Privacy a Question of Class

As we are in the beginning of the privacy course I dedicated today’s class to a closer reading of the classic Warren & Brandeis Right to Privacy article from 1890. We began with a discussion on what rights were, where they came from, and what they meant. The concept of rights is interesting as it is invoked often enough but it is often only vaguely understood.

From this point the discussion moved to trying to understand why Warren & Brandeis were interested in writing the article and what at that time in history made it relevant. The often cited cause is that Warren married Mabel Bayard, the daughter of a senator and future secretary of state – and that the press were overly prying. However, an interesting article What if Samuel D. Warren Hadn’t Married a Senator’s Daughter? by Amy Gajda shows that this was not the case. The press naturally reported it but hardly in a prying manner. Also the couple were married seven years before the publication, this may be a long time to hold a grudge. While the press were “nastier” when reporting the death of Mabel’s mother and sister, it is difficult to see if this was the true impetus for writing the article.

What is clear is that Warren had the main desire for the article and Brandeis was the lead author. Their anger was directed at the ways in which gossip had turned into an industry.

The press is overstepping in every direction the obvious bounds of propriety and of decency. Gossip is no longer the resource of the idle and the vicious, but has become a trade which is pursued with industry as well as effrontery. . . . To occupy the indolent, column upon column is filled with idle gossip, which can only be procured by intrusion upon the domestic circle . . .

The lowering of production costs for newspaper production, the increase in the gossip press, the desire for people to read this material is all reflected in the article. This was also a period of time when new technologies were enabling a new level of recording and transmitting data

Instantaneous photographs and newspaper enterprise have invaded the sacred precincts of private and domestic life; and numerous mechanical devices threaten to make good the prediction that ” what is whispered in the closet shall be proclaimed from the house-tops.

It is clear that the authors see a mix between technology and the business models that these technologies support. All this together was creating harm. Here they were looking towards a type of psychological harm that comes from the lack of protection from the sphere that is necessary for people to stay healthy in an ever more distressing world:

The intensity and complexity of life, attendant upon advancing civilization, have rendered necessary some retreat from the world, and man, under the refining influence of culture, has become more sensitive to publicity, so that solitude and privacy have become more essential to the individual; but modern enterprise and invention have, through invasions upon his privacy, subjected him to mental pain and distress, far greater than could be inflicted by mere bodily injury.

By looking at a wide range of cases and laws they explore, for example the ways in which copyright and defamation work, in order to

It is our purpose to consider whether the existing law affords a principle which can properly be invoked to protect the privacy of the individual; and, if it does, what the nature and extent of such protection is.

The answer they seek, lies in the rights stemming from the individual and are an extension of the physical space that is the property of the individual. And there extent is interest as they recognize the importance of metadata when they write

A man writes a dozen letters to different people. No person would be permitted to publish a list of the letters written. If the letters or the contents of the diary were protected as literary compositions, the scope of the protection afforded should be the same secured to a published writing under the copyright law. But the copyright law would not prevent an enumeration of the letters, or the publication of some of the facts contained therein.

The article was well received. For example an article in the 1891 Atlantic Monthly wrote (from Glancy The Invention of the Right to Privacy Arizona Law Review 1979):

…a learned and interesting article in a recent number of the Harvard Law Review, entitled The Right to Privacy. It seems that the great doctrine of Development rules not only in biology and theology, but in the law as well; so that whenever, in the long process of civilization, man generates a capacity for being made miserable by his fellows in some new way, the law, after a decent interval, steps in to protect him.

But an interesting social critique comes from Godkin writing about the Right to Privacy article in The Nation in 1890

The second reason is, that there would be no effective public support or countenance for such proceedings. There is nothing democratic societies dislike so much to-day as anything which looks like what is called “exclusiveness,” and all regard for or precautions about privacy are apt to be considered signs of exclusiveness. A man going into court, therefore, in defence of his privacy, would very rarely be an object of sympathy on the part either of a jury or the public.

He also wrote (from Glancy The Invention of the Right to Privacy Arizona Law Review 1979)

” ‘privacy’ has a different meaning to different classes or categories of persons, it is, for instance, one thing to a man who has always lived in his own house, and another to a man who has always lived in a boardinghouse.”

Godkin is interesting as he puts the privacy that Warren and Brandeis are calling for into an social or class perspective. The harm that Warren and Brandeis experience is a lack of comfort that only exists in the class that can afford it. There is no right to privacy in the sense that everyone should be given the opportunity to experience the right. It is the protection of those who already have power – not the creation of a right to empower people.

An interesting comparison is when Mark Zuckerberg declared that privacy is no longer a social norm in 2010. But in 2013  he bought four homes surrounding his house in order to ensure his privacy. Privacy is what can be afforded.

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:

Steve Mann assaulted at McDonalds (& censored by Facebook?)

Steve Mann is an amazing person. He is the father of wearable computers and is well worth reading about (Wikipedia for example).

He recently published a recount of an assault he suffered at the hands of some paranoid McDonalds staff. It’s strange, it’s terrible and it deserves to be spread. Obviously McD should be offering apologies and offering to repair his equipment.

Read the full story here: Physical assault by McDonald’s for wearing Digital Eye Glass it will also give you an idea of why Steve Mann is important to tech development in general and to Googles upcoming glasses in particular.

While this tragic and scary it is not really something I was going to blog about. I tweeted it… fine. I was going to post it on Facebook and got this:

Well ok that’s odd but I didn’t use the exact link, how careless of me. So I tried again.

Seriously? Is Facebook blocking Steve Mann’s blog? What is going on here?

 

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?

Facebook is the box, not the content

A major focus of discussion recently has been about the value of Facebook. This is kind of obvious as they have an ongoing Initial Public Offering, where the company is selling shares to the public based on an estimated value of around one hundred billion dollars.

The first question is whether the company is worth the money? But then again value is just what the market thinks its worth so its basically a consensual hallucination, which is fine if you share it and odd if you don’t. But the more interesting issue is what the value is after the shares have all been sold. This is still part hallucination but it’s also about performance and this is where it gets interesting. Techcrunch has an interesting article with shiny figures and tables but what makes me think is these quotes:

In terms of Facebook’s overall ad pitch, the company’s chief operating officer Sheryl Sandberg said that the company’s long-term goal is to be the place where 70 million businesses worldwide go to offer personalized, relevant advertising…She said, “Every day on Facebook is like the season finale of American Idol times two,” in a reference to the home page

The company really needs to sell to advertisers that they are One place, One market with access to billions – this follows the usual rhetoric of “if Facebook were a country”. But the problem with this is that we are not on Facebook for Facebook, we are there for the content. Facebook knows this and tailors the experience for the user. But with this tailoring there is really no Facebook, at least no one version of Facebook. And if there is no one version then the comment that its like the final season of American Idol is pointless. Facebook may be the box, the television we are all staring at – but we are looking at different channels.

The problem is that this makes Facebook less trendy. It turns it into an infrastructure, nobody wants to invest in infrastructure, its too untrendy. That’s why Facebook insists on talking about itself as ONE place were 800 million people meet.

Facebook & the Bad Science Baloney Detection Kit

Michael Shermer has a brilliant Baloney Detection Kit which can “help draw the boundaries between science and pseudoscience”.

But don’t let the science and pseudoscience thing put you off – it has other simpler uses. In a recent lecture I asked my students to apply the detection kit to a particularly bad piece of “research”.

The report was modestly entitled “Sweden’s Largest Facebook Study” it’s available online here. It’s in English with a Swedish summary. There are several easy-to-spot flaws with the report but the first thing that sets the alarm bells off is the fact that the report was not released into academia but was given exclusively to the media. This meant that before anyone could actually read the report the media was gleefully telling us that researchers have proven that “Facebook makes us miserable”, it spreads “unhappiness” and we are even miserable if we don’t logon often enough.

People who disagreed couldn’t do anything since the report was not available. This may be good marketing but its also very bad science. Things did not get better when the embargo was over and the report was released.

The first thing that strikes the reader is that there is a PR company’s logo above the university logo. I’m all for partnerships but PR isn’t research and research isn’t PR. Credibility in the research was not enhanced.

The next thing that hit me was the research location and topic. The report is published at Göteborg Research Institute which is under the School of Business, Economics and Law but the highest ranking researchers where from psychology. Releasing a report to the media instead of peer review is one thing but not publishing within your own discipline is also a bit odd – what are these people attempting to conceal…

Then I looked at the authors’ qualifications. Two PhD students, three undergrads and a PR person. Seriously??? This is not a guarantee for good science! Not that it makes that much of a difference but the undergrads were not even students at the same university. Curious.

The final thing that got me going was the subjects included in the study. Sweden has 9 million people and 52% of them are on Facebook (Olle Findahl Svenskarna och Internet 2011 has an English summary). The “Largest Facebook Study” is based on data from an online survey of 1011 respondents. This hardly qualifies it as largest anything. Getting three undergrads to pester 1000 friends to fill in a couple of bad questions may give you data to play around with but its hardly the basis for making the statements they make in the report. Asking people if they are happy? Seriously?

But we had lots of fun in class – I gave my students the report and the baloney detection kit which is based around 10 questions (more details here):

1. How reliable is the source of the claim?
2. Does the source make similar claims?
3. Have the claims been verified by somebody else?
4. Does this fit with the way the world works?
5. Has anyone tried to disprove the claim?
6. Where does the preponderance of evidence point?
7. Is the claimant playing by the rules of science?
8. Is the claimant providing positive evidence?
9. Does the new theory account for as many phenomena as the old theory?
10. Are personal beliefs driving the claim?

They tore the report to shreds! They had questions, spotted errors and anomalies after the briefest of readings. I am proud of them all.

The whole thing reminded me of the Martin Rimm affair of 1995. Rimm was a student at Carnegie Mellon who had also carried out “research” and arrived at the fascinating conclusion that 83.5% of images traded on Usenet are  pornographic. He secured a publication in a law review (prestigious, but not used to dealing with statistics) and then sold an exclusive to Time Magazine who used it as a cover story

Naturally when the article with the glorious title

“Marketing Pornography on the Information Superhighway: A Survey of 917,410 Images, Description, Short Stories and Animations Downloaded 8.5 Million Times by Consumers in Over 2000 Cities in Forty Countries, Provinces and Territories.”

was finally made available it was torn to shreds, the law review was criticized and so was the editor of Time Magazine. It was not a pretty sight.

So what are we left with? Two PhD students gained some buzz in Swedish media but are viewed with suspicion in academia – this is going to follow them no matter how much they will eventually try to downplay it. The research institute and the School of Economics has sullied its name (why on earth did they let this happen??). I also wonder were the supervisors were in all of this? They may be innocent bystanders but still they have to take some of the heat.

So what we are left with is one happy PR company. What a mess baloney makes….

 

Empowered citizens or Digital dairy cows: Notes on a lecture

The purpose of today’s lecture was to familiarize the audience with social media and what they may need to know about it. The lecture began with examples of what the media reports when social media is mentioned. The interesting thing is that media today has turned from the previously optimistic position to being more openly critical. To exemplify this I used three recent examples from Swedish media where the papers reported that research showed: smart phones make us selfish, Facebook spreads unhappiness & the need to be connected causes insomnia among young people.

Generally speaking the extremes of the debate either view social media as revolutionary (and fundamental for the Arab spring) or trivial. Defining the Arab spring as a Facebook revolution degrades the pain, suffering and efforts of the individuals doing the work. My example of the trivial is a response from an older professor when he heard I was working on an article on Twitter:

“Twitter? Isn’t that where everyone talks about what they had for breakfast?” Just as with the revolutionary view of social media this may have a grain of truth. Social media can be used for trivial conversation but it would be incorrect to see social media as only trivial. It may also be important to remember that most conversation is trivial. Trivial conversation is what creates and maintains social relations.

The approaches to social media belong to a longer tradition of techno-optimism and pessimism. My examples of optimism are a quote from Wikipedia:

Social media…At its most basic sense, social media is a shift in how people discover, read and share news, information and content. It’s a fusion of sociology and technology, transforming monologues (one to many) into dialogues (many to many) and is the democratization of information, transforming people from content readers into publishers. (Wikipedia, May 2009)

What does “the democratization of information” even mean? My second optimism example is Time Magazine’s choice of YOU as person of the year in 2006.

My choice of pessimists were a quote from Andrew Keen’s The Cult of the Amateur: How today’s Internet is killing our culture” (2007)

“Out of this anarchy… what was governing the infinite monkeys now inputting away on the Internet was the law of digital Darwinism, the survival of the loudest and most opinionated.”

Say what you like about Keen, but he is extremely clear about his position. The second pessimist quote is from Baroness Professor Susan Greenfield:

“My fear is that these technologies are infantilising the brain into the state of small children who are attracted by buzzing noises and bright lights, who have a small attention span and who live for the moment.”

From here the lecture moved on to the developments to what led to social media decade and the changes our new toys have caused. Naturally there are profound changes occurring all around us but the small stuff is fun to note.

The Wordfeud app is an interesting example. A couple of years ago admitting of regularly playing Scrabble may have been a form of social suicide – today things have changed and we happily boast of a high score. Similarly, a few years ago looking at pictures of your friends, enemies and other loose ties would have been voyeurism and maybe borderline stalking – today it’s just Facebook. Our use of technology has normalized abnormal behavior.

Our connectivity and our toys have also diminished our need for boredom – a feeling that may have filled an important purpose. I have written about Boredom as source of creativity earlier.

At this point the lecture moved on to some important points about what technology can do. Beginning with my favorite example of the Tokyo park bench read it here.

When we look at the effects of social media the most important point to begin with is the seminal quote by blue_beetle

If you’re not paying for something, you’re not the customer; you’re the product being sold

I like this quote but I have always felt that there was something missing. We are not really the product – we are the creators of the product, which is data. We are digital dairy cows and the product is digital milk.

A social change caused by social media is our relationship with our contacts. We are the stars in our own performance attempting to present our ordinary lives in extraordinary ways. We document our lives for the entertainment of others – or maybe for the creation of the image of a more exciting life. As an example I showed my coffee project (a mix of entertainment, amusement & sadism – to be explained in a later blogpost).

In order to understand more about what we are doing it is good to know what the controllers of the infrastructure think about. It is important to understand the digital dairy farmers.

One of the main players is Mark Zuckerberg and his position on “radical transparency”

“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”

There are several things wrong with this position (not even focusing on the fact that his company profits from this position). According to Zuckerberg the days may be coming to an end (which I seriously doubt) but what to do now? The media is full of examples where individuals have been punished (socially or economically or more) for information that may not have been illegal or even immoral.

In addition to this Zuckerberg has claimed that privacy is no longer a social norm. Additionally, Zuckerberg’s goal seems to create a personalized view of the world (check out Pariser’s Filter Bubble or some stuff on personalization I wrote here). In Zuckerberg’s own chilling words:

A Squirrel Dying In Your Front Yard May Be More Relevant To Your Interests Right Now Than People Dying In Africa.

It is worrying that Zuckerberg is profiting from pushing these positions at the same time as he develops a technology that promotes excessive sharing and profits from the same.

So if social media is not going to show social responsibility, then who will fix this problem?

Usually we turn to the law. However the law is all focused on concerns with Orwell’s view of surveillance via Big Brother. But today we are the ones giving away our information for the sake of convenience and entertainment – we are in the controlled world of Huxley’s Brave New World (check out the Orwell/Huxley paradox here).

So we are left to our own devices – in more ways than one. What can we expect of the future? First we will see an increased efficiency in personalization (as I have written earlier):

The same is true of information. The sweet and fatty information in a long historical context was an understanding of who was allied with whom? Who is sleeping with whom? And whom can I get my genes over to the next generation (obviously just a nicer way of thinking about getting laid!). This is why we today have a fascination about gossip. Which minor celebs are attempting to sleep with each other takes up an extraordinary part of our lives. But this was all ok since the access to gossip was limited. Today, however, we are connected to the largest gossip engine ever conceived. Facebook may try to hide it in its spin, but part of our fascination is all about looking at each other. The problem is that there is only a limited amount of time in life and spending too much time on gossip limits our ability for more relevant information. We are becoming information obese and the solution is to decrease fatty information intake and go to the information gym regularly.

The development of walled gardens or information silos… Facebook (and other silos) is branding us like the cattle we are. By attempting to lock our behavior into their site and prevent us from leaving they are diminishing our freedom – a freedom which was originally created in the design of the Internet and is being subverted by the growth of social media (Read Long Live the Web by Tim Berners-Lee).

We are not going to be helped from our locked stalls by either law or corporations. We are left to practice thoughtful self-restraint and hope that the law will eventually catch up with our technology and needs.

The slides I used are here.

Social Media: a-social communities? Notes from a short talk

Yesterday I was participated in a late night session with every speaker getting 10 minutes and then being part of a panel. The theme of the evening was communities (my bad translation) To live as a person: Legitimacy and qualities in chosen and natural communities.

Among the other speakers were a professor of theology on the connection between space, religion and community and two photographers each involved in different local community/activism projects. They had lovely portraits of people in semi self-organizing communities under threat (a local second hand market and a threated allotment site) from the council.

It was an easy guess that I was there to represent the virtual, and implicitly, shallow communities of social media. This put me into a difficult position, as I don’t like classifying social media as “a community”

Anyhow I began by explaining that I would not be talking about social media in general but about Facebook in particular. The reason for this was two-fold. First, FB is probably what most people associate with the term social media and audience recognition is important, and second, I wanted to introduce a coming FB research area that I want to be work on.

Having established the topic of FB I ranted for half a minute on the problem with comparing all of FB to a community, on weakness of comparing FB to a country and to the awful ignorance of calling parts of the Arab spring, a Facebook revolution. All these, I argue are just very effective FB yarns that their marketing department either started or should have started – either way they are good publicity. And as we all know, good publicity is important but it doesn’t have to be true.

This was followed by an explanation of the shallowness of everyday interaction via FB. It was my goal here not to ignore, but to embrace the silly, everyday uses that make up the absolute backbone of FB activity. As a part of this I expanded on the concept of performance lifestyle – where we are all somehow presenting an edited version of ourselves to the audience (friends, contacts, followers…). If we do not perform we do not have an audience worth having. If we are too ordinary the audience loses interest. So we manipulate our lives, edit out the boring bits and attempt to present our best possible selves.

The groundwork being laid I then moved on to explain that the research project I would be initiating was to look at the ways in which FB is used in bereavement and mourning. This area creates so many questions: can the shallow be therapeutic? Is grief a performance? For whom and how do we communicate death? Etc.

A conflict between off/online in this question that I find particularly interesting is the way in which much of our grief processes the funeral and all its attributes, the mealtime afterwards, the formulaic (archaic?) expressions of support (my condolences) are all very much a form of performance lifestyle. While the interactions about death and mourning online are less ceremonial (rules/forms have yet to be evolved?) and more natural?

Community is about making a connection. Loneliness can easily be experienced when surrounded by family and friends.

Here are the slides I used. No content really, just pictures of “individuals” alone with their technology.

Is user education a red herring?

The BBC podcast of The Media Show with Steve Hewlett is always interesting to listen to. The latest show I listened to (episode 28 September 2011) contained a segment on the recent changes to Facebook and what these may mean for privacy. Hewlett interviewed Facebook’s Christian Hernandez and attempted to get him to see the privacy effects of the new changes.

Basically the new changes will mean that your friends will see what you are doing online – unless you opt out of showing those specific pages. In other words Facebook will happily announce to your “friends” that you have been looking at pages on weight loss (or whatever) and naturally let them draw their own conclusions from what they see of what I saw.

Hernandez was quick to stress the elements of user control over his/her information. If you chose you may opt-out of showing friends the specific pages you are viewing right now. Additionally if you forget you can remove the pages after the fact.

My problem with the former is that I need to be aware that my Facebook friends will always be looking over my shoulder. I am easily going to forget this. As for the latter – well once my friends know what I have looked at, removing the links/pages/information is not effective… I have already outed myself.

When pressed for a reasoning to why the privacy encroaching changes were made Hernandez talked about Zuckerbergs vision of a social net. When pressed further he returned back to the concept of user control. Eventually he did accept that these changes will require user education.

In other words we, the users, need to learn new proactive, protective forms of behavior. The platform owner has washed their hands – its our problem that they have given us the gift of freedom and control. Wonderful terms like freedom and control become red herrings in the world of data harvesting.

But if we are in danger from social media shouldn’t we be able to expect that the state will somehow regulate to protect us from our own behavior. They did so in areas such as smoking, seat-belts and motorcycle helmets… Sure there is a lot of interest in attempting to update privacy regulation from the pre-social media age – but its tricky. Also not everyone is in favor of regulation.

An example of this is Jeff Jarvis’ recent book Private Parts – Gordon Crovitz reviewed it in the Wall Street Journal

“Congress is considering several privacy bills. But Mr. Jarvis calls it a ‘dire mistake to regulate and limit this new technology before we even know what it can do.’

“Privacy is notoriously difficult to define legally. Mr. Jarvis says we should think about privacy as a matter of ethics instead. We should respect what others intend to keep private, but publicness reflects the choices ‘made by the creator of one’s own information.’ The balance between privacy and publicness will differ from person to person in ways that laws applying to all can’t capture.”

Jarvis is right that it is complex to regulate what we do not fully understand but this means that in the meantime we are losing our integrity rights every time the platform owners make changes – nominally to increase our freedom and control – but in reality to increase their control and profits. Lets never forget what MetaFilter user blue_beetle wrote “if you’re not paying for something, you’re not the customer; you’re the product being sold”.

Profiteers may act to protect access to raw material – not the rights of raw material.

 

Nordic Countries ask Facebook about privacy law

Norway has a longish tradition of questioning whether Facebook is in compliance with national integrity legislation. Way back in December 2009 I wrote (in Swedish) about the Norwegian Consumer Agencies early attempts to analyze Facebook’s relationship to privacy legislation. I was subsequently quoted on a t-shirt by the consumer agency!

Now the Data Protection Agencies of the Nordic countries have put together a list of questions to Facebook. The questions deal with the way in which the company complies with integrity legislation. The questions were sent from the Norwegian Data Protection Agency (Datatilsynet) but the questions are a collaboration from the agencies of Norway, Sweden, Denmark, Faroe Islands, Finland and Åland. Read the questions sent to Facebook.

There is also an interesting background report from the Datatilsynet: Social Network Services and Privacy: A case study of Facebook by Atle Årnes, Jørgen Skorstad and Lars-Henrik Paarup Michelsen (15.04.2011). There is also the press release from Datatilsynet (in Norwegian).