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.

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.

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!

Is there an inverse Filter Bubble?

The whole concept of Filter Bubbles is fascinating. It’s the idea that services like Google & Facebook (and many more) live on collecting data about us. In order to do this more efficiently they need to make us happy. Happy customers keep using the service ergo more data. To keep us happy they organize and filter information and present it to us in a pleasing way. Pleasing me requires knowing me. Or as Bernard Shaw put it “Do not do unto others as you would that they should do unto you. Their tastes may be different”

Its this organizing that makes creates problems. At its most benign Google attempts to provide me with the right answer for me. So if I search for the word “bar” Google may, based on my previous interests (searches, mail analysis, Youtube views etc), present me with drinking establishments rather than information about pressure. Maybe useful, maybe annoying. The problem occurs when we move on to more difficult concepts. The filter bubble argument is that this organization is in fact a form of censorship as I will not be provided with a full range of information. (Some other terms of interest: echo chamber & daily me & daily you).

Recently I have been experimenting with filter bubbles and have begun to wonder if there is also an “inverse” filter bubble on Facebook. The inverse filter bubble occurs when a social media provider insists on keeping a person or subject in your feed and advertising despite all user attempts to ignore the person or topic.

So far I am working with several hypothesis:

  1. The bubble is not complete
  2. The media provider wants me to include the person/topic into my bubble
  3. The media provider thinks or knows of a connection I do not recognize
  4. The person I am ignoring is associating heavily with me (reading posts, clicking images etc)

This is a fascinating area and I need to set up some ways of testing the ideas. As usual all comments and suggestions appreciated.

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?

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 – Control & Communication in Healthcare: Notes on a lecture

Busy playing catch-up with my notes (what are train rides for?), these notes come from a lecture I gave last week were the focus was on social media use in healthcare. I was (and am) excited about this subject as it touches on several sensitive difficulties like privacy, patient security, freedom of speech, professionalism and censorship like acts.

I chose to begin in an odd place – with planking. Remember planking? Wikipedia defines it as:

“an activity consisting of lying face down in an unusual or incongruous location. Both hands must touch the sides of the body and having a photograph of the participant taken and posted on the Internet is an integral part of the game. Players compete to find the most unusual and original location in which to play. The term planking refers to mimicking a wooden plank. Rigidity of the body must be maintained to constitute good planking.”

My point in beginning at this point was to show that there are many strange fads. These fads may be seen as silly – but are they harmful? Silly may be permissible but harmful acts may need to be controlled. Naturally planking wasn’t taken totally out of the blue but the in 2009 several members of staff at a UK hospital risked being fired for planking on the job.

From this point I showed several examples of Social Media & healthcare related acts that created a point of departure for the rest of the short presentation. My point was to widen the discussion from the bad apple theory to a wider group of neglectful individuals. Take for example the situation where a hospital worker has his picture taken with an anesthetized patient and posts this to Facebook.

The first error is to think of taking the picture, the second is asking someone else to take the picture, the third is to take out the camera, the fourth is that nobody else in the room reacted, the fifth is to post the image to Facebook, the sixth is all the positive comments people left on Facebook and the seventh is all the people who silently witnessed the process.

The question I want to explore is: WTF? How is this even possible? Then I put forward three ideas. (1) The people are ignorant of their acts and their consequences, (2) the people are stupid, (3) it was all an accident or mistake.

Obviously this story has too many stages to happen accidentally or by mistake. People doing stuff like this must obviously be stupid but are they really stupid people? I don’t think stupidity really covers these acts. If you ask healthcare workers about patient security or privacy I am sure they will be able to give a long and well-discussed answer to the topic. Can it be that people are ignorant of the consequences of their acts? This seems to be too odd, even people who only have a rudimentary understanding of social media will know the effects of their acts. So what’s left?

One of the interesting things about technology is the way in which it enables us to do things which we normally cannot do. But it is also interesting that technology encourages us to do things differently. For example there seems to be a change in the way in which we react today when we witness an accident or emergency.

1. Photograph the event
2. Tweet the photo
3. Update status on Facebook
4. Call emergency services

Naturally this is apocryphal but it has a sad ring of truth about it.

To this we must add the fact that bad news travels fast and is spread widely. This means that scandals spread faster than good news. To quote Winston Churchill “A lie can travel halfway around the world before the truth can get its pants on.”

So healthcare organizations are struggling to handle the situation where people are surrounded by sensitive information that if put online spreads faster and causes great harm to the individuals and damages the reputation of the organization. To handle this many organizations are creating policies. However, many of the policies are not really paying attention to the realities of the situation they attempt to regulate.

Many policies focus on protecting the organization rather than enlightening the individuals. The goal is to minimize any damaging effects of a damaging spread of information rather than helping individuals understand what social media is and how it should or could be used.

Social media very often leads to performance lifestyle where the individual works to present him or herself in an interesting way. As most individuals have ordinary lives the challenge is to present the ordinary as something extraordinary. In many cases this results in using superlatives. In social media we don’t (for example) just drink coffee but we drink excellent or horrible coffee. As social media demands activity of its users it does not work to help us to recognize or be aware of excessive or harmful spreads of information but rather encourages us to do more.

It is important to remember that on Facebook we are not customers or clients – we are the creators of the raw material (our data).

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

So the design encourages us to share, the licenses limit the responsibility of the platform (for example Facebook) and a lack of social responsibility ensures we will not be interrupted in our sharing (even of harmful information). Basically we see that we are in a situation were local laws are not in control of the infrastructure we use to communicate and therefore its efficiency is eroded.

On the topic of social responsibility it noteworthy that the founder of Facebook, Mark Zuckerberg, has been quoted saying: privacy is no longer a social norm and “A Squirrel Dying In Your Front Yard May Be More Relevant To Your Interests Right Now Than People Dying In Africa”. It is ideas like these that shape one of the greatest information infrastructures ever devised. It’s obviously not about creating a more responsible world but about a radical new transparency were corporations mine us for our data.

In the light of this we must realize and remember two things: Firstly, policies are not enough – their focus is on protecting organizations in the face of human errors. Even if “everyone” in an organization knows things are being done wrong – the moment a major error occurs the policy may be used as a defense of the organization to the detriment of the user. The secondly, in a network silence is acquiescence. In other words by allowing information to be spread without comment is the same as passive agreement to the information.

What organizations need to ensure is that there is an ongoing discussion on the role and effects of social media.

Here are the slides I used for my presentation

Because we can: comments from a lecture

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

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

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

To illustrate this I displayed this tweet:

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

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

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

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

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

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

Pell’s analysis:

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

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

FSCONS continued late into the night.