Just a quick reminder to join us this Wednesday night (Dec. 4) for the next “Alcohol Liberation Front” happy hour featuring many Tech Liberation Front contributors and friends. The happy hour will be held at Churchkey (1337 14th St., NW) at 6 p.m. Churchkey is one of the very best beer bars not just in D.C. but in all of America. If you’ve never been there before, you are in for a real treat.
In addition to mixing and mingling with the witty and wacky TLF crew, we have a special surprise for attendees: Our guests will be given an early preview of our prototype TLF drone! Our Advanced Robotics Division here at the TLF has been hard at work on the “FreedomCopter” and we look forward to showing guests how we plan to use it coming years to spread the good word of tech liberty! We plan on doing special fly-bys during the evening and buzzing past EPIC and CDT headquarters to have our autonomous agent inquire about our general freedom to tinker, innovate, and gather information freely. We look forward to their response.
No word yet if our Advanced Robotics Division will have the new driverless “TLF-Mobiles” ready in time to give inebriated guests a free ride home, but we will do our best.
Hope to see you on Wednesday night.
Tomorrow, the Federal Trade Commission (FTC) will host an all-day workshop entitled, “Internet of Things: Privacy and Security in a Connected World.” [Detailed agenda here.] According to the FTC: “The workshop will focus on privacy and security issues related to increased connectivity for consumers, both in the home (including home automation, smart home appliances and connected devices), and when consumers are on the move (including health and fitness devices, personal devices, and cars).”
Where is the FTC heading on this front? This Politico story by Erin Mershon from last week offers some possible ideas. Yet, it still remains unclear whether this is just another inquiry into an exciting set of new technologies or if it is, as I worried in my recent comments to the FTC on this matter, “the beginning of a regulatory regime for a new set of information technologies that are still in their infancy.”
First, for those not familiar with the “Internet of Things,” this short new report from Daniel Castro & Jordan Misra of the Center for Data Innovation offers a good definition:
The “Internet of Things” refers to the concept that the Internet is no longer just a global network for people to communicate with one another using computers, but it is also a platform or devices to communicate electronically with the world around them. The result is a world that is alive with information as data flows from one device to another and is shared and reused for a multitude of purposes. Harnessing the potential of all of this data for economic and social good will be one of the primary challenges and opportunities of the coming decades.
The report continues on to offer a wide range of examples of new products and services that could fulfill this promise.
What I find somewhat worrying about the FTC’s sudden interest in the Internet of Things is that it opens to the door for some regulatory-minded critics to encourage preemptive controls on this exciting new wave of digital age innovation, based almost entirely on hypothetical worst-case scenarios they have conjured up. Continue reading →
Sen. Edward J. Markey (D-Mass.) and Rep. Joe Barton (R-Texas) have reintroduced their “Do Not Track Kids Act,” which, according to this press release, “amends the historic Children’s Online Privacy Protection Act of 1998 (COPPA), will extend, enhance and update the provisions relating to the collection, use and disclosure of children’s personal information and establishes new protections for personal information of children and teens.” I quickly scanned the new bill and it looks very similar to their previous bill of the same name that they introduced in 2011 and which I wrote about here and then critiqued at much greater length in a subsequent Mercatus Center working paper (“Kids, Privacy, Free Speech & the Internet: Finding The Right Balance”).
Since not much appears to have changed, I would just encourage you to check out my old working paper for a discussion of why this legislation raises a variety of technical and constitutional issues. But I remain perplexed by how supporters of this bill think they can devise age-stratified online privacy protections without requiring full-blown age verification for all Internet users. And once you go down that path, as I note in my paper, you open up a huge Pandora’s Box of problems that we have already grappled with for many years now. As I noted in my paper, the real irony here is that the “problem with these efforts is that expanding COPPA would require the collection of more personal information about kids and parents. For age verification to be effective at the scale of the Internet, the collection of massive amounts of additional data is necessary.” Continue reading →
My friend and frequent co-blogger Larry Downes has shown how lawmaking in the information age is inexorably governed by “The Law of Disruption” or the fact that “technology changes exponentially, but social, economic, and legal systems change incrementally.” This law is “a simple but unavoidable principle of modern life,” he said, and it will have profound implications for the way businesses, government, and culture evolve going forward. “As the gap between the old world and the new gets wider,” he argues, “conflicts between social, economic, political, and legal systems” will intensify and “nothing can stop the chaos that will follow.” This has profound ramifications for high-tech policymaking, or at least it should.
A powerful illustration of the Law of Disruption in action comes from this cautionary tale told by telecom attorney Jonathan Askin in his new essay, “A Remedy to Clueless Tech Lawyers.” In the early 2000s, Askin served as legal counsel to Free World Dialup (FWD), “a startup that had the potential to dramatically disrupt the telecom sector” with its peer-to-peer IP network that could provide free global voice communications. Askin notes that “FWD paved the way for another startup—Skype. But FWD was Skype before Skype was Skype. The difference was that FWD had U.S. attorneys who put the reigns on FWD to seek FCC approvals to launch free of regulatory constraints.” Here’s what happened to FWD according to Askin: Continue reading →
Here’s the video from a recent panel I sat on at the 4th annual Privacy Identity Innovation conference (pii2013) in downtown Seattle on September 17, 2013. The panel was entitled, “Emerging Technologies and the Fine Line between Cool and Creepy,” a topic I have written much about here in recent blog posts as well as in law review articles. The panel was expertly moderated by the awesome Natalie Fonseca, co-founder and executive producer of the pii2013 event as well as the always excellent Tech Policy Summit. Other panelists included Terence Craig, Co-founder and CEO, PatternBuilders and Co-author, Privacy and Big Data, Jamela Debelak, Technology and Liberty Director, ACLU of Washington, and my friend Larry Downes, Consultant and Author of The Laws of Disruption, among other excellent books. We discussed how to balance out the competing tensions surround new information technologies and stressed the various ways we could alleviate the primary concerns about many of them.
(The video, which is embedded down below, lasts just under 40 minutes. The audio is a little uneven because I was too stupid to keep the microphone close to my mouth. Sorry about that!)
Emerging Technologies and the Fine Line between Cool and Creepy from Privacy Identity Innovation on Vimeo.
Facebook announced some changes to its site today that will make it easier for teen users to share content with not just their friends but also the entire world. (More coverage at The Washington Post here.) No doubt, some privacy advocates will cry foul and rush to policymakers with requests for restrictions. Yet, it’s not clear to me what their case would be. There isn’t any COPPA issue here since we are talking about teens, and they aren’t covered by the law. Moreover, it seems entirely sensible to allow teens to make their voices heard more broadly via Facebook’s platform the same way they can via many other online sites and services. Teens have speech rights, too, after all.
On the other hand, this is another “teachable moment” that parents should take advantage of. When sites (especially larger sites like Facebook) change their policies and make it easier for our kids to share more about themselves and their feelings, that is always a great time to have another chat with them about acceptable online behavior. I’ve spent a lot of time here and elsewhere talking about the importance of “Netiquette,” or proper online etiquette in various social settings and situations. We need to talk to our kids and each other about being more savvy, sensible, respectful, and resilient media consumers and digital citizens. And schools and even governments have a role to play in pushing education and media literacy in pursuit of better “digital citizenship.”
The crucial lesson here — and this certainly has relevance to today’s Facebook announcement — is that we need to constantly be encouraging our kids to think about smarter online hygiene (sensible personal data use) and proper behavior toward others. Continue reading →
Oh man, I could not stop laughing at this old “Kids Guide to the Internet” video from the 90s. My thanks to my former colleague Amy Smorodin for tweeting it out today. I just had to post it here so that everyone could enjoy.
(Note: You can turn this video into a great drinking game. Just make everyone in the room raise their glass each time the lines “Does your computer have a modem?” and “Not all that cybernet stuff, OK?” are uttered.) And yes, as the opening line of the video notes, “the first thing you need to know about the Internet is that it is amazing.”
With the federal government and technology policy shut down in Washington, California is steaming ahead with a series of online privacy laws that will have broad implications for Internet companies and consumers.In recent weeks, Democratic Gov. Jerry Brown has signed a litany of privacy-related legislation, including measures to create an “eraser button” for teens, outlaw online “revenge porn” and make Internet companies explain how they respond to consumer Do Not Track requests. The burst of activity is another sign that the Golden State — home to Google, Facebook and many of the world’s largest tech companies — is setting the agenda for Internet regulation at a time when the White House and Congress are moving at a much more glacial pace.
When she asked me how I felt about this, I noted that: “California seems like it is willing to declare the Internet its own private fiefdom and rule it with its own privacy fist.” And, no matter how well intentioned any of these new California policies may be, the ends most certainly do not justify the means. Continue reading →