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When it Comes To Privacy, Consent is Immaterial. Corporate and Gov't Surveillance Systems Must Be Stopped Before They Ask For Consent: Richard Stallman (theguardian.com)

In a rare op-ed, Richard Stallman, the president of the Free Software Foundation, says that the surveillance imposed on us today is worse than in the Soviet Union. He argues that we need laws to stop this data being collected in the first place. From his op-ed: The surveillance imposed on us today far exceeds that of the Soviet Union. For freedom and democracy's sake, we need to eliminate most of it. There are so many ways to use data to hurt people that the only safe database is the one that was never collected. Thus, instead of the EU's approach of mainly regulating how personal data may be used (in its General Data Protection Regulation or GDPR), I propose a law to stop systems from collecting personal data.

The robust way to do that, the way that can't be set aside at the whim of a government, is to require systems to be built so as not to collect data about a person. The basic principle is that a system must be designed not to collect certain data, if its basic function can be carried out without that data. Data about who travels where is particularly sensitive, because it is an ideal basis for repressing any chosen target.

12 of 266 comments (clear)

  1. Perfect quote by spaceman375 · · Score: 4, Insightful

    "the only safe database is the one that was never collected."

    Been saying this for years. SO glad someone with a louder voice agrees.

    --
    On the one hand you take life too seriously, and on the other, you do not take playful existence seriously enough. Seth
  2. I just fought this last night... by MadCow42 · · Score: 5, Insightful

    I was buying groceries at Target, and happened to get a case of beer - for which I was fully expecting to have to show ID (I'm >40 years old btw).

    When the cashier asked to "see my ID" (emphasize the "SEE"), I held out my license. She physically snatched it from my fingers and before I could even react she turned it over and scanned the barcode on the back into their POS system. That bar code contains all kinds of personal data including my address and biometric info. I did NOT consent to them collecting that info, and yet I have no way to get them to expunge it from their system. Not only am I being tracked in 17 different ways with their marketing and other systems, but they're likely selling that info of to other "partners", and putting it at risk WHEN they eventually have a systems breach.

    That type of collection should be illegal. I've contacted their guest relations team about my concern, and have yet to hear back.

    --
    I used to have a sig, but I set it free and it never came back.
    1. Re: I just fought this last night... by jd · · Score: 2, Insightful

      First, everyone does it so you get to pick which devil you sell your information soul to but you can't pick whether you sell it.

      Second, the information is now there and won't go away. It will be in systems for the rest of eternity.

      Third, bug data relies on patterns. You don't matter. Get used to that. You have no significance. Your data helps build a bigger picture, but any person's data would do the same. You are disposable. As long as enough people shop there, their system learns exactly the same stuff. Your address, they'll buy off other suppliers anyway.

      Unless you plan to live in a cave, where you shop doesn't make any difference. It doesn't matter which head of the hydra you feed. You have an illusion of choice.

      That is why you need laws, to create actual choice. Otherwise, your life is just empty rituals.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  3. Re:Easy to get consent by froggyjojodaddy · · Score: 5, Insightful

    I suppose the counter-argument is that you shouldn't need a degree in law just to be able to post pictures of cute animals.

    A key part of reading comprehension is the ability to understand the meaning of a set of words in a specific context and I would venture to say that's where additional protections are needed. Any person capable of reading can read even the most convoluted user agreement but MOST people would read it word by word but not really having the experience, education, or skill to fully understand the implications of a set of words in a specific order.

    This may be a real bad analogy, but it's kinda like the protections you get in a Law. Imagine if your Law said "No-one is allowed to force you to work more than 8 hours in a consecutive 24 hour period".
    Then you went to work for an employer who made you sign a 50 page employee contract. Somewhere buried in all that text was a roundabout way of the company saying you had to work 12 hours in a consecutive 24 hour period. That stipulation would be immediately null and void (despite your signature) because it's overruled by the Law that said you can't work more than 8 hours.

    So .. you may have inadvertently consented to working 12 hour days - or maybe you're genuinely OK with working 12 hour days. But should that ever change in the future, you have the full protection of the law by telling your employer you only want to work 8 hours.

  4. Re:...wat? by pr0nbot · · Score: 5, Insightful

    He should probably have used East Germany rather than the Soviet Union for his comparison. The Stasi not only conducted surveillance but relied on a climate of fear and suspicion in which people informed on one another, either to escape suspicion themselves or to gain some advantage.

    Even if you do not consent to your data being collected, as soon as someone else puts it out there (e.g. your photo, phone number, email, twitter handle and date of birth in their contacts list) and consents to it being collected, you're shafted.

  5. Re:...wat? by jellomizer · · Score: 2, Insightful

    There are too many times I hear people getting frustrated about having put in so much data every time they call in. Ask shouldn't the computer already have this information ready. Or you know where to send the bill, but not to call for follow up information.
    For most of the information gathers it is used to benefit us. Not spy on us and determine what evil plot we are doing.
    It is perfect? No. Are their a lot of abuses? Yes.

    But RMS is an absolutist. There is rarely any grey area in RMS view on things. Either some things right and when it is right it is pure, or it is wrong and evil.
    That type of mentality normally will get on watch lists (even before the internet spying on you) because such behaviors can lead to criminal behavior. But this is America and he has freedom of speech, so while his activities may be being watch, he will not get arrested for his views, wither or not I or the government believes in it or not. That is the difference between the USSR and the USA today. There may be more spying, that is because it is easier to get the information. But RMS hasn't mysteriously disappeared yet.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  6. Re:Fantasy land by BlueStrat · · Score: 2, Insightful

    Corporatism IS fascism -- literally corporations in bed with an authoritarian state. The proper response is SOCIALISM, where the government actually acts in the interest of ordinary citizens, not wealthy CEOs.

    Yes, look what socialism did for the people of Ukraine during Stalin's reign, or Venezuela today.

    No darned corporatism there! Millions starving, sure, economies in ruins and hyper-inflation, yes, but you can't make an omelette without breaking a few eggs, right?

    It's Progress(TM)!!

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  7. Nash Equilibrium by jd · · Score: 3, Insightful

    Cooperation is cheaper, easier, quicker. And humans are lazy before they are greedy.

    Cooperation also yields better results, which is why America and Britain are sliding down every metric and Scandinavia is on the rise.

    Stallman uses simple economics. You don't have to agree with him, but you will be uneconomic and unsustainable if you do.

    He is not a communist, he is a pragmatic capitalist.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  8. Re:Stallman is on point. by jma05 · · Score: 4, Insightful

    > Yes, he is a bit extreme, but then again he needs to be.

    Each time, it is repeatedly shown, that his seemingly extremist ideas simply appear so, only because they are ahead of their time (or rather, most of us are behind time when it comes to understanding current technology). He is far better able to project into the future, what the natural consequences of the current systems are.

  9. Re:Easy to get consent by Anonymous Coward · · Score: 5, Insightful

    For an average user it would take 76 days to read the terms of service that they typically agree to in a year.

    https://www.theatlantic.com/technology/archive/2012/03/reading-the-privacy-policies-you-encounter-in-a-year-would-take-76-work-days/253851/

    That's insane, no one will spend that much time reading usage agreements. This isn't about reading comprehension.

  10. Re:...wat? by Trailer+Trash · · Score: 3, Insightful

    He should probably have used East Germany rather than the Soviet Union for his comparison. The Stasi not only conducted surveillance but relied on a climate of fear and suspicion in which people informed on one another, either to escape suspicion themselves or to gain some advantage.

    It's a good point. At the height of it 1/3 of East Germans were Stasi informers.

  11. Re:Easy to get consent by Anonymous+Brave+Guy · · Score: 5, Insightful

    But that is their problem?

    When the legalese is so long and cumbersome that it would be literally impossible for any normal person to read, understand and actively give informed consent to it, yes, I think it is their problem.

    We've got into this strange situation with online services where there is this fantasy legal environment where everyone is signing up for things with these huge accompanying documents that they have supposedly read and agreed to, when those documents might contain terms that have very little to do with what the person thought they were signing up for.

    Just imagine the bricks-and-mortar equivalent of what is supposedly happening with online purchases: you get to the checkout at the store with your groceries, spend a couple of minutes getting everything scanned and bagged up, and just before you tap your contactless card to conveniently pay for it in a few more seconds, you have to stop and spend an hour reading 27 printed pages of legal terms including how you may serve the beef, removing any responsibility from the store if your pack of fresh vegetables is half-rotten behind the packaging you can't see through, promising to pay the store's legal costs if anyone else who was in that day falls and hurts themselves but mentions your name while they're suing the store for damages, giving up your own right to take normal legal actions against the store in favour of some obviously not loaded at all "arbitration" process, and agreeing to let someone from the store visit your house whenever they want to check what's in your fridge and then stand in your lounge offering your whole family replacement products they think might interest you that are available from their carefully selected partners. It's absurd on so many levels.

    Perhaps the greatest irony is that, at least in places with sensible legal systems, a lot of the legalese is mostly worthless anyway, because if there is something surprising and unreasonable in a standard form contract like this then it's unlikely to stand up in court anyway.

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