personalized documentary series about privacy and the web economy. https://donottrack-doc.com/en/intro/

Week 9: The Right to Hide?

Mon, 2 Nov     Discussion: Social Media Privacy

Wed, 4 Nov    Anonymity & Pseudonymity: Encryption & Masked protest.

Fri, 6 Nov        Read: Coleman, G. (2013) Anonymous in Context: The Politics and Power behind the Mask CIGI Internet Governance Papers. https://www.cigionline.org/sites/default/files/no3_8.pdf

Write:

Week 10: Identity, Privacy & the right to be forgotten?

 Mon, 9 Nov     Google vs Europe & the right to be forgotten

Wed, 11 Nov CLOSED

Fri, 13 Nov     Read: European Commission: Factsheet on the “Right to be Forgotten” ruling (C-131/12) https://youtu.be/r-ERajkMXw0

Read: European Commission: Myth-Busting The Court of Justice of the EU and the “Right to be Forgotten” http://ec.europa.eu/justice/data-protection/files/factsheets/factsheet_rtbf_mythbusting_en.pdf

Watch: Last Week Tonight with John Oliver: Right To Be Forgotten (HBO) https://youtu.be/r-ERajkMXw0

Watch: Viktor Mayer-Schönberger presents “Delete: The Virtue of Forgetting in the Digital Age Berkman Center https://www.youtube.com/watch?v=XwxVA0UMwLY

Week 11: The Private Body: From fingerprints to DNA

Mon, 16 Nov Genetics and law enforcement

Wed, 18 Nov Is genetic privacy possible?

Fri, 20 Nov     Read: Stewart, J. & Thy Tran, D. (2007) “The Ethics of Genetic Screening” in The ethical imperative in the context of evolving technologies (Bassick ed)

http://www.ethicapublishing.com/ethical/3CH1.pdf

Read: Rothstein, M. “Keeping Your Genes Private”, Scientific American. September 2008. https://www.mcdb.ucla.edu/Research/Goldberg/HC70A_W12/pdf/keepyourgenesprivate.pdf

Read: Oscapella, E. (2012) Genetic Privacy and Discrimination: An Overview of Selected Major Issues. BC Civil Liberties Association https://bccla.org/wp-content/uploads/2012/03/2012-BCCLA-Report-Genetic-Privacy1.pdf

Read: Prabhakar, S. et al (2003) “Biometric Recognition: Security and Privacy Concerns”, IEEE Security & Privacy http://biometrics.cse.msu.edu/Publications/GeneralBiometrics/PrabhakarPankantiJain_BiometricSecurityPrivacy_SPM03.pdf

Watch: Whose DNA is it anyway? Wendy Bonython at TEDxCanberraWomen https://www.youtube.com/watch?v=pLvtv2iYv4Y

Write:

Week 12: Bodies of technology

 Mon, 23 Nov  Selfies, Sexting, & Nonconsensual pornography (Revenge Porn)

Wed, 25 Nov  Gamification, Health apps, & User Data

Fri, 27 Nov     EXERCISE?

Week 13: Big data, algorithms & identity

 Mon, 30 Nov  Defining your identity: data or choice?

Wed, 2 Dec     Watch: Viktor Mayer-Schonberger and Kenneth Cukier, “BIG DATA: A Revolution That Will Transform How We Live, Work, and Think” https://www.youtube.com/watch?v=bYS_4CWu3y8

Fri, 4 Dec        Watch: Eli Pariser “The Filter Bubble” TED Talk http://www.ted.com/talks/eli_pariser_beware_online_filter_bubbles?language=en

Listen: Joseph Turow “How Companies Are ‘Defining Your Worth’ Online” Fresh Air. http://www.npr.org/2012/02/22/147189154/how-companies-are-defining-your-worth-online

 Week 14: Looking elsewhere for solutions

Mon, 7 Dec     Subversion: Sousveillance, body cams, and masked demonstrators

Wed, 9 Dec     Privacy through Copyright

Fri, 11 Dec      Write: Are body cams a solution? Strengths & Weaknesses.

Week 15: The Future of Privacy

Mon, 14 Dec   Discussion – Where is privacy going?

Read Lee Rainie and Janna Anderson The Future of Privacy” Pew Research Center http://www.pewinternet.org/2014/12/18/future-of-privacy/

Privacy and Surveillance in the Movies

In preparation for my course on privacy I asked the hive mind (mainly Twitter & Facebook) for recommendations of films that deal with privacy. I mostly wanted fictional stuff but most of the documentaries are too good not to include (even though I am sure I have missed a lot of documentaries).

The list is by no means complete so please add or send me anything I missed.

You only live once (Lang 1937) Joan Graham (Sylvia Sidney) works as the secretary to the public defender. Unfortunately, she’s fallen madly in love with a criminal by the name of Eddie Taylor (Henry Fonda). Convinced that Eddie is a good man with bad luck, she pulls some strings and gets Eddie released from prison early. The two get married, but while Eddie tries to fly right, he soon discovers he can’t change his nature. His past comes knocking at their door, and the couple is forced to go into hiding.

The Philadelphia Story (Cukor, 1940) This classic romantic comedy focuses on Tracy Lord (Katharine Hepburn), a Philadelphia socialite who has split from her husband, C.K. Dexter Haven (Cary Grant), due both to his drinking and to her overly demanding nature. As Tracy prepares to wed the wealthy George Kittredge (John Howard), she crosses paths with both Dexter and prying reporter Macaulay Connor (James Stewart). Unclear about her feelings for all three men, Tracy must decide whom she truly loves.

Rear Window (Hitchcock, 1954) Sitting in a wheelchair, his leg in a cast, a photographer (James Stewart) spies on courtyard neighbors and sees a murder.

The Conversation (Coppola, 1974) Surveillance expert Harry Caul (Gene Hackman) is hired by a mysterious client’s brusque aide (Harrison Ford) to tail a young couple, Mark (Frederic Forrest) and Ann (Cindy Williams). Tracking the pair through San Francisco’s Union Square, Caul and his associate Stan (John Cazale) manage to record a cryptic conversation between them. Tormented by memories of a previous case that ended badly, Caul becomes obsessed with the resulting tape, trying to determine if the couple are in danger.

All the President’s Men (Pakula, 1976) Two green reporters and rivals working for the Washington Post, Bob Woodward (Robert Redford) and Carl Bernstein (Dustin Hoffman), research the botched 1972 burglary of the Democratic Party Headquarters at the Watergate apartment complex. With the help of a mysterious source, code-named Deep Throat (Hal Holbrook), the two reporters make a connection between the burglars and a White House staffer. Despite dire warnings about their safety, the duo follows the money all the way to the top.

Nineteen Eighty-Four (Radford, 1984) A man loses his identity while living under a repressive regime. In a story based on George Orwell’s classic novel, Winston Smith (John Hurt) is a government employee whose job involves the rewriting of history in a manner that casts his fictional country’s leaders in a charitable light. His trysts with Julia (Suzanna Hamilton) provide his only measure of enjoyment, but lawmakers frown on the relationship — and in this closely monitored society, there is no escape from Big Brother.

Brazil (Gilliam, 1985) Low-level bureaucrat Sam Lowry (Jonathan Pryce) escapes the monotony of his day-to-day life through a recurring daydream of himself as a virtuous hero saving a beautiful damsel. Investigating a case that led to the wrongful arrest and eventual death of an innocent man instead of wanted terrorist Harry Tuttle (Robert De Niro), he meets the woman from his daydream (Kim Greist), and in trying to help her gets caught in a web of mistaken identities, mindless bureaucracy and lies.

The Net (Winkler, 1995) Computer programmer Angela Bennett (Sandra Bullock) starts a new freelance gig and, strangely, all her colleagues start dying. Does it have something to do with the mysterious disc she was given? Her suspicions are raised when, during a trip to Mexico, she’s seduced by a handsome stranger (Jeremy Northam) intent on locating the same disc. Soon Angela is tangled up in a far-reaching conspiracy that leads to her identity being erased. Can she stop the same thing from happening to her life?

Gattaca (Niccol, 1997) Vincent Freeman (Ethan Hawke) has always fantasized about traveling into outer space, but is grounded by his status as a genetically inferior “in-valid.” He decides to fight his fate by purchasing the genes of Jerome Morrow (Jude Law), a laboratory-engineered “valid.” He assumes Jerome’s DNA identity and joins the Gattaca space program, where he falls in love with Irene (Uma Thurman). An investigation into the death of a Gattaca officer (Gore Vidal) complicates Vincent’s plans.

The End of Violence (Wenders, 1997) Producer Mike Max (Bill Pullman) has made a fortune through his gory action flicks, but his own capture at the hands of some thugs causes him to reexamine his role in violent productions. After escaping the crooks, he hides out with a group of gardeners, and eventually decides to drop out of Hollywood and stay with his new protectors. Meanwhile, government surveillance man Ray (Gabriel Byrne) uses a complex network of cameras to spy on Los Angeles, but he is disturbed by his superiors.

The Truman Show (Weir, 1998) He doesn’t know it, but everything in Truman Burbank’s (Jim Carrey) life is part of a massive TV set. Executive producer Christof (Ed Harris) orchestrates “The Truman Show,” a live broadcast of Truman’s every move captured by hidden cameras. Cristof tries to control Truman’s mind, even removing his true love, Sylvia (Natascha McElhone), from the show and replacing her with Meryl (Laura Linney). As Truman gradually discovers the truth, however, he must decide whether to act on it.

Enemy of the State (Scott, 1998) Corrupt National Security Agency official Thomas Reynolds (Jon Voight) has a congressman assassinated to assure the passage of expansive new surveillance legislation. When a videotape of the murder ends up in the hands of Robert Clayton Dean (Will Smith), a labor lawyer and dedicated family man, he is framed for murder. With the help of ex-intelligence agent Edward “Brill” Lyle (Gene Hackman), Dean attempts to throw Reynolds off his trail and prove his innocence.

Minority Report (Spielberg, 2002) Based on a story by famed science fiction writer Philip K. Dick, “Minority Report” is an action-detective thriller set in Washington D.C. in 2054, where police utilize a psychic technology to arrest and convict murderers before they commit their crime. Tom Cruise plays the head of this Precrime unit and is himself accused of the future murder of a man he hasn’t even met.

Dogville (von Trier, 2004) A barren soundstage is stylishly utilized to create a minimalist small-town setting in which a mysterious woman named Grace (Nicole Kidman) hides from the criminals who pursue her. The town is two-faced and offers to harbor Grace as long as she can make it worth their effort, so Grace works hard under the employ of various townspeople to win their favor. Tensions flare, however, and Grace’s status as a helpless outsider provokes vicious contempt and abuse from the citizens of Dogville.

Code 46 (Winterbottom, 2004) In a dystopian future, insurance fraud investigator William Gold (Tim Robbins) arrives in Shanghai to investigate a forgery ring for “papelles,” futuristic passports that record people’s identities and genetics. Gold falls for Maria Gonzalez (Samantha Morton), the woman in charge of the forgeries. After a passionate affair, Gold returns home, having named a coworker as the culprit. But when one of Gonzalez’s customers is found dead, Gold is sent back to Shanghai to complete the investigation.

Caché (Hidden) (Haneke, 2005) A Parisian couple terrorised by anonymous videos which hint at a long-kept secret.

The Lives of Others (Henckel von Donnersmarck, 2006) In 1983 East Berlin, dedicated Stasi officer Gerd Wiesler (Ulrich Mühe), doubting that a famous playwright (Sebastian Koch) is loyal to the Communist Party, receives approval to spy on the man and his actress-lover Christa-Maria (Martina Gedeck). Wiesler becomes unexpectedly sympathetic to the couple, then faces conflicting loyalties when his superior takes a liking to Christa-Maria and orders Wiesler to get the playwright out of the way.

Disturbia (Caruso, 2007) Ever since his father died, young Kale (Shia LaBeouf) has become increasingly sullen and withdrawn, until he finds himself under house arrest. With cabin fever setting in, he turns his attention to spying on his neighbors, becoming increasingly suspicious that one of them is a serial killer. However, he wonders if he is right, or if his overactive imagination is getting the better of him.

Look (Rifkin, 2007) Interconnected stories are told entirely through images captured on security cameras in storage rooms, police cars, parking lots, shopping malls and other locations. Store manager Tony (Hayes MacArthur) has affairs with the women who work under him, high schooler Sherri (Spencer Redford) schemes to seduce teacher Berry (Jamie McShane), a pedophile stalks his next victim at a mall food court and two thieves go on a killing spree that links to other tales witnessed by the unseen electronic eyes.

We Live in Public (Timoner, 2009) In 1999, Internet entrepreneur Josh Harris recruits dozens of young men and women who agree to live in underground apartments for weeks at a time while their every movement is broadcast online. Soon, Harris and his girlfriend embark on their own subterranean adventure, with cameras streaming live footage of their meals, arguments, bedroom activities and bathroom habits. This documentary explores the role of technology in our lives, as it charts the fragile nature of dot-com economy.

The Social Network (Fincher, 2010) In 2003, Harvard undergrad and computer genius Mark Zuckerberg (Jesse Eisenberg) begins work on a new concept that eventually turns into the global social network known as Facebook. Six years later, he is one of the youngest billionaires ever, but Zuckerberg finds that his unprecedented success leads to both personal and legal complications when he ends up on the receiving end of two lawsuits, one involving his former friend (Andrew Garfield).

Erasing David (Bond & McDougall, 2010) Dramatized documentary (docufiction) film from the United Kingdom. Stating that as of today the UK is “one of the three most intrusive surveillance states in the world, after China and Russia”, director and performer David Bond tries to put the system to the test. After anonymously setting up private investigators Cerberus Investigations Limited to trace him, he tries to disappear.

Terms and Conditions May Apply (Hoback, 2013) Filmmaker Cullen Hoback exposes the erosion of online privacy and what information governments and corporations are legally taking from citizens each day.

Citizenfour (Poitras, 2014) After Laura Poitras received encrypted emails from someone with information on the government’s massive covert-surveillance programs, she and reporter Glenn Greenwald flew to Hong Kong to meet the sender, who turned out to be Edward Snowden.

Tragic hitchBOT and Camera Surveillance

The hitchhiking robot and social experiment called hitchBot came to an end in Philadelphia this week. It had survived crossing Canada and being in Germany and Italy. But it turns out the US was not friendly enough for it to survive. Message from the family:

hitchBOT’s trip came to an end last night in Philadelphia after having spent a little over two weeks hitchhiking and visiting sites in Boston, Salem, Gloucester, Marblehead, and New York City. Unfortunately, hitchBOT was vandalized overnight in Philadelphia; sometimes bad things happen to good robots.

The bot was a relatively simple device with a vaguely human shape – or more like a rough robot shape; two arms and two legs a torso and a screen for eyes.

The robot was able to carry on basic conversation and talk about factoids, and was designed to be a robotic travelling companion while in the vehicle of the driver who picked it up. It had a GPS device and a 3G connection which allowed researchers to track its location. It was equipped with a camera which took photographs periodically to document its journeys. Wikipedia

It’s sad that the robot was destroyed and it could probably have happened anywhere – even if it did happen in Philly. The interesting part for me is that a couple of days later this surfaces: Here’s Video of the Jerk Who Killed hitchBOT talk about surveillance society.

There is always a camera somewhere. The question is: are we doing anything that makes it worth the effort to find the footage?

Shooting Down Drones

A man in Kentucky man shot down drone that was hovering over his property. He has been arrested and charged with first degree criminal mischief and first-degree wanton endangerment. News story here. The Kentucky man was quoted as saying:

“Our rights are being trampled daily,” he said, the station reported. “Not on a local level only — but on a state and federal level. We need to have some laws in place to handle these kind of things.”

So what is the position on drones? And in particular what is the position on preventing other people’s drones from entering private property?

The right to property does not include an unlimited right to the airspace above the property. Therefore flying objects are not violating your property when they fly above it. This makes a lot of sense in relation to airplanes and helicopters. It would be strange if they needed permission to fly above individuals property – also it would be very dangerous if individuals could take pot-shots at them for violating airspace.

Actually there are most probably several laws and ordinances that deal with shooting a firearm in an urban area. And also shooting at aircraft. But this isn’t the first time someone shot down a drone a New Jersey man was arrested and charged with “possession of a weapon for an unlawful purpose and criminal mischief” for  shooting down his neighbor’s drone.

The FAA has guidelines in place for unmanned aircraft systems and has partnered with industry associations to promote Know Before You Fly. The latter has provisions about respecting privacy.

Firing Racists and Mob Rule

The Internet is a magical wonderful thing that contains both the ugly and beautiful. For some time now I have been struggling with in which of these categories to deposit the Racists Getting Fired mob. Most of the time racists online seem to have the same modus operandi as trolls and haters. They’re ugly and noisy but maybe the best thing to do is to ignore them. You know, don’t feed the trolls. On the other hand there is value in the argument that if nobody speaks up against online racism they may believe there own garbage. They may also be able to grow in their own bubble.

Some online are reacting.

One such group can be seen in examples like the Tumblr Racists Getting Fired which actively posts personal information about racists and contacts their employers with the aim of getting them fired. Most companies seem to reply quickly to these types of complaints to disassociate them from the message their employees are spreading. Some companies have even fired the employees for spreading racist comments online.

I have no sympathy for the racists. But I do have concerns about mob mentality in online environments. A part of me congratulates the civic mindedness of people for not silently ignoring the horrible remarks, while a part of me abhors spreading personal information online. In effect this is doxxing as a punishment for racism and also intentionally trying to get the racist fired.

Will the fired racist change or understand? Will the fired racist be silenced? Does it matter? Isn’t it enough that the racist understands that the world will not silently ignore the vile messages? A recent case was the father whose daughter was bullied and racially taunted. He called the father of the bullies and was himself the receiver of racial abuse. He posted it all online. The bullies’ father was fired from his job.

When social stigma doesn’t work the next step is to cause actual hardship. The racists are wrongdoers and should be penalized but there is something about the process and punishments in these examples that raises concerns.

Posner on Privacy: A privileged old white wealthy man’s view

Judge Richard Posner’s (quoted by PC World) during a conference privacy and cybercrime has said some very sad things about privacy. First off he says “I think privacy is actually overvalued,”

he developed this with

“Much of what passes for the name of privacy is really just trying to conceal the disreputable parts of your conduct,” Posner added. “Privacy is mainly about trying to improve your social and business opportunities by concealing the sorts of bad activities that would cause other people not to want to deal with you.”

This is a very narrow minded and underdeveloped view of privacy. It reflects the Judge’s privileged social, economic and political position.

Privacy – like other social protection – is supposed to protect the weak. In the same way that Free Speech is not necessary to protect those who politely parrot the status quo and consumer protection is not there to protect the corporation against the consumer. Privacy is there to protect those who are in a weaker position, or those who risk physical, social, political, or economic harm.

Even though homosexuality is no longer illegal in most countries, it does, in some cases, still carries social stigma, and even physical harm (see gay bashing). Therefore, someone who faces threats of physical harm and social discrimination may want to keep their sexuality private in certain situations. Posner cannot mean that they are then concealing disreputable parts of their conduct.

This kind of argument would apply to most persecuted minorities in history. Would anyone argue that hiding a Jewish identity in countries occupied by Nazi’s in WWII is “trying to conceal the disreputable parts of your conduct”?

The ability to ignore weakness stems from the privilege of not being weak. Not seeing the injustice that is around is comes from the perspective of those who are not subjected to the harmful effects of lack of privilege. As a white, over-educated, economically sound, male in Western society Posner has no need of these protections. They do not protect him or his. However, it is short-sighted at best to therefore argue that privacy is overvalued.

Society needs to protect its minorities. But by shifting the blame onto them, and attempting to blame the victim Posner is acting as an instrument of social repression. Privacy is not about hiding, it is about being able to create a fair society where all can participate as equals.

Names & Identity: Teaser for upcoming talk

This post appeared first on the Center for Global Communication Studies blog as a teaser for my talk Public Platforms and Anonymity: Real Name Policies and Freedom of Speech. The talk will be on Wednesday November 19 between 12:15AM – 01:30PM, more info here.

Life is a series of roles. We behave differently when we are talking to our underage children at home, when we play a game of poker with friends, or when we are having dinner with our parents. For each of these social situations, and for many others, we adopt different roles, mannerisms, speech, and even dress. Social networks struggle to deal with the complexity of human behavior, preferring instead to simplify our existence. When the halting definitions of friends and contacts and the obscurity of privacy settings is coupled with a less than user-friendly design, conflicts unsurprisingly arise. As the largest social network by population, Facebook provides an array of examples where social messages have been transmitted to the “wrong” person.

Among the classic miscommunicated messages are those of employees engaging in criticism of co-workers or of the company itself, teenagers sharing party photos that are later seen by adults, and medical staff posting patient information. The practice of providing different information to different groups is undermined in situations where contacts are binary, and social media technology creates simple “friend/not-friend” binaries where complexities should exist.

In the book The Facebook Effect (2010), Kirkpatrick argues that Mark Zuckerberg, Facebook’s founder and CEO, is implementing what is sometimes referred to as “radical transparency,” a form of social engineering that holds that individuals will benefit themselves and society by being more transparent.

In an infamous quote that exemplifies this stance, Zuckerberg goes beyond transparency, arguing that attempting to maintain different identities is disingenuous:

“You have one identity…The days of you having a different image for your work friends or co-workers and for the other people you know are probably coming to an end pretty quickly…Having two identities for yourself is an example of a lack of integrity.”[1]

It is not a coincidence that Facebook’s radical transparency is the foundation of its business model. The users of Facebook, though they have accounts, are not the company’s customers. Facebook’s business model is to collect as much user information as possible in order to market their expertise to their real customers—advertisers.

Radical transparency becomes a social problem when social networks become primary means of mass communication. While those who are at the top of a social hierarchy may indeed believe two identities indicate a lack of integrity, for those who may face social ostracism or physical punishment if certain identities are revealed, multiple identities are necessary. Facebook has caused young gay adults to be outed to, and ostracized by, their families, Ashley Payne was asked to leave her teaching position after posting a picture of herself holding a beer while on holiday, and in the UK, there are several cases of people facing prison sentences for insensitive comments posted on Facebook.

The purpose of the talk “Public Platforms and Anonymity” is to look at questions of identity and anonymity in order to further explore the impact of radical transparency on marginalized groups, to place the minority opinion in relation to freedom of speech and democratic development, and, finally, to put forward an argument in support of a democratic right to anonymity and pseudonymity on social networks and other online platforms.

 

[1] Kirkpatrick, D. (2011). The Facebook effect: The inside story of the company that is connecting the world. Simon and Schuster.

Public/Private Spaces: Notes on a lecture

The class today was entitled Public/Private Spaces: Pulling things together, and had the idea of summing up the physical city part of the Civic Media course.

But before we could even go forward I needed to add an update to the earlier lectures on racial segregation. The article The Average White American’s Social Network is 1% Black is fascinating and not a little sad because of its implications.

In the meantime, whites may be genuinely naive about what it’s like to be black in America because many of them don’t know any black people.  According to the survey, the average white American’s social network is only 1% black. Three-quarters of white Americans haven’t had a meaningful conversation with a single non-white person in the last six months.

The actual beginning of class was a response to the students assignment to present three arguments for and three arguments against the Internet as a Human Right. In order to locate the discussion in the context of human rights I spoke of Athenian democracy and the death of Socrates, and the progression from natural rights to convention based rights. The purpose was both to show some progression in rights development – but also to show that rights are not linear and indeed contain exceptions from those the words imply. The American Declaration of Independence (1776) talks of all men

We hold these truths to be self-evident; that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.

but we know that this was not true. Athenian democracy included “all” people with the exception of slaves, foreigners and women. So we must see rights for what they are without mythologizing their power.

In addition they cannot seen in isolation. For example the Declaration of the Rights of Man and of the Citizen (1789) came as a result of the French Revolution include many ideas that appear in similar rights documents

  • Men are born and remain free and equal in rights.
  • Liberty consists in the freedom to do everything which injures no one else.
  • Law is the expression of the general will
  • No punishment without law
  • Presumtion of innocence
  • Free opinions, speech & communication

The similarities are unsurprising as they emerge from international discussions on the value of individuals and a new level of thought appearing about where political power should lie.

The discussion then moved to the concept of free speech and the modern day attempts to limit speech by using the concept of civility, and interesting example of this is explained in the article Free speech, ‘civility,’ and how universities are getting them mixed up

When someone in power praises the principle of free speech, it’s wise to be on the lookout for weasel words. The phrase “I favor constructive criticism,” is weaseling. So is, “You can express your views as long as they’re respectful.” In those examples, “constructive” and “respectful” are modifiers concealing that the speaker really doesn’t favor free speech at all.

Free speech is there to protect speech we do not like to hear. We do not need protection from the nice things in life. Offending people may be a bi-product of free speech, but a bi-product that we must accept if we are to support free speech. Stephen Fry states it wonderfully:

fryAt this point we returned to the discussion of private/public spaces in the city and how these may be used. We have up until this point covered many of the major points and now it was time to move on to the more vague uses. Using Democracy and Public Space: The Physical Sites of Democratic Performance by John Parkinson we can define public as

1.Freely accessible places where ‘everything that happens can be observed by anyone’, where strangers are encountered whether one wants to or not, because everyone has free right of entry

2.Places where the spotlight of ‘publicity’ shines, and so might not just be public squares and market places, but political debating chambers where the right of physical access is limited but informational access is not.

3.‘common goods’ like clean air and water, public transport, and so on; as well as more particular concerns like crime or the raising of children that vary in their content over time and space, depending on the current state of a particular society’s value judgments.

4.Things which are owned by the state or the people in and paid for out of collective resources like taxes: government buildings, national parks in most countries, military bases and equipment, and so on.

and we can define private as:

1.Places that are not freely accessible, and have controllers who limit access to or use of that space.

2.Things that primarily concern individuals and not collectives

3.Things and places that are individually owned, including things that are cognitively ‘our own’, like our thoughts, goals, emotions, spirituality, preferences, and so on

In the discussion of Spaces we needed to get into the concept of The Tragedy of the Commons (Hardin 1968) which states that individuals all act out of self-interest and any space that isn’t regulated through private property is lost forever. This ideology has grown to mythological proportions and it was very nice to be able to use Nobel prize winning economist Elinor Ostrom to critique it:

The lack of human element in the economists assumptions are glaring but still the myth persists that common goods are not possible to sustain and that government regulation will fail. All that remains is private property. In order to have a more interesting discussion on common goods I introduced David Bollier

A commons arises whenever a given community decides that it wishes to manage a resource in a collective manner, with a special regard for equitable access, use and sustainability. It is a social form that has long lived in the shadows of our market culture, but which is now on the rise

We will be getting back to his work later in the course.

In closing I wanted to continue the problematizing the public/private discussion – in particular the concepts of private spaces in public and public spaces in private. In order to illustrate this we looked at these photos:

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Just a Kiss by Shutterpal CC BY NC SA

The outdoor kiss is an intensely private moment and it has at different times and places been regulated in different manners. The use of headphones and dark glasses is also a way in which private space can be enhanced in public. These spaces are all around us and form a kind of privacy in public.

The study of these spaces is known as Proxemics: the study of nonverbal communication which Wikipedia defines as:

Prominent other subcategories include haptics (touch), kinesics (body movement), vocalics (paralanguage), and chronemics (structure of time). Proxemics can be defined as “the interrelated observations and theories of man’s use of space as a specialized elaboration of culture”. Edward T. Hall, the cultural anthropologist who coined the term in 1963, emphasized the impact of proxemic behavior (the use of space) on interpersonal communication. Hall believed that the value in studying proxemics comes from its applicability in evaluating not only the way people interact with others in daily life, but also “the organization of space in [their] houses and buildings, and ultimately the layout of [their] towns.

The discussions we have been having thus far have been about cities and the access and use of cities. How control has come about and who has the ability and power to input and change things in the city. Basically the “correct” and “incorrect” use of the technology. Since we are moving on to the public/private abilities inside our technology I wanted to show that we are more and more creating private bubbles in public via technology (our headphones and screens for example) and also bringing the public domain into our own spaces via, for example, Facebook and social networking.

We ended the class with a discussion on whether Facebook is a public or private space? If it is a private space what does it mean in relation to law enforcement and governmental bodies? If it is a public space when is it too far to stalk people? And finally what is the responsibility of the platform provider in relation to the digital space as public or private space?

here are the slides I used:

Design and Access to the City: Notes on a lecture

What is a city? Who gets to decide how it should be used and by which groups? In order to address this I began with two examples intended to demonstrate the conflict. I purposely chose not to use large scale examples.

The first example was in 2009 when the Harvard professor Henry Louis Gates Jr was arrested for breaking into his own home. Despite being able to identify himself and that it was his own address the police “…arrested, handcuffed and banged in a cell for four hours arguably the most highly respected scholar of black history in America.”

The second example was Oscar-winner Forest Whitaker being accused of shoplifting and patted down by an overzealous employee at the Milano Market on the Upper East Side in Manhattan. This latter example is interesting because the market apologized and said of the employee: “He’s a decent man, I’m sure he didn’t mean any by wrong doing, he was just doing his job” “a sincere mistake”. An interesting thing about this is that if you search the term “Forest Whitaker deli” most of the hits are for the apology and not for the action itself.

These two minor events would never had come to the attention of anyone unless they had happened to celebrities with the power to become part of the news. They demonstrate that even among sincere well meaning people there are groups thought to have less access to the city.

Ta-Nehisi Coates wrote an excellent op-ed called The Good, Racist People , which he ends writing about the deli:

The other day I walked past this particular deli. I believe its owners to be good people. I felt ashamed at withholding business for something far beyond the merchant’s reach. I mentioned this to my wife. My wife is not like me. When she was 6, a little white boy called her cousin a nigger, and it has been war ever since. “What if they did that to your son?” she asked.

And right then I knew that I was tired of good people, that I had had all the good people I could take.

Following this introduction the lecture moved on to demonstrate the power of maps. I began with a description of the events leading up to Dr John Snow identifying the Broad Street Pump as the cause for the Soho Cholera outbreak of 1854.

Dr Snow did not believe in the miasma (bad air) theory as the cause of cholera and in order to prove that the cause was connected to the public water pump on broad street he began mapping out the cholera victims on a map. They formed a cluster around the pump.

pumpWith the help of this illustration he was able to show that the disease was local and get the pump handle removed. The cholera cases decreased rapidly from that point.

The immediate cause of the outbreak was the introduction of human waste into the water system – most probably from a mother washing an infected child’s diapers. But the fundamental reason for the huge death count was the lack of sewer and sanitation systems in this poorer area of the city. By insisting on the miasma theory the city could claim to be free from responsibility.

In the following part of the lecture I wanted to discuss how cities can maintain segregation and inequality of services despite the ways in which the rules are presented as fair and non-biased. In order to do this I used a list of maps demonstrating cities segregation by race and ethnicity created by Eric Fischer.

One dot for each 500 residents. Red is White, Blue is Black, Green is Asian, Orange is Hispanic, Yellow is Other. Images are licensed CC BY SA. There are several maps of interest and they are well worth studying. Here I will only present Philadelphia and Chicago:

Chicago: One dot for each 500 residents. Red is White, Blue is Black, Green is Asian, Orange is Hispanic, Yellow is Other.

Chicago: One dot for each 500 residents. Red is White, Blue is Black, Green is Asian, Orange is Hispanic, Yellow is Other.

Philadelphia: One dot for each 500 residents. Red is White, Blue is Black, Green is Asian, Orange is Hispanic, Yellow is Other.

Philadelphia: One dot for each 500 residents. Red is White, Blue is Black, Green is Asian, Orange is Hispanic, Yellow is Other.

As we are in Philadelphia I also included a map of household income (Demographics of Philadelphia)

 Median household income in Center City and surrounding sections, 2000 Census.

Median household income in Center City and surrounding sections, 2000 Census.

At this point I moved the discussion to the distinction between public and private spaces. I used definitions of these from Wikipedia

A public space is a social space that is generally open and accessible to people. Roads (including the pavement), public squares, parks and beaches are typically considered public space.

To a limited extent, government buildings which are open to the public, such as public libraries are public spaces, although they tend to have restricted areas and greater limits upon use.

Although not considered public space, privately owned buildings or property visible from sidewalks and public thoroughfares may affect the public visual landscape, for example, by outdoor advertising.

As the distinctions between private/public will be discussed in depth in a future lecture I left this as a relatively vague discussion and went into the problems of two of our rights as practiced in the “public space”

Free Speech: Not wanting to delve into the theory of this fascinating space I jumped straight into the heart of the discussion with a quote from Salman Rushdie: “What is freedom of expression? Without the freedom to offend, it ceases to exist” The point being that we don’t need protection to conform but we do need it to evolve. 

For this lecture I brought up outdoor advertising. This is an activity which is globally dominated by one corporation: The Clear Channel Outdoor Holdings is probably the biggest controller of outdoor communication in the world. They have the ability to decide which messages are transmitted and which are not. They have accepted advertising for fashion brands which transmit harmful body images and even brands which have been accused of glorifying gang rape. For a look at this disturbing trend in advertising see 15 Recent Ads That Glorify Sexual Violence Against Women.

The messages being pushed out on billboards can arguably seen as a one-sided participation of the public debate. Changing messages (adbusting) or even correcting willfully false information on billboards is seen as vandalism. As a demonstration that something can be done I showed a clip of a report about the clean city law, where the city of Sao Paulo has forbidden outdoor advertising.

However, when Baltimore in 2013 attempted to introduce a billboard tax Clear Channel Outdoor argued that billboards should be protected as free speech by the First Amendment and this tax would therefore be a limitation of the corporations human rights.

In order to demonstrate the right of assembly I used the demonstrations at Wall Street where the desire to protest was supported (in theory) by Mayor Bloomberg

“people have a right to protest, and if they want to protest, we’ll be happy to make sure they have locations to do it.”

Despite this sentiment the parks of New York close (even the ones without gates) at dusk or 1 am. This prevents demonstrators staying overnight. In order to circumvent this and continue the protests the demonstrators went to the privately owned Zuccotti Park where they could stay overnight. Eventually the protestors where dispersed when it was argued that the conditions were unsanitary.

Health hazard! by Seema Krishnakumar CC by nc sa

Health hazard! by Seema Krishnakumar CC by nc sa

The slides I used are here: