Tag Archives: government

Data protection, anonymity and copyright

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I talk a great deal on this blog about data issues, privacy and ownership, anonymity and copyright, however is there a clear connection between them? Should we care about who has access to our data, who we are and control over our access to data?

I think that these issues are so connected that we need to do something about how they are managed at a federal level. Currently, it’s rather easy for governments to request data from internet sites. Some times they require warrants or court orders other times the companies simply hand over the data. Savvy users understand how their data is collected and used by companies. I’ll be the first to admit that I’m learning about this as I’m going. It’s not easy because some times it’s really inconvenient to really protect your data. The more sites that are connected together the more likely one of your accounts are to be hacked. Linking sites also creates other problems. Specifically Facebook and Google. Twitter isn’t as bad, but it easily could be.

Why are Facebook and Google bad though? First Facebook is the worst by far. Both Zuckerbergs have made statements proclaiming privacy a bad thing.We can see this erosion with the creation of Facebook’s OpenGraph and seamless information sharing. We’ve all see the increase in the amount of information that our friends are sharing. Such as Spotify and articles they’ve read. Which now no longer click through, but end up going to some app from that company. All of this information is being stored and sold to customers with your name on it. Effectively you’ve lost your ability to view websites freely without it being stored on multiple servers by multiple companies at the same time.
Google comes in a close second with their privacy problems. They aren’t any better with Google+ as they require names at this time. We also don’t know what Google does with the information that you give them when you link accounts together. By giving access to Google when you sign into another website Google is learning more about you which will likely be used to adjust your filter bubble.

Without anonymity or at least pseudonymity it’s significantly more difficult to control access to your data. Putting a buffer between you and the people that are interested in learning about you as a person can protect you from a lot of bad people. However, whenever there are discussions about anonymity or pseudonyms some one almost always makes the argument that it will increase the safety for child molesters or terrorists.

The Copyright industry is one of the most vocal advocates of this tactic. In fact, this is one of the arguments being used for SOPA. They argue that if you don’t have anything to hide then you have nothing to worry about. Well, I don’t buy that argument. People have privacy fences for a reason around their yard. Why not do the same thing for your data? Being anonymous doesn’t mean your bad, it just means your being safe.

Anonymity makes it more difficult for copyright holders to come after people who download movies without buying the movie. They want to know if your downloading it regardless of the fact that you might actually own the movie in some other physical medium and are using the digital copy as a back up. They also don’t really care if you go out and buy the movie after watching it. In fact the Swiss government came out and said that buying a movie or song after downloading is extremely common.

Based on these three points, I believe that everyone should be pushing leaders to increase the ability for users to be anonymous on the internet. This will protect users data from identity theft, allow users better control over their data and decrease the impact of the filter bubble. We must accept the fact that people may use the freedom in unethical ways. However, this doesn’t mean that it’s unethical for people to be anonymous online and doesn’t mean that they are unethical. It means that we need to define clear laws and procedures to deal with unethical or illegal activities in these systems. Without these guidelines we are likely to have no control over our data.

Economics, Philosophy and Science

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The Occupy Wall Street movement has spawned a great deal of branch protests. It has increased our awareness of economic, educational and governance issues. We have seen a series of aggressive police actions and amazing responses from victims. Historically, universities have been a sites of unrest. Berkeley had it’s riots in the 60’s, there’s the famous Kent State shooting picture and there are many other examples. What do much of these have in common? The state has used it’s authority and power to overly aggressively clamp down on protesters. However, violent protesters can’t be accepted, but non-violent protesters cannot be met with force. It’s part of our heritage to protest the government.

However, it’s important to understand what we’re protesting and why. It was clear from the beginning of the OWS movement that most of the people didn’t really understand what they were protesting. Very broad general things like Wall Street making too much money or the fact that no one has gone to jail. I think it’s important that for protesting to be effective the leaders and a majority of the protesters need to be well educated on what it is exactly they are protesting.

In this case the protesters needed to be educated on economics and philosophy/morality. Why economics, those guys are like the bad guys man? Well, sadly, to have an actual conversation with these people you need to speak their language. You don’t have to actually accept their assumptions as true or accurate, but you need to be well educated on the topics. Additionally, if you are well educated on economics, you’ll know there are different capitalist perspectives on economics that indicate that a more equal society is a safer and happier society. Using evolutionary economics, policies can be crafted to help protect economies from crashes. In addition, being educated in slightly beyond the basic supply demand curve, it will help prevent the wool from being pulled over our eyes. This will also allow more members of our society to enter public discourse and understand and speak intelligently about the topics that impact all of us. People will actually understand what socialism and communism actually mean.

In addition to a good economic ground work, we also need to understand some basic philosophy. People are accused of moral relativism, we need to know what it actually means (morality is flexible based on the situation) and how that impacts people’s actions. We also need to know when our leaders are behaving morally, immorally and what sort of freedoms we should be giving to people. Our country is founded on the philosophical ideas of the enlightenment. The US government was founded on rights, which all people should have regardless of sex, race or whatever. This includes speech and protest. If these are within our rights, then we need to protect them from people that believe it is their right to physically assault you when you exercise your rights. Morality and ethics can also drive our legislature to define laws based on humanist principles to ensure living wages and the right to live for all people. Or at least the need to create the social mobility claim to have in our society. Decreasing costs of education reduces the initial burden after school which allows people to take more risks, which may allow them to move from one social strata to the next. These should be done for moral reasons and because education and research has been shown both neoclassical economics and evolutionary economics to be a huge driver of sustained economic growth.

We also need a strong scientific foundation, which will provide a healthy dose of skepticism for government and data published by any group on either side. It gives the tools to decide if we should accept these data or open our tool box and figure out where the flaw in the data is. Science is the driver of current economic growth. It is what allows the next big break through at the platform level. We’ve had several platforms, coal, steel, rail, and we’re currently on the silicon platform/computing platform. To develop new platforms we need to continue to drive to the frontier of science.

Our founding fathers embodied these ideals. Jefferson was a philosopher that wrote his own version of the bible. He and Franklin were both accomplished scientists. All of them believed in the rights of the people that exist not because they are given to them by the government, but because they are natural rights all people have. It is important that we acknowledge these rights and make sure we are educated in these topics to ensure an actual debate over the problems we’re facing as a society. Without being educated in the importance of these topics we’ll begin to argue based on the best sound byte and not on the content of the message.

In closing, all people need to become literate in these topics to provide the best foundation for an argument. Without being able to speak the right language, you’ll sound like whining children that’s wondering like a child lost in the woods, or out of your element if you will. With these tools, anyone can talk coherently and powerfully against the very things our own government protests in other countries.

Feds need warrant to get phone data

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In a victory for cell phone users everywhere, A court says that the feds need a warrant to request phone data which includes location. We should be celebrating this victory even though it isn’t a total victory. This case will most likely go to the US Supreme Court. The Federal government is not going to give up on this easily. Especially since there have been other rulings that have ruled in favor of warrantless mobile phone tracking. So it’s still unclear what the end result of all of this will be.

Additionally, this may also have implications for some of the other tracking that the government is doing. Apparently, the governments don’t need a warrant to install GPS tracking devices onto cars. Which the police argue saves tax payers money. It raises serious privacy concerns though. What is the limit to the number of people the police can track at a time? Can they simply track anyone closely related to a crime even if they have nothing to do with any sort of crime? With polices officers required to track individuals this puts an obvious limit on the number of people the police and other law enforcement agencies can track. They are limited to the usefulness of the tracking and the number of officers they have available to track. With the GPS tracking they have the ability to simultaneously, continuously track any individual associated with a crime or a suspect of a case. This gives them a huge amount of data on people that may not have done anything illegal and shouldn’t be tracked in the first place.

With this data agencies are able to construct a network of frequent activities for the prime suspect and any other people they consider interesting. If these suspects go to a known drug hide out it can implement additional people in a crime that wouldn’t have been obvious without the tracking. It could allow for an increased ability to  crack down on crime. However, it can also send up a great deal of false positives and implement innocents.

Should we be concerned with this type of tracking? Definitely. The purpose of requiring a warrant, in a historical context, is to prevent the government for arbitrarily searching the house of a person. I find the ability to be remotely tracked terrifying. Just because I don’t have any thing to worry about doesn’t mean I’d want the government to have the ability to track me on a whim. I feel it’s important for there to be a check on the law enforcement. I think it’s clear from the UC Davis pepper spray incident that there’s a sense of unlimited power within many of our police forces. Warrantless tracking through cell phones or vehicles are incredibly similar.

The job of the court and our constitution is to protect the people from the excesses of the government through the actions of law enforcement. We need to work with our legislation to push for laws to address these issues if the courts don’t make the action in the manner to protect the fourth amendment and our privacy.

Review: Republic Lost. Or the hand book for OWS

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I just finished Republic Lost by Lawrence Lessig last night. If it’s not obvious by now, I’m a big Lessig fan. I find his work extremely interesting and relevant to the changing world. It is a bit dry to be honest, all of his writings deal with how society, the market and laws interact.

In my opinion this book should be the handbook for anyone interested in the Occupy movement. I’ll explain why in a few steps. First, he mentions various different cases of inequity which are highly promenient in the US. He specifically addresses the 99% argument and does it a great deal of good. He fully explains what it means to be in the 99% in a way that has been missing in the dialogue. He actually says that the 1% isn’t the biggest problem it’s actually a much smaller percentage, but the 1% can cause a lot of damage as well.

In the book he systematically explains how and why money is a problem in the system. In many cases it’s not that there is quid pro quo corruption going on. More that it seems like there is corruption going on because of the money involved. As an outsider it’s hard to trust a system where the Teachers union (or wall street or exxon) can say I will give $1 million dollars to any candidate that supports tenure (or bail outs or deep water drilling). This is an implicit threat because if you don’t support these topics your opponent will, because it will give them campaign donations. As donations play a huge amount of time for a congressman (30-70%) anything that makes it easier to get money the congressmen will campaign to support.

There have been studies that question if these gifts actively change legislative voting behavior, but many quotes from former congressmen explaining that there is a sense of obligation to the donor. This isn’t a tit for tat type exchange, Lessig argues it’s more of a gift economy. Like what buy a round of beers for your friends, you don’t want money for it, you want them to buy you the next round. The fact that you bought instills (in most people) a sense of obligation to buy the next round. This analogue is perfect in fact, as Lessig argues that congress is dependent on these funds like an alcoholic. This is an illicit dependency as he shows that Congress should be “dependent on the People alone.”

Lessig builds an extremely will supported case that donations impact the legislative process by impacting what congressional leaders allow debate on. Even if it doesn’t impact votes, it impacts what is considered important by the congress. This is one of the ways that congress seems out of touch with regular people. I believe Lessig builds a strong enough case to demonstrate that something must be done. He actually has a few suggestions on how to deal with the problem.

The first is the old fashioned way of trying to build support through congress to enact real campaign reform. Lessig doesn’t believe this is realistic and gives it about a 0% chance of success. His next idea is to get about 300 well known people to run as super candidate to force the issues. Have these people run in multiple different districts (it’s legal) and garner enough attention to force the politicians to say they will vote for reform. Do this in enough state and in the right states and it might work. He calls this a kind of political terrorism. He gives it a 5% chance of working once you get started.

His next idea is to have one of those types candidates run for the of president making the promise to hold congress hostage until the reforms are made, BUT resign as soon as the reforms are completed. He argues that this is required for people to honestly believe that the changes would happen and for congress to actually enact the changes. There would be no negotiations other than making sure all the normal people get paid and services don’t impact most business. He also gives this one a 5% chance of working.

The final suggestion is to push for a constitutional convention. This would require 38/50 states to OK the convention. He, at length, describes all the potential problems and legal issues with the convention, which matter once the ball gets rolling. In addition to this he suggests creating about 300 shadow conventions where regular people are given the opportunity to make constitutional amendments. These could then be the basis for what is sent to congress.

In total, if you are part of the OWS movement you need to read this book. It will help give more firepower for your arguments against the 1% and it will give some guidance on what the first priority should be. I agree with Lessig that until we get money out of the system no other reforms are possible. We will not have a function government until the People are the only thing the government relies on for choices of legislature.

Ubiquitous free high speed wireless

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One of the people I follow on twitter posed an interesting question. What would happen if there was free broadband wireless all over Europe. I sent them my 140 character answer but felt really unsatisfied by that. I’m going to devote some blog space to it over the next few days because I think that there would be a lot of changes. I’m going to break this into a few section. I haven’t worked out all of them but there will be government, business, computing and social changes. This structure loosely follows some of the structure within Lawrence Lessig’s Code 2.0. He also argued there were four structures that impact community building on the internet. It is written in the US context, but can be applied in other countries.

I’m going to start with Governmental changes.

One of the first things that will happen will be further encroachments on the ability for users to be anonymous and use pseudonyms online. Initially the requirement to login will be used to track which areas have the highest user rates and things like that, but this could be an incredibly powerful tool to prevent copyright abuse from users of the network. IP addresses would go out the window as an enforcement tool of nearly any online abuses. For instance, the safest place to download a movie from the internet would be on the train. You’d be changing IP addresses frequently and it would be very difficult to track a single user from one IP address to the next.

To deal with these problems there would have to be strict oversight to protect users of the network from invasions of privacy from the government and third party users of the network. Currently, the US government has a significantly heavy hand in collecting data from ISPs, Cloud data and social networking data. This includes both European and US data. This would need to be prevented.

Paying for and managing this network would need to be determined as well. One route could be to put a tax on advertisements that are displayed in a IP address range. Since IPs are distributed through regions this would be technically possible. Google just announced they made $9.7 Billion and nearly all of that is from ads (99% was from ad revenue in 2008). Putting a modest tax on this revenue will help pay for this network. Assuming that this infrastructure would need to be rolled out and continually upgraded I would expect at least $2-3 billion annual investment is required. I’m basing this on how much Verizon Wireless and AT&T invest in their network annually. This of course would change based on the amount of capacity required (a lot) and what technology used (WIFI, Wi-Max, LTE) for the network.

Since, this will effectively kill the business model of the telecoms, like T-mobile and KPN, they could be used to help manage the network. Governments and the like aren’t the best at managing these networks these old companies would be the best suited to manage it. That or create an organization that is based on former employees.

Finally, the network would have to be net neutral. Otherwise, it would effectively be government censorship if there was a reduction in access to any portion of the web. This means that the internet would be free as in free beer and free as in free speech. This would ensure the most positive results from the free internet on the business side and improve ability of users to participate in democracy.

Biggest changes? Management of the network, increased privacy concerns, paying for the network and copyright owners influence on data controls.

In my next blog I’ll discuss how this would change the business environment.