Are tweets really, really public?

There is a very interesting discussion going on at Gawker about whether Twitter is private or public. Here is a representative excerpt:

Most things that you write on Twitter will be seen only by your followers. Most things that you write on Twitter will not be read by the public at large. But that is only because the public at large does not care about most things that you have to say. It is not because the public does not have “a right” to read your Twitter. Indeed, they do. They can do so simply by typing Twitter dot com slash [your name] into their web browser. There, they will find a complete list of everything that you have chosen to publish on Twitter, which is a public forum.

If you do not want your Twitter to be public, you can make it private. Then it will not be public. If you do not make it private, it will be public.

So far, so good. But then there is the bit that made me think.

Because Twitter is public, and published on the internet, it is possible that someone will quote something that you said on Twitter in a news story. This is something that you implicitly accept by publishing something on Twitter, which is public.

This part I find less convincing. Yes, Twitter is public. But does this really mean that everything in the public could be used in any way. Am I supposed to have implicitly agreed to any form of possible, potential use of my material simply because Twitter is public?

No.

From a copyright perspective there is a good case for arguing that my tweets are my property. But then again I would also argue that republishing the tweets falls under fair use or right to quote. Despite this, it’s still a good illustration that public does not mean free-to-use-in-any-way-I-want.

But what are the limits of re-use of Tweets? I would be offended if a militant group of madmen (take your pick) used a tweet of mine (along with my image and user name) on a poster (unlikely scenario, I know). But would I be able to prevent it?

What about using tweets in lectures? Ah yes, its fair use. What about shaming a student by displaying his/her tweets? (Not outlandish it happened here). What about the police shaming drunk drivers? What if a doctor retweets medical information tweeted by a patient? Would this breach medical ethics?

Tweet This by Kris Olin CC BY NC SA

The technology is public (open for all to see). But this mean that the public has the right to do whatever they please with what they see? Even if there is no legal limits to this behavior, there are ethically questionable reuses of tweets.

The point is that when I tweet something there is a small chance that the people who follow me see it. If some of them retweet then there is a chance of others seeing it. But if @stephenfry were to accidentally retweet it – I would achieve internet fame.

My tweets do not achieve internet fame. My tweets exist within a context. Naturally there is no law preventing them from leaving that context but when they do, their meaning may warp beyond their original meaning and purpose. And when this happens – what is the ethical responsibility of the re-tweeter?

The Day We Fight Back

Today, 11th February 2014, is ‘The Day We Fight Back” – a day of campaigning against mass surveillance. The problem is that we have become so comfortable with the creeping levels of mass surveillance in our lives that we no longer stop to question what is happening and what surveillance means.

Basically this is all about lack of imagination and education about the issues. Sure we love our technological toys but it is up to all of us to know what it means when the convenience of technology lulls us into accepting large scale privacy invasions in our lives. Among the reasons for the existence of large scale surveillance is that we have come to accept it rather than protest or even question it.

Standing up for our rights is worthwhile and important. Read more on the EFF site, check out the events and info on the Today We Fight Back site and why not follow Paul Bernal’s advice in 10 Ways to Fight Back. It’s not about not using your favorite tech but it’s about being allowed to use your stuff in ways which are not harmful to us.

Peering into private homes

The photographer Arne Svenson has an amazing series of photographs. What he has done is photographed his neighbors in the building opposite from where he lives in New York. Using a 500mm lens he peered through the glass-faced building and took some amazing shots.

The result is a series of images called The Neighbors. They are very personal images into peoples private lives but – from what I’ve seen online – none of the images clearly identify anyone. On the artist’s site this is how the photographs are explained:

The grid structure of the windows frame the quotidian activities of the neighbors, forming images which are puzzling, endearing, theatrical and often seem to mimic art history, from Delacroix to Vermeer. The Neighbors is social documentation in a very rarified environment. The large color prints have been cropped to various orientations and sizes to condense and focus the action.

The Guardian has a quote from Svenson about his work:

“I don’t photograph anything salacious or demeaning,” is Svenson’s stock retort when pressed on his work’s morality. “I am not photographing the residents as specific, identifiable individuals, but as representations of humankind.”

Despite this, two neighbors sued Svenson after having spotting their children among the subjects. Yet a court ruled this month that Svenson’s actions were defensible under the First Amendment’s guarantee of free speech, and that such art needs no consent to be made or sold.

The interesting thing is that Svenson seems to express a clear ethical boundary. He is taking photographs of people, without their consent, inside their homes and making them public. And yet he does draw the line at making individuals identifiable.

Wearable camera takes 2 photos per minute

Lifelogging has been a buzzword for some time now, but its still a cumbersome task for most of us. But this is not going to last long.

One device that’s going to make this all too easy is the Memoto, which has the tag line “Remember every moment.”

The product is small and simple, clip it on and it takes two photos per minute until you take it off. In the promotion video Memoto says: “What if we could build a camera small enough to never be in the way, but smart enough to capture life as we live it.”

The mass of 5 megapixel pictures are stored on Memoto’s storage surface, and include the time and the location where they were taken. Via an app the photo’s are searchable via gps and time.

When the images are stored on the cloud they are organized into moments, represented by the algorithmically chosen most interesting image.

Sure this is a cool toy, its small, light and colorful. But it also raises several ethical implications. Such as:

  • Many of the people around will have no idea they are being photographed by the device
  • People may object in general to having their time and location and image stored
  • What happens if the device carrier walks into sensitive areas such as hospitals, courts, police stations
  • Who controls the images
  • Who accesses the images (legally or illegally)
  • Copyright questions
  • Trade secrets

Despite all these questions the devices are available and will probably be around soon. A day will produce over 1000 pictures – which explains the need for the algorithm to help us sift through the garbage. But even then I suspect that most of us will realize that we live fundamentally boring lives, probably not worth documenting.

 

Technology: older than we think

Technology is always older than we think. Recently XKCD published a wonderful series of quotes on how we perceive the changes technology brings on the pace of everyday life.

Then today I came across Mark Twain’s excellent use of the camera in King Leopold’s Soliloquy: A Defense of His Congo Rule published in 1905.

The kodak has been a sore calamity to us. The most powerful enemy that has confronted us, indeed… Then all of a sudden came the crash! That is to say, the incorruptible kodak — and all the harmony went to hell! The only witness I have encountered in my long experience that I couldn’t bribe… Then that trivial little kodak, that a child can carry in its pocket, gets up, uttering never a word, and knocks them dumb!

Public servants and Private individuals

TJ McIntyre has a brilliant quote from Glenn Greenwald that summarizes much of what is important in the privacy debate:

The way things are supposed to work is that we’re supposed to know virtually everything about what they do: that’s why they’re called public servants. They’re supposed to know virtually nothing about what we do: that’s why we’re called private individuals.

Surveillance and hi-resolution

Huge hi-res images are fascinating and the London Panorama from the BT Tower is no exception. But the resolution got me thinking that this was an excellent visualization of what surveillance really can look like. It’s not only the barely visible images taken from cheap cameras on walls. Check out the zoom on this baby…

Do you see the man with the red shirt and glasses?

Your Phone Company is Watching

Data retention and mobile telephones are seen as boring subjects. But change that to “Your phone company is watching” and get Malte Spitz to harass his phone company to use his right to information. The data he gets maps out 6 months of his life – check out what he does with the data. All of a sudden data retention is not boring – it is scary serious.

Spitz demonstrates simply why this is important. He argues that we have to fight for our right for self-determination every day. He is right and history may depend on it.

 

What kind of data is your cell phone company collecting? Malte Spitz wasn’t too worried when he asked his operator in Germany to share information stored about him. Multiple unanswered requests and a lawsuit later, Spitz received 35,830 lines of code — a detailed, nearly minute-by-minute account of half a year of his life.

Malte Spitz asked his cell phone carrier what it knew about him–and mapped what he found out.

Could Facebook be a members only social club?

What is public space? Ok, so it’s important but what is it and how is it defined? The reason I have begun thinking about this again is an attempt to address a question of what government authorities should be allowed to do with publicly available data on social networks such as Facebook.

One of the issues with public space is the way in which we have taken it’s legal status for granted and tend to believe that it will be there when we need it. This is despite the fact that very many of the spaces we see as public are actually private (e.g. shopping malls) and many spaces which were previously public have been privatized.

So why worry about a private public space? Who cares who is responsible for it? The privatization of public space allows for the creation of many local rules which can actually limit our general freedoms. There is, for example, no law against photographing in public. But if the public space is in reality a private space there is nothing stopping the owners from creating a rule against photography. There are unfortunately several examples of this – only last month the company that owns and operates the Glasgow underground prohibited photography.

Another limitation brought about by the privatization of public spaces is the limiting of places where citizens can protest. The occupy London movement did not chose to camp outside St Paul’s for symbolic reasons but because the area land around the church is part of the last remaining public land in the city.

Over the last 20 years, since the corporation quietly began privatising the City, hundreds of public highways, public pathways and rights of way in place for centuries have been closed. The reason why this is so important is that the removal of public rights of way also signals the removal of the right to political protest. (The Guardian)

This is all very interesting but what has it got to do with Facebook?

In Sweden a wide range of authorities from the Tax department to the police have used Facebook as an investigative tool. I don’t mean that they have requested data from Facebook but they have used it by browsing the open profiles and data available on the site. For example the police may go to Facebook to find a photograph, social services may check up if people are working when they are claiming unemployment etc.

What makes this process problematic is that the authorities dipping into the Facebook data stream is not controlled in any manner. If a police officer would like to check the police database for information about me, she must provide good reason to do so. But looking me up on Facebook – in the line of duty – has no such checks.

These actions are commonly legitimized by stating that Facebook is a public space. But is it? Actually it’s a highly regulated private public space. But how should it be viewed? How should authorities be allowed to use the social network data of others? In an article I am writing right now I criticize the view that Facebook is public, and therefore accessible to authorities without limitation. Sure, it’s not a private space, but what about a middle ground – could Facebook be a members only social club? Would this require authorities to respect our privacy online?