Understanding Privacy
privacyprof writes "Slashdot readers familiar with Professor Daniel J. Solove's essay, 'I've Got Nothing to Hide and Other Misunderstandings of Privacy,' might be interested in his new book, Understanding Privacy, which develops many of the ideas in that essay. As rapidly changing technology makes information increasingly available, there has been a great struggle to define privacy, with many conceding that the task is virtually impossible. The book argues there are multiple forms of privacy, related to one another by 'family resemblances.' It explains the framework for understanding privacy which was briefly discussed in the 'Nothing to Hide' essay. The book covers the framework in greater depth and explores how it applies to a wide array of privacy issues, such as data mining, surveillance, data security, and consumer privacy. Chapter 1 is available for free download."
Personally, I think the idea that privacy is difficult to comprehend is overblown. Privacy is not at all difficult to define, understand, or to properly address in either the social or political sense.
Privacy is defined by the set of social boundaries dealing with information in any one society that we are expected not to cross. How well you respect privacy is essentially whether you elect to cross those boundaries against those expectations.
Here is my essay on privacy; see if reading it doesn't nail the issue for you in very short order.
There is literally no need to invoke "multiple kinds" or "family resemblances", to mistake the hardening of a boundary (increasing difficulty of access) or the softening of it (as in data becoming easier to get to) for the idea that there actually is one, or to imagine that digital data is somehow qualitatively different than a letter. That's just making a ridiculous mess out of things that weren't all that complicated to begin with.
Further, it isn't that there has been a "great struggle" to define privacy in a practical sense; any reasonably intelligent citizen knows perfectly well what it is, and they know when it has been violated, too. The problem is that the government (in the USA, at least) has found it to its great advantage to ignore privacy at every level it can; and that we are nearly powerless to do anything about it. That's what is causing all the fuss, and deservedly so.
I've fallen off your lawn, and I can't get up.
*Everyone* has something they'd like to keep hidden. Can I watch you have sex with your spouse, or read your bank statement? Can I have your exact height and weight, and maybe get a glance at your mental health records? Do you mind if I videotape your grandfather's funeral? Got any love letters left over from Junior High I can read?
don't be silly it was privacy or fighting terrorism.
..and thus the steady erosion marches on...
after all, who wants privacy if you cannot be safe to enjoy it?
Privacy is stupid western notion designed to facilitate structures of imperialism and expolitation of working class.
Here in People's Republic of China we have no need for foolish notions of privacy instead rely on working harmoniously to further state socialism and filial piety for the betterment of self and others. All do our part to insure proper information flow to authorities for preservation of law and order. In America terrorists roam free and destroy buildings but in People's Republic of China all terrorists are swiftly eliminated from social stream by all workers contributing together for cause of justice.
This is why stupid fat Americans are bankrupted by gasoline bills and mortgages while here in People's Republic of China we move forward together into the greater future. No wonder capitalist countries lose wars while terrorist groups never attack People's Republic of China for fear of all citizens working as one to extract atomic socialist retribution.
Agreed that the majority of people understand privacy, though not all (mentally challenged, etc.).
Disagree on the US government. Frankly, the type of data the US Government works with is mostly public knowledge anyway. I do not see the major infringement on privacy from the US Government. I see other terrible failures wrt individual rights (i.e. Bush's disregard for Habeus Corpus), but privacy seems a minor one.
Religion and politics, without the flame. godgab.org
Property privacy:
"No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."
Property Privacy Rights, part two:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Just something to think about.
When the discussion of privacy comes up with friends or family the overwhelming response from people I know is: "I have nothing to hide so it doesn't matter." To those more knowledgeable on the subject, what's the best response for me here? And has anybody else experienced dealing with this type of thinking?
but rather insufficient penalties for violating the privacy of another. If the perceived profit, whether that be money or some other reward, outweighs the perceived loss (i.e. punishment for violating the privacy of another) then privacy will always be violated assuming that it can be. Many of the perceived problems with protecting one's privacy today have been created by or occurred as a consequence of the introduction of new technologies, so it follows then that solutions must also be technological rather than strictly social or legal because of the aforementioned favorable risk/reward quotient for breaching the privacy of another. That is why it is important for people to take the necessary steps to protect their own privacy including use of strong encryption, strong passwords, fake identities, mail drops, etc. I find that it is best to view the entire exercise as an adversarial process where the reward for winning is continued privacy and the cost of losing is a breach of privacy. You are continually seeking to protect your privacy while others are actively seeking to breach it.
Privacy as used by citizens of the United States of America is a "right" afforded to "citizens" as regards the "government.
Therefore what individuals do with regards to each other is not the issue. What the government does to citizens (sovereigns) is. Therefore any violation of privacy by ANY government agency for ANY purpose adverse to citizens, from red light tickets to murder investigations is strictly prohibited by the constitution. PERIOD.
I am NOT wrong.
Do I need to read the constitution to you?
"nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
For example using your computer files against you.
...but plenty that I want to keep hidden.
Expose it all and I will be fine - free as a bird, no lawsuits, no divorce.
That is not to say that life wouldn't become quite inconvenient.
I am very small, utmostly microscopic.
Here's my suggestion: Any piece of personal data that is allowed to be shared without restriction between entities, or read by the government without a warrant (a real warrant, the way the founders intended), shall be classified as "privacy excluded data."
Then, for any level of government that authorizes "privacy excluded data", every elected official at that level will have that data published. Any data which is not published about the appropriate elected officials is considered private data, and breach of privacy will have severe enforcement.
If you want to know it about me, or will not prevent others from sharing it about me, then I get to know it about you while you are a public servant. You want to read my email without a warrant? Fine - all your email goes up on public servers (with reasonable restrictions, subject to FISA oversight, for national security).
Simple accountability. If I've got nothing to hide, you've got nothing to hide.
Stop-Prism.org: Opt Out of Surveillance
It must have been something you assimilated. . . .
I just had an interesting experience on the F-line in San Francisco. A woman was having a discussion in the seat behind me. It seemed that her husband had been stopped by the police in a parking lot and told that his license had been rescinded. That meant that if he got into his car, he was driving illegally. The police took his license, told him not to get in the car and left.
Now, the interesting thing is that his license was not invalid. There was a problem at the DMV. He went down to the DMV (taking a cab, he can't drive remember) waited in line for a couple of hours, got it sorted out, got a letter and went back to the police.
They still refused to give him back his license. He has to wait for a new one to appear in the mail. So, what does that tell you? A bureaucratic error resulted in lost hours, lost income and hassle. Was he guilty of anything? No. Caused by a loss of privacy, allowing buggy data to be accessed in real-time by the police.
Oh, perhaps you haven't heard of automatic license plate recognition systems? The police only have to drive by a car, and the computer pops up data on it.
You may or may not agree with trade unions just bear with me.
Most of us are lucky enough to live in democracies where we can make these choices and think nothing of it, we have nothing to hide after all. A few weeks after she started work, on the night of 23rd February 1981, fascist elements of the Spanish military attempted a coup and took control of the parliament. She spent the night along with her relative and other union officials burning and burying all the union membership details and correspondence because all of a sudden they did have something to hide, the mass graves of student radicals and trade unionists are still turning up from Franco's time .
Luckily the coup failed and democracy was quickly restored. The point being we can't burn or bury our electronic records, emails, phone logs, forum posts, blogs, journeys logged by electronic numberplate recognition and cellphone records because we don't have control of them. Privacy matters more than ever, the record of what you do now could last forever and you don't know who will use that information and for what purpose.
Because knowledge is power. Therefore, information about me can be used to gain power over me. Privacy keeps others from having such information.
There are other reasons I guess, but that's the most important one when relating the concept of personal privacy to institutions such as government agencies, corporations, etc. It has nothing to do with shame or morality, it's all about power and control.
* UNREASONABLE shall not be construed as to exclude hunches, guesses, gut feelings, roadblock searches, or any other reason for a search.
** SHALL NOT BE VIOLATED hereby means "shall not be violated unless we feel like it."
*** Warrants aren't really necessary.
**** Descriptions can be vague and all-encompassing, and nobody will ever be held to account for false Oaths or affirmation so long as their intention was "good" at the time.
Yet ANOTHER framework to learn
A couple years ago, a private investigator named Steve Rambam gave a talk at (well, after) Hope Number Six in New York. His speech was titled "Privacy is Dead, Get Over It."
* Every time I heard someone quip this phrase or something similar, it made me want to scream. But after listing to his talk, I found that I had to agree with the premise. Thanks to the last two decades of technology, there really is no more expectation of real privacy as most of us think about it. Here are some of the key points that I remember from the talk:
* Almost everybody leaves an electronic trail of their daily activities whether they realize it or not. Paying with a credit card, walking through a downtown area, driving through an intersection with a red-light camera, and buying cough medicine are all ways you can end up with your exact location recorded in that particular point in time.
* Practically any company can get more information on you (especially your financial history) than you can.
* The Internet has made it possible to get extremely detailed background checks on anyone you like for a very small fee and almost no effort.
* The U.S. government has fairly tight controls on how they're allowed to compile and use private information on citizens. Corporations, however, do not. There are a number of companies now that do nothing but compile vast amounts of information on everyone they can and then sell full access to their database to government agencies because it's not illegal for the government to *buy* your private information. They don't even need a warrant to access it.
* Ask any investigator and they'll tell you that Google is their favorite tool. Followed by MySpace, Facebook, and blogs. If you have any significant social interaction online, they don't even need to spend any money to find information on you because chances are you've already told the world far more than you realize.
You can hear Steve's talks here: (three parts)
http://www.hopenumbersix.net/mp3/16/privacy1.mp3
http://www.hopenumbersix.net/mp3/16/privacy2.mp3
http://www.hopenumbersix.net/mp3/16/privacy3.mp3
If you're in doubt, just try googling a few email addresses and/or aliases you've used over the past few years. I did just this a few weeks ago and was completely floored. There are traces of my online interactions going back over a decade.
(Posting anonymously because I don't want anyone to get any bright ideas.)
The entire post is an immaculate example of classical irony, where the intended meaning is the exact opposite of the literal. If you need me to explain further... then you'll probably never get it.
May the Maths Be with you!
Actually, what makes anything difficult with humans is our being herd animals. We do stuff that we think would please the herd and make us better liked by our peers. Because we're nice and social like that.
Unfortunately, that can be used jujutsu style against us. Enter: groupthink. And there are those who figured out how to do that. It's not new, it's at least ten thousand years old, very probably even more.
Groupthink is a funny thing. Take for example a bunch of farmers, like in the infamous Goering quote, who each independently would rather work their farm than go risk death and crippling in a war where they have nothing to gain. Independently, each would rather _not_ go to war. Put them in a situation where each thinks "OMG, I'd lose face if the others think I'm a coward and unpatriotic" and watch them thump their chests and screaming pro-war slogans. Watch them cheer for the very things they despise secretly. Or conversely shaking a fist and yelling against the very things they desire.
And after a short while, cognitive dissonance kicks in, and they even lie to themselves that they really want those things they hate, and they really hate those things they want.
It's the emperor's new clothes story. Get a bunch of people who think everyone else sees those non-existent clothes, and that their standing would fall dramatically if they don't. Watch them all swear that they can see them clothes. In fact, watch cognitive dissonance kick in, and see them convince even themselves that they _do_ kinda see the clothes.
Where the Grimm Brothers got it wrong, is that that phenomenon is _very_ hard to unravel. In the story, all it takes is one kid shouting "the emperor is naked", for the whole charade to come apart. In reality, that wouldn't do jack squat.
In reality, for you to be brave, someone else must be a coward. To provide the comparison. For you to be smart, someone else must be stupid. For you to be a superior audiophile who hears the difference in downloaded MP3s with an audiophile Ethernet cable, someone else must be inferior enough to not hear it. Etc. The child shouting "the emperor is naked" just provides that other term of the comparison. It makes everyone else in the crowd pat their backs and congratulate each other that they're not like that simpleton kid who can't see the clothes.
It's a funny thing too, in that it's not even the emperor's guards that make it happen. They're at best a catalyst to get it started. Two hundred years later the emperor could be dead and his heirs guillotined long ago, the country could be a democracy, and the "clothes" could be in a museum showing the craftsmanship in the old days. Or maybe as proof of the excesses of nobility in the old days. And people would still come and squint and convince themselves that they _can_ see some fabulous clothes behind the glass. Just because everyone else does.
So what does this have to do with privacy? Well, that's why you have to explain to people exactly what privacy is and that it's not some shameful failing to need your personal space. Because there are plenty of those trying to make it sound like you're some horrible monster and your peers would surely shun you if you want privacy. The ball is already rolling towards turning it into a group-think situation, and there are interested parties pushing the ball in that direction too. You need more than just, well, "privacy is privacy, duh, and of course you need it" to defuse that.
A polar bear is a cartesian bear after a coordinate transform.
If the new law is approved, then what I call Sweden and swedish values die today along with our privacy.
The vote is today, and despite massive protests it looks like this law will pass. How do you feel about the right to private conversations and messages? Not important? Well read no further. If you do care and realize that this will roll right across Europe into every single country:
Please help us by visiting our parliaments website [www.riksdagen.se]. We dont even mind if you have to visit several times.
She made the willows dance
www.riksdagen.se
Not bugging, just listening in on your phone conversations and look at your emails and what urls you type. Nothing private :-)
David Brin's take might be summarized, "Privacy is Dead, What Happens Next?" or "How I Learned to Love the Panopticon."
Protesters at the swedish parlament Since this is a "swedish" clip, it is of course followed by nude girls.