Posts Tagged ‘privacy’

The German privacy paradox

Thursday, February 11th, 2010

As a group, Germans are more private than anyone I know. My German grandfather-in-law used to lecture me: “People do not need to know that.” Germans complain about Google Streetview taking pictures of them … in public. They’re going after Facebook on privacy. They say that Google Analytics violates privacy. They even enable convicted killers to expunge their names from Wikipedia out of privacy. And now they’re up in arms about airport body scanners.

Yet go into a German sauna, and there the Germans are, male and female, together, sweaty and naked. Germans protect the privacy of everything but their private parts.

I do think we have something to learn from their sauna attitude. On my last trip to Germany, I got addicted to the sauna — no, not to gawk and, since my surgery, certainly not to show off anything (as I’ve revealed, I’m in a chronic state of shrinkage, or should I say, Sternage?). When I first visited a German sauna, I had the surprise Americans have and just decided to go with the flow: When in München….

But when I was in a Davos sauna (a very cool one in a log cabin outside the hotel) with a bunch of sweaty and naked Russians, the door opened and an American couple almost came in, until the wife saw me and shrieked (I do hope it wasn’t for the reason above). She slammed the door and pulled out and we heard her husband pleading, “No, really, it’s OK, honey. Yes, it’s supposed to be co-ed.” She came in after all, hermetically wrapped in her towel (a violation of German sauna etiquette) and sitting as stiff as a church lady, looking only at the ceiling. It was not relaxing for her. I suspect it was not going to be a relaxing evening for her husband, either.

So what’s the more mature attitude about privacy and publicness and the body? I’ll vote with the Germans on this. And that makes me ask why what’s private is private — a question worth asking as we hear so much about privacy in the internet age. One way to pose this question is to ask what harm could come from something private becoming public.

Start with the Germans: What’s the harm of being naked — especially when everyone else is? As I’ve written here before: In the company of nudists, no one is naked (I’m still trying to convince my editor thats a book title). So you have breasts and I have a penis. Surprise, surprise, surprise. Perhaps you could blackmail me because of the current state of mine, but when I went to a public sauna in Munich, I saw every possible body flaw. Even the Germans know there’s no harm in revealing one’s body.

What’s the harm that can come from revealing something else about oneself, as adults fear young people are doing in excess in Facebook and the web? The issue, I’ve long said, is not privacy but control: We have a right to control our information and how it’s used. But all this talk about privacy could make us withhold more than ever; it could make us downright antisocial. So I’ll ask again, what harm will come from publicness? Where’s the line?

* I don’t want to reveal anything about myself that robs someone else of their control of their privacy. So even though my current state of things may be obvious, I’m not going to talk about my sex life because that would violate my wife’s privacy. I wouldn’t make all my email or phone conversations public — as if anyone should care — for the same reason. I should pull no one into my glass house.

* I’m hinky about revealing what I make – most of us are. But why? I suppose I fear someone trying to scam me or beg me for money. But teachers don’t make much. You can easily find out what professors at CUNY earn since, if you live in New York, you’re paying me (up to $90k is the answer). I’ve revealed what I make from my blog (average of about $15k). For some reason, the publishing industry likes to leak what is paid for book advances. I reveal my consulting and speaking gigs. So you could probably come close to guessing my income. I have no reason to publicize it but I also am not sure what the harm is.

* I don’t want to reveal anything that would enable someone to steal my identity for financial ends or to impersonate or attack me or my familiy. So, of course, there’s no gain to be had and much harm to be gained from revealing passwords, account numbers, addresses, and the like.

* No one wants to be embarrassed and so we don’t want to reveal embarrassing things. But who to say what’s embarrassing? It comes out of our fear of what others will think of us. So others do. As a journalist, I’m embarrassed to make mistakes, but I’ve had to learn in blogging and Twitter that correcting mistakes enhances credibility. It’s not the mistake that matters but what you do about it. And, yes, the argument is made that young people will regret putting their drunken party pictures online when it comes time to apply for a job. But I say that as we shift generations, the bosses will have their own embarrassing party pictures and they will find themselves in a state of mutually assured humiliation. In What Would Google Do?, I hope that this stand-off might yield a more tolerant society.

What else? Is it possible to say that anything else is fair game for public sharing? Put that way, and it smacks of exhibitionism: My life is an open blog. So I prefer to turn the question around now and look at the benefits of publicness that we lose when we make something unnecessarily private. I’ve said that revealing my prostate here brought me great value: support, links to sources of information, incredibly candid and helpful previews from patients who’ve gone before, and the opportunity to spur others to check for the disease. Without revealing my cancer in public, I’d have received none of that benefit. I also argue in WWGD? that there’s value in the aggregation of our knowledge: if we all chronicled what we were doing 24 hours before the onset of my other condition, heart arrhythmia, would doctors find new patterns? If we all shared and could analyze our repair records for our Toyotas, would we surface dangerous flaws earlier? Not revealing such data may indeed someday be seen as antisocial.

So the Germans inspired me to ask about the line between private and public and why it’s there: merely cultural convention or self-interested reason? Fear or legitimate concern? And what is the cost of privacy?

They also inspired me to come home and try to install a sauna.

[Photo: mag3737]

: LATER: In the comments, Howard Weaver nacks me for saying “merely cultural convention.” I didn’t mean to belittle but to separate whether the cause of a convention is purely cultural or whether here are practical reasons (e.g., women in some culture hide their laughs out of convention but there’s nothing obvious bad that is going to happen to you if it is seen; but someone taking my credit card data can have real impact).

The more important point I meant to emphasize is that, of course, decisions about what’s properly private and public often are cultural and it’s fascinating — using the Germans and their saunas as a starting point — to examine those differences and use that to make us question our own assumptions. In the comments also a Scandanavian points out that there, you can indeed look up what your neighbor makes

: The other point I should make is about those body scanners. Some say that it’s different choosing to take off your clothes in a sauna vs. being denuded in a machine. Yes, but my point is that if we all as a culture saw exposing our (formerly) privates as no big deal, there’d be less of a hubbub about using the machines and perhaps we’d be safer as a result. In the U.S., we giggled about the guy with the bomb in his underwear. That embarrassed laughter could, in the extreme, cost lives.

Similarly, at Davos, I spoke as a patient at a dinner about prostate cancer and I said that our skittishness about talking about things having to do with the penis (or fingers up our asses) is keeping men from the doctors and killing some of them. Privacy can kill.

When Google’s the library, who’s the librarian?

Thursday, July 3rd, 2008

PaidContent says it’s a false alarm that Viacom will get personally identifiable information on our video viewing from YouTube and Google as part of its self-destructive lawsuit. Nonetheless, the episode has sparked the question I pose in the headline: When Google becomes our library, who acts as the librarian to protect our privacy as a matter of principle?

And what is the principle? Any site with content — Google, Amazon, a newspaper, a blog, an ISP — is now the moral equivalent of a library or bookstore, two institutions that try hard not to hand over information on what content we seek and consume arguing that that would violate our First Amendment rights. The controversy in the telco immunity legislation is that those searches were made without warrants. In this case, there is a warrant. When I ran sites, we got subpoenas all the time and handed over IP addresses when ordered; that was company policy. I always found it troubling and as a result ordered that we would change our data retention policy and get rid of IP addresses as soon as possible. Should Google and other sites erase IPs and rely only on cookies without personally identifiable information?

I say all this more as a question than as a statement. Viacom could have just as easily gotten our addresses and account names. Even as blind as Viacom is to the new reality — the suit itself is the proof of that — they realized, as PaidContent points out, that getting our personal viewing information would have turned them into a corporate peeping-tom pariah. So what is the principle and the law in your view? What should they be? And what are the practical tactics we should expect content sites to take? Should I be erasing my logs? Is that pointless because Google Analytics has them too? What gives?

: LATER: Bob Wyman adds in the comments:

PaidContent was spun… They are wrong. Viacom claims that they will receive no “personally identifiable information” because they managed to get the judge to accept that “login id is a pseudonym … which … ‘cannot identify specific individuals’” (See pages 13-14 of the ruling). The judge granted Viacom’s demand to receive “all data from the Logging database” — including login id.

I don’t know about you, but I sure think my Google “login id” does a pretty good job of identifying me…

:UPDATE: the Journal has a good July 4 story outlining how Google is trying to get Viacom to agree to scrubbing personally identifiable information out of the data because of the uproar over it.

We need a principle as we have one governing the ethics and if possible the behavior of bookstores and libraries. Google is the library.

Really public health

Tuesday, May 20th, 2008

I signed up for Google Health and immediately found it handy with news about each of my conditions. My wife wondered why anyone would use it and risk health data becoming public.

But my life is already an open blog and I’ve already talked about most of my conditions — mainly atrial fibrilation — and received benefit for it: support, links, resources, others’ experiences.

So why not talk publicly about our health? Fear. We fear losing a job or not getting insurance or, with certain conditions, being stigmatized. That is what we should address. With universal insurance and laws to prevent discrimination on health, we’d have no need to fear. Stigma, I can’t do much about.

There are other benefits accruing if we talk publicly. The more we share experience and create data, the more doctors can learn about our conditions and perhaps what causes them. The more we support each other, the more helpful it is for each of us (see Patients Like Me).

Do I trust Google with my health information? Do I trust you? The key is to make sure that I have control over my data. Just as with Facebook, control is the issue.

: Just as I finished writing this, I see that Fred Wilson agrees. Note that his father and I have shared our afib experience and I found it very helpful.

Davos08: What happens in Davos stays in Davos?

Monday, January 28th, 2008

I continue to wonder whether off-the-record can work anymore.

At a closed Davos session, I witnessed a bizarre anti-American meltdown by a government official. It went on for sometime before I finally had it and called this person on it, saying that the rant was anti-American and that I was offended. I’m not telling you anything more — including what else I said — so as not to identify the official because the session was off the record, as I was firmly reminded by a WEF person and as the moderator reminded the room five seconds after the event (which is to say that they knew this was newsworthy). The rule is clear and I’m respecting it.

But the next day, the official’s outburst was the topic du jour among all the dozens of people at the meeting and they talked about it with more people. And all those people are powerful: journalists, media executives, business titans, government officials. So the off-the-record rule is no shield for a brain fart. The people who witnessed it could and very well may affect that official’s career.

The argument for making things off-the-record is that participants will feel freer to talk and to be candid. And that seems to make sense. But at a place like Davos, you’re still talking among people who can affect policy, business, brand, media, and careers. And they talk. Just because it’s not in the press or on blogs doesn’t mean such a lapse won’t have an impact.

Now add to this the live nature of media today. Someone could have broadcast that moment live or Twittered it as it happened. No one in that room did or likely would because we all want to be invited back to Davos. Yes, that motivates me to follow the rule. But at any other event that is supposed to be off the record, there is surely someone in the room who won’t care. And once it’s out online, it’s out.

All this is further confused because my own policy is that I am generally on the record — my life is an open blog — unless I label something, which I try to do to be clear and which usually involves someone else’s information or privacy I want to respect. This had an impact on a session I moderated, which fell under the off-the-record cloak. But I said I was on the record and at least one other person piped in and said she is always on as well. Then someone who didn’t pipe up got quoted on a blog (no big deal, by the way). So it’s hard to know who and what are off-the-record nowadays without a scorecard.

Life is simply becoming more public. And I don’t think that’s a bad thing.

Friends forever: The advantages of publicness

Wednesday, November 28th, 2007

I say it’s a good thing that our lives are becoming more public and permanent on the internet. It will keep us closer as people. It might make us more civil and more forgiving as a result.

While we tend to focus on the dangers of losing privacy, for a Guardian column I’m working on, I’d like to examine the benefits of living in public, of publicness.

* * *

Start with the idea that young people today need never lose track of their friends, as I have with most of mine. That’s not only because they will leave bits of themselves online that will be be searchable and findable via Google, but also because they will remain linked in ever-expanding social networks, like Facebook, that connect them to their friends’ friends back through their own histories online.

Like everyone today — come on, admit it — I have Googled old friends and girlfriends. But at my age, that’s frustrating, since so few of my contemporaries have left visible Google shadows. I’ve found nothing for my high-school and college friends. So in January, 2003, I blogged a post listing a few names, just in case they Googled themselves with ego searches and found my “Google call” to them. Then, some months ago, I got email out of nowhere from my high-school girlfriend, Marki, extolling the wonders of Google. So now, via email, we’ve been catching up by tiny increments for more years than we’ll admit. I asked Marki whether she’d found my Google call or my Google shadow. It was the latter; she hadn’t heard of ego searches and my shadow is, well, bigger than me by now: My life is an open blog. Regardless, I’m delighted to reconnect with her. With each of us on opposite coasts, far away from our Midwestern alma mater and both disinclined to return for reunions, we never would have been able to reconnect without Google. Even so, the odds of making the link were small; it took one of us having a Google life and the other seeking it. I know we’re better off for it.

But for today’s young people, this won’t be so hard. They are all Googleable. They will all have threads connecting them on Facebook and whatever follows. (Alloy says that 96 percent of teens and tweens use social networks; they are now universal.)

So what does that mean to them? First, I think it means that they will maintain friendships and other relationships longer in life. I didn’t. I moved to four schools in three states in both elementary and high school (no, my father got out of the military so we wouldn’t move but then went into sales and we moved). I think that nomadism may have actually helped me. Friends will think this is a punchline but in truth, I was shy and being the new kid eight times forced me to be able to talk to people. But as we moved, I lost touch with almost every friend I had and that is a loss. If I had what young people have today, I could have stayed in touch with many of them or at least been able to track them through life.

I think this will lead to not just longer but better, richer friendships and I hope that is good for the character and good for the society. You’ll know that you can’t just escape people when you move on; you are tied to your past. And you’ll be able to stay in touch and won’t have those awkward moments of trying to catch up on 30 years over a single cocktail or email.

But what about living our lives in public? Yes, it’s possible that they could do one stupid thing in life and it goes onto Google — Google is everybody’s permanent record — and they are humiliated forever. Yes, it’s possible. Google CEO Eric Schmidt jokingly suggests we should be able to change our names and start fresh at age 21.

But I think this will be a matter of mutually assured humiliation: We will all have our moments of youthful indiscretion and we will have to forgive others’ if we want them to ignore ours. I say that could even make us more tolerant. OK, so you inhaled. So did I. Had awful taste in music once? Me, too. Wrote blog posts we’ve regretted? Haven’t we all? Yes, even our politicians’ youthful foibles will be open to the world to see and isn’t it better that we see their fallibility and humanity before they get into office? Isn’t it healthier if they and we don’t pretend they’re anything more than just people and politicians? And isn’t it better for democracy if they are forced to be more transparent?

There are other benefits to living life in public. It pushes us into social acts, into connecting with other people, even in subtle ways. When Flickr began, cofounder Caterina Fake has said, they made the fateful and fortunate decision to “default to public,” to go against the presumption and precedent of all the earlier photo services that we would want our pictures to be private. By making them public and by tagging them, we could find others’ photos and other people with shared interests; we could even find friends. Del.icio.us made the same decision about defaulting to public and so our collective bookmarks and tags there yielded greater value together than they did apart; it enabled us to find more content like this and for content to be discovered by more people; it enabled us to — as David Weinberger has explained in his brilliant book, Everything is Miscellaneous — organize information. Publicness allows us to join up to do more together than we could alone.

You see, putting a photo on Flickr or a bookmark on Del.icio.us or a tag on this post so it (and I) can be found in Technorati — and certainly blogging — all become social acts. And encouraging social acts would seem to be a social good.

As I’ve pointed out here before, young people have a different view of privacy and publicness because they realize you can’t make connections with people unless you reveal something of ourself: You won’t find fellow skiers unless you tell the world that you, too ski. I couldn’t find advice and support from people about my heart condition without revealing that I had one. Privacy advocates, as they are so often called, would be appalled that I revealed the most private of my personal information: my health data. But public people will tell you that living in public brings its benefits.

As I’ve also written recently, I think that Facebook has made important refinements on the idea of publicness on the internet by requiring real identity — not the anonymity and pseudonymity that dominate so much of the internet; by enabling us to control that identity and how public it is; and by enabling us to control our communities. We don’t live entirely in public; we decide how public want to be; we control our friendships. As I was researching this post — yes, I do research them, occasionally — I looked up my college girlfriend, who is an academic (a real one, unlike me) and found a review of one of her articles that eloquently summarized this idea of identity and the “crucial liberties” to “represent one’s identity publicly” and to “have a protected private sphere.” That is just what I wanted to explore here. Google kismet. She also posited the liberty to “equal opportunity to influence future generations.” That is about the purpose of living in public: the public as the political. You can’t change the world unless you’re willing to reveal how you think that should be done.

The issue isn’t so much privacy but, as Doc Searls has been writing, it is control of our identities and our data. Publicness is good so long as we decide how public we want to be.

* * *

So look at the benefits of publicness: We can maintain richer friendships longer. We may be more careful to act civilly in public. We may become more forgiving of others’ lapses of civility and sense in the hopes that they will forgive ours: the golden rule of the social life online, I hope. We can make connections with people with shared interests and needs. We act more socially. We find we can do more together than apart. We invest in and protect our identities and communities. We organize and act collaboratively to improve this world. Yes, there are risks to publicness and to losing privacy. But the benefits of life in the public are great. That is what my private peers do not realize but what the young public understands in their souls.

How personal should a blog be?

Saturday, November 17th, 2007

I apologize, blog friends, for having been silent since Wednesday night, when our family lost my brother-in-law, Steven Westmark, to a sudden and tragic heart attack.

I almost turned off the comments on this post, which may seem rather odd. But I know that you all would offer my family condolences, and if you do so in the comments and emails, I’ll feel guilty not responding to each of you with thanks. Your sympathies are assumed and accepted as are my thanks in return. But that’s not why I’m writing this post.

What has puzzled me these last few days is what I should or should not write about this and how personal this blog or any blog really is.

I often tell people that the best blog posts come when you see, read, hear, experience, or decide something and think, ‘I should tell my friends about that.’ Your friends, of course, are your readers.

There were many such moments in the last week. If this were fully personal, I’d be chronicling our debate about whether to be angry at God or kill him; the impressive maturity I’ve seen emerge from young people in the midst of trauma; the social and manipulative business of funerals; and even the media story of charging the bereaved $400 to share their news and grief (where is the craigslist of obituaries? perhaps it should be craigslist).

But I’m not doing any of that because it would, I believe, be an intrusion on my family’s privacy. I’m not doing it for their sake.

But for my sake? My life is an open blog. Sharing these moments and the context they give to other thoughts is what I do now. It is reflex. Or that’s what I’ve discovered in this time.

This isn’t unlike my days as a columnist in San Francisco in the late ’70s. I constantly had the column on my mind and when I saw or thought something column-worthy, I’d store it away like a nut in a tree until I could publish it. But that was more opportunistic. That was about filling a space six days a week. That made experiences a commodity to be exploited.

A blog is different. Pardon me for restating the overstated, but it’s a conversation, a conversation among friends. It’s different from publishing. And, of course, it’s personal: one person talking among others. And so privacy has a different impact. That’s a lesson young people teach us often these days in their attitudes toward privacy online: In this conversation, you can’t get something in return if you don’t give something of yourself. And in this case, I don’t mean the return of condolences. I mean the return of experiences and ideas and viewpoints. I can’t get those from you, which I value, if I don’t give something myself first: my experiences, my thoughts, and the context for them. It’s personal, a blog.

Sometime later, I may well have that conversation about killing God. And I think I will contemplate the impact of someone disrupting the obit market. But not now.

Now I’ll just say that personally, I miss Steve greatly. He was a magnificent uncle to my children. No one in our family understood kids like he did; there’s a special smile only he could bring to their faces. He was a wonderful brother to my wife and a generous brother-in-law to me. He was a great husband, father, brother, and son. Steve was a devoted Deadhead, a talented builder, great fun, one of a kind.

The public life

Wednesday, June 27th, 2007

The irony is so thick you could spread it on a bagel: In Today’s Times, Tom Friedman writes about living our lives in public thanks to the bloggers, vloggers, and podcasters who can watch our any, if not every, move and tell the world about it. Of course, the column itself is not in the public. It’s behind the wall. Anyway, Friedman tells a story he told at the Personal Democracy Forum (columnists, like bloggers, are good recyclers):

Three years ago, I was catching a plane at Boston’s Logan airport and went to buy some magazines for the flight. As I approached the cash register, a woman coming from another direction got there just behind me — I thought. But when I put my money down to pay, the woman said in a very loud voice: “Excuse me! I was here first!” And then she fixed me with a piercing stare that said: “I know who you are.” I said I was very sorry, even though I was clearly there first.

If that happened today, I would have had a very different reaction. I would have said: “Miss, I’m so sorry. I am entirely in the wrong. Please, go ahead. And can I buy your magazines for you? May I buy your lunch? Can I shine your shoes?”

Why? Because I’d be thinking there is some chance this woman has a blog or a camera in her cellphone and could, if she so chose, tell the whole world about our encounter — entirely from her perspective — and my utterly rude, boorish, arrogant, thinks-he-can-butt-in-line behavior. Yikes! . . .

For young people, writes [Dov] Seidman, this means understanding that your reputation in life is going to get set in stone so much earlier. More and more of what you say or do or write will end up as a digital fingerprint that never gets erased. Our generation got to screw up and none of those screw-ups appeared on our first job résumés, which we got to write. For this generation, much of what they say, do or write will be preserved online forever. Before employers even read their résumés, they’ll Google them.

“The persistence of memory in electronic form makes second chances harder to come by,” writes Seidman. “In the information age, life has no chapters or closets; you can leave nothing behind, and you have nowhere to hide your skeletons. Your past is your present.” So the only way to get ahead in life will be by getting your “hows” right.

I’m going at this from a different perspective in a post I’ll be putting up soon about the positive aspects of living life in public.

Losing control of media

Thursday, April 19th, 2007

NBC News says they will not make the videos from the Virginia mass murderer fully public and this morning on Today, Matt Lauer promised that they would not constantly loop them on the air. NBC News President Steve Capus just said on the air that “it’s so twisted” and “there’s no way to watch it without being extremely disturbed.” There’s a debate going on in blogs about whether the tapes should be released online. Dave Winer and Doc Searls say that the video should be released: “It’s 2007,” says Dave, “and it’s a decentralized world. We should all get a chance to see what’s on those videos.” But Micah Sifry says the father in him doesn’t want his kids discovering this on the internet.

As a father, I understand Micah’s wish. But that horse is out of that barn. This is related to yesterday’s discussion about news coming from witnesses, live, to the internet without the opportunity to filter it.

The essential infrastructure of news and media has changed forever: There is no control point anymore. When anyone and everyone — witnesses, criminals, victims, commenters, officials, and journalists — can publish and broadcast as events happen, there is no longer any guarantee that news and society itself can be filtered, packaged, edited, sanitized, polished, secured.

Like it or not, that’s the way it is. But before we start wringing our hands over the unique, one-in-a-billion exception to all rules — the mass murderer with a camera — let’s make sure we remember that this openness is a great and good change. It enables us all have a voice and to hear new voices.

And let’s not presume that we all need NBC or anyone to protect us from life as it is. But we do need to make sure to educate our children to be media-wise in a new media world. They will need to judge who the bad people are in life just as they will online. They need to understand that media is no longer a pasteurized and packaged version of life but life itself, witih all its benefits and dangers.

And though I don’t want to watch the murderer’s videos myself, I do think there may be a benefit to these tapes being out there: The guy was clearly insane and dangerous and what’s most shocking about this story is that people around him knew it and tried to both get him help and stop him from doing something dangerous and yet our laws even prevented his parents from being notified because of overzealous laws governing privacy. Perhaps this will motivate us to change those laws and our attitude about insanity and its dangers. That may be an advantage of the public life.

This is not an easy transition. It challenges so many assumptions we have about a controlled media. Some of us celebrate the loss of control but others fear that loss.

Cookie monsters

Tuesday, August 15th, 2006

I feared this: When AOL fucked up — is there any other word for it? — and released what turned out to be personally identifiable information with its data base of search results, I was afraid that the next thing we’d see would be a story once again raising the spectre of privacy with ad cookies. Here’s one. I’m a strong defender of ad cookies because without them and the targeting and efficiency they enable, advertisers would advertise less or pay less or both on the internet, pulling the rug and big out money out from under our beloved new world. And we’d all be getting crappier ads with dancing monkeys. Cookies are good. Search is good. But sometimes, an idiot does something stupid that ruins a good thing. AOL is just such an idiot.

: Fred Wilson’s take here.

Yes companies need to have privacy policies. And yes they need to adhere to them. And yes, they shouldn’t be making public people’s search queries. And yes, consumers should be able to easily opt out of these targeting approaches.
But cookies and stored search queries are good things. They make it possible for web services to deliver relevancy in advertising, something no other media has been able to deliver efficiently and reliably.

The reality is that these targeting approaches, whether they be searched based, behavioral, contextual, or whatever is next, are giving us more relevant ads.

The data fight

Saturday, May 13th, 2006

The issues in the fight over telephone companies releasing data to the NSA aren’t so simple as they are being reported and spun under the dark cloud of privacy violation.

From what we know, data was released to the NSA so it could be analyzed to find patterns and thus to find anomalies that might lead to suspect communication and suspects, in turn. In other words, you can’t tell what’s abnormal until you define normal and we define normal.

If, in fact, it is aggregate data they are using to discover those exceptions, then we need to ask a new question that isn’t really being addressed in the networked world: Who owns the wisdom of the crowd? If the people own it, then one could argue that the government, acting as the people, may seek and use that data unless we, the people, forbid it through law. There is, of course, a proper debate about whether the law does allow it. There is also a proper debate over whether this is a necessary and prudent weapon in finding terrorists (and whether that is being done effectively). Indeed, a Washington Post poll says that 63 percent of Americans consider this an “acceptable way for the federal government to investigate terrorism.” And didn’t we protest that our government did not do a good enough job analyzing data and intelligence to prevent 9/11? If someone had been analyzing patterns of enrollment in flight schools — hmm, why are an abnormally high number of Saudis suddenly learning how to fly passenger jets? — then could we have stopped them? A further question is whether we have a right to know that all this is going on or whether that public knowledge cripples this investigation and our safety. Finally, it is not clear that releasing aggregate data necessarily violates individuals’ privacy. My point is that this isn’t as simple as raising the tattered-from-overuse privacy flag. Neither is this as simple as raising the also tattered war-on-terrorism flag.

This is about a new asset that is created in the networked world — the aggregate knowledge generated by our aggregate behavior — and who has a right to that.

This is certainly not new, only more efficient. Insurance companies have long used our health and mortality data in aggregate to set rates. Marketers use our aggregate data to adjust products and ad campaigns. Google uses our aggregate data to improve its search engine. So Google owns, analyzes, and exploits the data we create through our actions. In the case of the kiddie porn investigation, Google tried to refuse to hand over random aggregate data about our searches to the government; other search engines complied. The same thing occurred in the NSA case; some phone companies complied and Qwest did not.

The bottom line is that there isn’t yet a bottom line: The law and ethics around aggregate data are not clear.

See also this New York Daily News editorial:

Well, here we go again with the horrified screams from the crowd that’s inclined to believe the big bad government is peeping through every keyhole and recording every streetcorner chat about whether or not it looks like rain.

Revelations that the National Security Agency has been collecting a database of every telephone call in America – numbers dialed, that is, not conversations parsed – happen to come as British probers report that July’s London transit bombings might have been prevented if only security forces had been aware that one of the bombers regularly called Pakistan in the days before the blasts.

No, it’s no crime to call Pakistan. But when the call is part of a pattern that suggests a security risk, this is worth red-flagging and perhaps eavesdropping on – with a warrant and court supervision, as all right up to the commander in chief agree would be necessary.

Anyway, the idea that phone companies have been turning over raw logs to the NSA somehow doesn’t strike us as all that revelatory. Of course they have been, and they have been doing it legally. If the purpose is synthesizing data, then certainly the NSA would be keeping a database from which to synthesize. And where did you think the NSA was going to go to collect log data? …

: See also this Washington Post story on the privacy buggabuzzword:

“I wish I could say I was bothered by it but I’m not,” said Jacques Domenge, a 28-year-old Potomac man who visited a Cingular Wireless store in Rockville yesterday to replace a stolen phone.

“If it’s only done to protect people and find patterns that help the government find terrorists — I don’t think it will work, by the way, but let’s say it will — then I am all for it,” he said, adding that he had no problems with Cingular — or any other phone company — turning over records.

According to a Washington Post-ABC News poll released yesterday, 63 percent of Americans said they found the NSA program to be an acceptable way to investigate terrorism, including 44 percent who strongly endorsed the effort. Another 35 percent said the program was unacceptable, including 24 percent who strongly objected to it.

“The value of fighting terrorism, in a lot of our research, seems to be more important to the public than what they perceive as violations of their privacy — so far,” said Frank Newport, editor in chief of the Gallup Poll and vice president of the Gallup Organization in Princeton, N.J.

Newport said views of the NSA program — which was disclosed on Thursday by USA Today — should be viewed in the broader context of Americans grappling with more and more of their personal data being collected and analyzed by businesses. “When we ask what’s the most important problem facing the country, we don’t see any signs that privacy is beginning to percolate up,” he said.

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