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The Age of Technological Transparency

endychavez writes "Executives and politicians may be starting to realize that privacy is dead and secrets can no longer be kept in the information age. There is always a technological trail, and transparency is pervasive. Just ask Patricia Dunn and Mark Foley. In a piece at eWeek, Ed Cone from CIO Insight talks about the specific technologies that brought them down." From the article: "Foley may have thought his IMs were disappearing into the ether as soon as they cleared his computer screen. Instead, the messages were saved, and his career was ruined, and the House leadership is left to fight for survival. We talk a lot a about transparency as a virtue in the age of the web, and hold it up as a marketing technique and a better way to run an enterprise. Sun's blogging CEO, Jonathan Schwartz, is lobbying the SEC to allow more financial information to be disclosed online. Corporations are using all manner of web-techs to speak more directly to stakeholders. But transparency needs to be understood as more than a slogan or a strategy. It's a reality. It can be imposed on you by the Internet, whether you want to be transparent or not."

31 of 173 comments (clear)

  1. Privacy is a myth by Marxist+Hacker+42 · · Score: 4, Informative

    There is no guarantee of privacy anywhere in the Constitution- only a requirement that the evidence gathered can't be used against you in court.

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    1. Re:Privacy is a myth by Anonymous Coward · · Score: 4, Informative

      That is incorrect.

      The Bill of Rights is explicitly written to define government invasions of privacy illegal (mainly in the Fourth Amendment).

      It says nothing about being "used against you in court." This is merely the means courts employ to limit, in practice, the abuse of such illegally collected information. Nonetheless, it is the unreasonable search and seizure itself which is Constitutionally forbidden.

    2. Re:Privacy is a myth by Irish_Samurai · · Score: 3, Insightful

      While I am all for privacy rights, I must ask the question. Are we entering an age where unreasonable Search and Seizure isn't required anymore to commit acts that the population perceives as an invasion of their privacy? Is it now possible for passive and non intrusive observation to yeild the same results? If so, do we need to define our privacy or attempt to limit passive observation?

    3. Re:Privacy is a myth by thefirelane · · Score: 2, Insightful

      There is no guarantee of privacy anywhere in the Constitution- only a requirement that the evidence gathered can't be used against you in court.

      Only on /. would something this dumb be said. The constitution is not a computer program: "gee, you're right... you don't actually have a right to air"

      So you're telling me the MLK's rights were not violated when the FBI threatened him with the release of his personal activities if he didn't do what the government said? Please.

    4. Re:Privacy is a myth by TheRaven64 · · Score: 2, Informative

      Now, it's been six or seven years since I last read the US Constitution (I'm British, so it doesn't directly affect me), but I seem to recall that the Bill of Rights made it very clear that it was not an enumeration of all rights that individuals had. If I remember history correctly, there was some dispute amongst the founding fathers as to whether it should be included at all, since people might start saying 'the Bill of Rights doesn't guarantee your right to X, so you don't have that right.'

      --
      I am TheRaven on Soylent News
    5. Re:Privacy is a myth by Zenaku · · Score: 2, Insightful
      God damn right. Why is it that the Brits understand our Constitution better than most Americans? The bill of rights is NOT an exhaustive enumeration of all rights, and a right can exist without being listed there. The bill of rights is merely a list of those rights the founding father's were specifically concerned enough to protect with a written "guarantee." (In quotes because it seems they no longer apply).

      I'm getting tired of hearing "there is no such right" because the constitution doesn't specifically call it out. It doesn't have to.

      Please note that nowhere in the Bill of Rights are you guaranteed the right not to be murdered, or the right to bear children, or the right to learn to read. That doesn't mean you don't have those rights.

      --
      If fate makes you a motorcycle, you become a motorcycle.
    6. Re:Privacy is a myth by jfengel · · Score: 3, Informative

      There's an explicit statement that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." (the tenth amendment).

      Unfortunately, that's been rendered effectively null by a vigorous reading of the Commerce Clause, "The Congress shall have Power ... to regulate Commerce ... among the several States". (Ellipses are for clarity, not to torture the syntax.)

      Just about everything has been crammed into that. The original civil rights laws were justified on the idea that merchants have to sell you stuff no matter what your race because you might be from out of state (Heart of Atlanta Motel, Inc. v. United States et al. (1964)). California's in-state medical marijuana laws were overturned because legal marijuana, even in-state, affects the flow of marijuana elsewhere (marijuana being a fungible commodity).

      So you can pretty much stick a fork in the idea that the 10th Amendment reserves you any rights that Congress can't take away. There are other places where you might derive a right to privacy (say, Amendment IV, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated"), but Amendment X won't help.

    7. Re:Privacy is a myth by Homology · · Score: 2, Informative

      > So you can pretty much stick a fork in the idea that the 10th Amendment reserves you any rights that Congress can't take away.

      Exactly, it was proved once again when Military Commissions Act 2006 was passed: rollback habeas corpus, use torture, and provide immunity for US officials from torture prosecution.

    8. Re:Privacy is a myth by jfengel · · Score: 2, Insightful

      That's correct: al Qaeda members have done things that put them outside of the protections of the Geneva Conventions.

      However, although that's true of al Qaeda in general, there is currently no way to appeal a claim that one is not a member of al Qaeda. Wearing civilian clothes is in fact a terrible crime in a terrorist, since it puts civilians at risk, but it's something that civilians do all the time.

      Under the current interpretations, the mere accusation that one is a terrorist is enough to put one forever beyond the possibility of release. There is no court to whom you can appeal your innocence. Making it legal for the US government to put you away forever, merely on somebody's say-so, is a very dangerous legal precedent, whether the Geneva Convention applies or not.

  2. Filtering by TheRecklessWanderer · · Score: 5, Insightful

    Anything that catches stupid people is good. I used to tell people years ago, when I ran a computer store: "Don't put anything on the internet that you wouldn't be comfortable shouting across a crowded room." How hard is that to understand? If you can't figure that out, you have no business running a huge conglomerate like HP. Man, oh man.

    --
    Mean what you say...say what you mean.
    1. Re:Filtering by vertinox · · Score: 2, Interesting

      "Don't put anything on the internet that you wouldn't be comfortable shouting across a crowded room."

      The problem with this is that companies are taking my information without consent and shouting it all day long over the PA system and bullhorns at a croweded Football stadium.

      Most of this information I never put up on the internet myself... It wouldn't bother me other than the fact someone can take it and run my credit score into the ground and/or possibly get me arrested for things I didn't do.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
  3. Lessons Learned? by Kadin2048 · · Score: 4, Funny

    There's a certain amount of irony in that the issue which gets the folks in Congress interested in technology, is watching one of their own get busted because he didn't understand that what he was sending over the "tubes" could be saved at either end.

    I guess if you can't convince them that "knowledge is power," maybe we should work on "knowledge is not getting indicted."

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Lessons Learned? by wickedsteve · · Score: 3, Funny

      So those tubes are transperant tubes, eh?

  4. Oh Crap by Anonymous Coward · · Score: 3, Funny

    Does this mean all those chat room transcripts where I posed as an eighteen year-old 5'4" 110lb blonde cheerleader on AOL back in 1995 are still out there somewhere. . .?

    1. Re:Oh Crap by Aqua_boy17 · · Score: 3, Funny

      That...was you???

      --
      What if the Hokey Pokey really is what it's all about?
  5. Electronic trail by PIPBoy3000 · · Score: 2, Interesting

    It's been happening for quite awhile. Nearly ten years ago, I had the displeasure of dealing with someone within our organization that was exploiting security holes to gain more access than they should have had. Once we were on to them, we were deluged with evidence - weblogs, files on the PC, program history, and more.

    The moral of the story is stay squeaky clean, or assume that some day you'll have to pay the piper. Your wife could be looking at your browser history. Your e-mail could be hacked. Live life as if all your secrets were public knowlege.

    It's strange to think that technology really could lead to a more moral society. Usually politicians are preaching the opposite.

    1. Re:Electronic trail by Knuckles · · Score: 2, Funny

      I'm just not interested in discussing how those pants make her butt look

      So you have a website about you wife's butt? You were talking about your browser history ...

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
  6. I believe it is more complicated than you make it. by rolfwind · · Score: 5, Informative

    http://www.law.umkc.edu/faculty/projects/ftrials/c onlaw/rightofprivacy.html

    It starts off:

    "The U. S. Constitution contains no express right to privacy. The Bill of Rights, however, reflects the concern of James Madison and other framers for protecting specific aspects of privacy, such as the privacy of beliefs (1st Amendment), privacy of the home against demands that it be used to house soldiers (3rd Amendment), privacy of the person and possessions as against unreasonable searches (4th Amendment), and the 5th Amendment's privilege against self-incrimination, which provides protection for the privacy of personal information. In addition, the Ninth Amendment states that the "enumeration of certain rights" in the Bill of Rights "shall not be construed to deny or disparage other rights retained by the people." The meaning of......"

  7. Ninth Amendment: "I don't get no respect." by Kadin2048 · · Score: 4, Interesting

    This is a good point.

    I think what it boils down to is this: the Constitution isn't an exclusive document. It wasn't intended to mean, "everything is illegal, except for a few certain things." They enumerated the really big important stuff that they thought the Government needed to avoid, but they weren't giving Congress a carte blanche to trample on the other rights that people had always assumed that they had.

    Unfortunately, the Ninth Amendment doesn't seem to get a whole lot of respect from the USSC or anybody else. It pretty much gets ignored; rather than drawing on the "pneumbra" and other IMO shaky legal arguments, I think it would have safe to just say 'hey, people have always had a certain right to privacy, therefore it's protected under the Ninth Amendment.' That makes it harder to chisel away at established freedoms, even if they weren't one of the top eight that made it into enumerated Amendments, or into the body of the Constitution itself.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Ninth Amendment: "I don't get no respect." by Pentavirate · · Score: 2, Insightful
      Perhaps the framers of the U.S. constitution should have used the approach of the British, namely: Rather than enumerating your rights, everything is considered legal except for when a law makes something illegal.
      They did. The bill of rights was merely a list of rights that the founders deemed so important that even the government couldn't make them illegal.

      You have to be careful with the attitude that we have rights that aren't innumerated in the constitution because pragmatically anyone can misconstrue anything into a right (ie, I have a right to kill my kids because, as my father used to say, "I brought you into this world and I can take you out!"). The vehicle that was supposed to prevent congress from making laws against rights was voting them out of office. If a majority of people want everyone to have a right to a certain amount of privacy, than they shouldn't vote for people that would vote for those kinds of laws. Now you can argue how effective this vehicle is, but it doesn't change how the system was set up to work.
  8. The pretext is nonsense. by Jerk+City+Troll · · Score: 4, Insightful

    ... [S]ecrets can no longer be kept in the information age. There is always a technological trail, and transparency is pervasive.

    That is silly.

    Such a statement is analogous to declaring security dead because systems have been compromised in the past. Like security, the means to privacy must and are continuing to evolve. Adoption of these mechanisms may be a bit behind the curve, but that in no way means that privacy is “dead” for anyone or everyone. In the past, rotational cyphers, Enigma, and “security envelopes” were enough to keep your messages secure (for a while). These days, we have incredibly powerful tools for keeping our data private, we simply have to be willing to use them.

    And that is happening. Who does not use strong encryption for conducting electronic commerce? Nobody. As for privacy in email and other forms of communication, eventually, after enough scandals like those recently at Hewlett-Packard, people will adapt to protect themselves. Then the baseline will be raised and those who would wish to violate privacy will resume efforts in advancing the sophistication of their tools. Then those on the privacy side will move on again. This cycle will repeat again and again.

    Privacy is an arms race, in a manner of speaking, and just because privacy is behind at times in no way means that it is a lost cause.

  9. Secrecy isn't dead. by Darlantan · · Score: 2, Insightful

    Secrecy is no more dead than it has been for a long while. There are some people who just don't seem to understand the medium. Sending messages across the internet is not like passing a letter to a person across the table from you. It's more like passing a letter along through a chain of 20 people -- any of which can read it as they handle it. You don't send secret things that way, or if you do, there's this little thing called encryption that you might want to look into. Also, much like a letter, once it is out of your hands you can't gaurantee that it won't come up at some later time when you least want it to. Also, are you _sure_ you can trust the person you're communicating with? Can you even verify that you're talking with who you think you're talking to?

    The same basic rules of secrecy that have always applied still apply today. First and foremost, if you want to keep something REALLY secret, keep it to yourself!

    Privacy, however, is a different matter.

    --
    Fill in your four or five-letter word of wisdom here _ _ _ _ _.
  10. The chickens have returned home to roost by Travoltus · · Score: 2, Funny

    The Republicans have spent so much time destroying our privacy and installing their surveillance state and now they have fallen victim to their own monster.

    I suspect they will be huge champions of privacy after this.

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
    1. Re:The chickens have returned home to roost by advocate_one · · Score: 2, Funny
      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  11. And no one is concerned? by vinnythenose · · Score: 2, Informative

    Having evidence on your hard drive these days is pretty much a guarantee of guilt. However, people seem to forget that should someone want to, it is relatively easy to plant information.

    You ever piss off a pscyhopathic computer geek and you're screwed.

    You'll turn on your computer one day to find illicit files all over the hard drive with timestamps ranging back through history. It'll look like you've been collecting whatever it is for months.

    Or hell, someone doesn't like you, they forge their log files on their computer and claim you were sending nasty IM stuff, when the authorities don't see the matching logs on your computer, they will just assume that you cleared them out to protect yourself.

    Yup, those timestamps are obviously immutable written in stone and never lie.

    --
    --- I used to moderate, then I read the -1 articles and decided having to filter through them was not worth it.
  12. When will they learn...? by filesiteguy · · Score: 2, Interesting

    You know, first it was some Chinese emporer trying to burn the bamboo parchment, then it was Nixon trying to erase tapes (remember those?) from his private discussions. Then it is Ley trying to shred documents and emails. Now it is congressman trying to hide behind the idea that the net is fleeting.

    My guess is that in fifty or so years, some senator will be brought down not knowing the two way VOIP product was archiving everything at some central server.

    Maybe he should have talked to Senator Gore, who invented the thing. He'd know where all the super sekret filez are kept.

  13. Who says transparency is a virtue? by Anonymous+Brave+Guy · · Score: 4, Insightful

    We talk a lot a about transparency as a virtue in the age of the web

    Speak for yourself.

    Personally, I'm not at all convinced. I value my own privacy. Perhaps more objectively, I recognise that no-one is perfect, and if you dig hard enough you can turn up dirt on anyone. I also recognise that most people in the world are basically good, decent people, and I would prefer to respect a reasonable level of privacy and live in a world where we saw the good in people. You can't do that in a world where everyone's whole life story is computerised, often against their will and without their knowledge, and the media delight in data mining on anyone of any conceivable interest (or at least, worth a few more sales).

    Now, governments on the other hand, they should have no right to privacy; on the contrary, IMHO they should be required to justify any attempt to withhold information from the public to an independent authority. Businesses should also be subject to much stricter openness requirements than individuals.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  14. Re:Bad example using Foley by wdhowellsr · · Score: 2, Interesting

    Now it turns out the IMs might have been a prank by the page involved. He has lawyered up with Timonthy McVeigh's old lawyer (which can't be good considering McVeigh was executed) and was supposedly goaded into creating the fake IM's. That is the scarier problem since emails and IM's or almost any computer information can be faked, time-stamped and passed off as real by anyone reading this post. I don't think we have seen the last of the dirty tricks on either side of the aisle. It's funny, I always thought fake photos and videos would be the bane of the Criminal Justice system, it turns out it fake data files.

  15. The Hobgoblin of My Little Mind by XLawyer · · Score: 2, Insightful

    How to be consistent? One man's treasured "transparency" is another's outrageous "death of privacy". Certainly no technical distinction exists between my IMs, your IMs, and Foley's IMs. Nor is there a technical distinction between the way Foley's secrets were exposed and the way anyone else's could be exposed.

  16. To illustrate your point by megaditto · · Score: 2, Funny

    I regret to say that we of the FBI are powerless to act in the cases of oral-genital intimacy unless it has in some way obstructed the interstate commerce.

    J. Edgar Hoover

    --
    Obama likes poor people so much, he wants to make more of them.
  17. Recommendation: Deniable Encryption by arodland · · Score: 4, Informative

    Use a tool such as Off-the-Record Messaging. You get authentication to protect you against man-in-the-middle attacks, strong encryption, and a clever scheme that makes it so that if someone does manage to break a key and read a conversation, or if one of the parties to the conversation snitches, it still can't be proven that you've said anything in particular; the key material for authentication is published after the fact, so that while it's valid at the time you're having the conversation, afterwards anyone could forge a message that would pass authentication. So if someone comes out and says that you said X, and that they have logs and packet dumps to prove it, you can "prove" that you actually said Y, and that you have logs and packet dumps to prove it, and from a mathematical perspective both of your claims are equally credible -- either or both of you could be presenting a forgery. Fun!