Computers, Privacy & the Constitution

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NicolaiNuberFirstPaper 3 - 10 May 2018 - Main.EbenMoglen
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
 

Private-Public Partnership

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Introduction

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As a citizen of a country that is based on a constitutional democracy, which acknowledges an inalienable right to privacy, one would expect that respective government to protect its citizens from cyber-attacks and illegal surveillance. However, the latest after Snowden’s revelations we know that reality looks different. Since governments themselves may initiate and/or become targets of cyber-attacks, individuals can’t solely rely on governments to ensure their constitutionally mandated protective function. With the knowledge gained thanks to Snowden, we can change our behavior accordingly - at least theoretically. By we, I mean each and every one of us. I say theoretically because society is distracted easily and technological knowledge and abilities are often lacking. Be that as it may, at least we now know about the occurrence and the scale of government surveillance. What society generally doesn’t appreciate though, is the role the big data economy plays as a facilitator (voluntarily or not) of privacy attacks inflicted upon us. And these private companies are typically not subject to constitutional notions of privacy but rather possess wide discretion to use our data as set forth in their terms of use.
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As a citizen of a country that is based on a constitutional democracy, which acknowledges an inalienable right to privacy, one would expect that respective government to protect its citizens from cyber-attacks and illegal surveillance. However, the latest after Snowden’s revelations we know that reality looks different. Since governments themselves may initiate and/or become targets of cyber-attacks, individuals can’t solely rely on governments to ensure their constitutionally mandated protective function.

Why does that lead to the conclusion that government will not attempt to prevent cyber attack? Governments are more involved in protecting digital "infrastructure" from foreign attack during what should be peacetime than they are in protecting most societal infrastructure. They may be less reliable than citizens perceive in limiting the efforts of their own listeners, and less effective than they and their citizens would like against the most powerful outsiders, but I'm not aware of any evidence that governments with money to spend are less motivated in these matters than they used to be. What's the evidence?

With the knowledge gained thanks to Snowden, we can change our behavior accordingly - at least theoretically. By we, I mean each and every one of us. I say theoretically because society is distracted easily and technological knowledge and abilities are often lacking. Be that as it may, at least we now know about the occurrence and the scale of government surveillance. What society generally doesn’t appreciate though, is the role the big data economy plays as a facilitator (voluntarily or not) of privacy attacks inflicted upon us.

Evidence? Most of the public opinion research I see suggests that educated users of the Net in many countries think private surveillance is a bigger problem than government listening. What can you point to that leads to the opposite conclusion?

And these private companies are typically not subject to constitutional notions of privacy but rather possess wide discretion to use our data as set forth in their terms of use.

 
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The Net and the Private-Public Convergence

The internet is as a system without clear country borders and where private and public sectors converge. This means that we live in a world where big data companies might become (voluntary or involuntary through e.g. decryption backdoors) henchmen of governments. If mandated for the wrong reasons, the government’s availment of big data companies isn’t much different morally than the 18th century-style issuance of general warrants. What is very different in the digital age though is the scale, speed and simplicity with which a disagreeable individual can be traced and manipulated. Even more severe are the potential chilling effects the technological possibilities in the digital age imply to a society as a whole (see Xinjiang): The big data surveillance is not merely about the data collection of individuals but about the study of contextual and collective human behavior. Other reasons for concern are the sometimes opaque motives of big data companies themselves, let alone the difficulty for consumers to know with certainty the implications of all the data they give away for free. These technological possibilities and the shamelessness with which certain political proposals treat privacy issues (such as the Feinstein-Burr decryption bill) should have all of us concerned. The technological possibilities spur politician’s Benthamian-kind utilitarian hopes and, if misappropriated, could end-up in (maybe still science-fiction-like seeming) realities as described in Yuval Noah Harari’s Homo Deus or Frederick B. Skinner’s Walden Two.
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Barrhus Frederic—known universally as BF—Skinner, actually. It would have been better to check.

What are the names being dropped for? I don't associate Dianne Feinstein with Jeremy Bentham much. Is this the Panopticon Bentham? Not really a model for thinking about the national security state, nor an explanation of why the senior Democrat and Republican on the Senate Intelligence Committee would take the political positions these senators are predictably taking (again). They're not visionaries imagining some changed form of human society. They're political supporters of the intelligence community whose influence depends on relationship.

 
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The technology description in the last section is not accurate: it's got the usual hype-ful misunderstanding of blockchain storage. If we're going to recommend teaching people more about privacy, we should start nearer to the bottom, so that we don't get caught hyping what we don't fully understand. The best improvement here would be to explain how people learn about privacy technology, so we can think about how to teach them, rather than pointing at some shiny things that may not turn out to be exactly as we imagine them. On the regulatory side, assuming that law is what it says in the books is not a safe assumption. GDPR is what data protection authorities do, so it would be useful to explain the model of their behavior that leads to any specific prediction of the real meaning of the system.

 
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Revision 3r3 - 10 May 2018 - 21:28:06 - EbenMoglen
Revision 2r2 - 01 May 2018 - 13:29:40 - NicolaiNuber
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