I’m at the mid-point of an online debate hosted by the Economist.com on the proposition: “This house believes that governments must do far more to protect online privacy.”
I’m on the “No” side. In my opening statement, I tried to give some definition to the many problems referred to as “privacy,” and I argued for personal responsibility on the part of Internet users. I even gave out instructions for controlling cookies, by which people can deny ad networks their most common source of consumer demographic information if they wish. Concluding, I said:
Government “experts” should not dictate social rules. Rather, interactions among members of the internet community should determine the internet’s social and business norms.
In the “rebuttal” stage, which started today, I dedicated most of my commentary to documenting how governments undermine privacy—and I barely scratched the surface.
Along with surveillance program after surveillance program, I discussed how government biases protocols and technologies against privacy, using the Social Security number as an example. I don’t know what syndrome causes many privacy advocates to seek protection in the arms of governments, which are systematic and powerful privacy abusers themselves.
Nonetheless, I’m opposing the “free lunch” argument, which holds that a group of government experts can come up with neutral and balanced, low-cost solutions to many different online problems without thwarting innovation. Right now the voting is with the guy offering people the free lunch, not the guy arguing for consumer education and personal responsibility.
You can vote here.
I don’t have a great deal to add to coverage of last week’s big patent story, which concerned the filing of a complaint by Microsoft co-founder Paul Allen against major technology companies including Apple, Google, Facebook and Yahoo. Diane Searcey of The Wall Street Journal, Tom Krazit at CNET News.com, and Mike Masnick on Techdirt pretty much lay out as much as is known so far.
But given the notoriety of the case and the scope of its claims (the Journal, or at least its headline writer, has declared an all-out “patent war”), it seems like a good opportunity to dispel some common myths about the patent system and its discontents.
And then I want to offer one completely unfounded theory about what is really going on that no one yet has suggested. Which is: Paul Allen is out to become the greatest champion that patent reform will ever know.
Continue reading →
[Fellow members of the Society for the Prevention of Vice, I urge you to take immediate action to continue our crusade to clean up America’s media marketplace by ridding it of the scourge of media hyper-violence. A clip has come to our attention that merits particular concern and I hope you will agree something must be done by our government before such filth gets widespread dissemination. So, please join me in signing this petition to the FCC to take action now—for the children—before such unspeakable acts of violence are mimicked by millions of youth across America.]
____________
TO: Julius Genachowski, Chairman, Federal Communications Commission
FROM: Adam Thierer, President, Society for the Prevention of Vice (formerly known as the Society for Soft Pillow Fights)
RE: Another example of unspeakable media violence that must be stopped
Dear Chairman Genachowski:
A video has come to our attention that displays, once again, the media industry’s utter disregard for human decency and the dignity of life, and we hope you will agree something must be done to stop its dissemination before it is too late. In this video:
- A man’s nose is seemingly twisted off his face (as he screams in agony) and then his face is forced onto a grinding machine while sparks fly off his burning flesh (he again screams in agony);
- A shoe with an extended spike is inserted into a man’s head and then his eyeball and then his ear lobe (he screams in agony each time);
- The man who was impaled with said shoe spike then bites the offender’s foot (he, too, screams in agony);
- A blow-torch is used to light a man’s buttocks afire (he screams in agony);
- A man climbs a pole, plays with live electrical wires, is then is electrocuted after chewing on said wires, and then falls to the ground still shaking from the voltage running through his body (he screams in agony);
- A wrench is dropped on a man’s head (he screams in agony) and he then uses said wrench to hit another man over the head and violently twist his nose with it (he screams in agony); and
- Finally, the electrocuted man has a light bulb inserted into one ear and a screwdriver into the other (he screams in agony and then, bizarrely, he laughs to end the clip — as if he is mocking the depravity of what we have just witnessed!)
I have attached a clip of this unspeakably evil carnival of pain, but I warn you that it could forever darken your soul. Can you imagine, sir, if earlier generations of American youth had seen this? Could America have produced “The Greatest Generation” if the youth of the World War II era had grown up watching such filth? We now know from several psychological studies that children will mimic whatever they see on the screen. If they see such depictions of violence in media, they will reenact it themselves in the real world. In other words, “monkey see-monkey do.” Please, on behalf of all those signing this petition, and for the sake of our children, I beg you to help us put a stop to this moral outrage before our great civilization decays and withers away in a sea of media hyper-violence such as this: Continue reading →
So, the GAO recently released a report on the wireless industry and found that:
The biggest changes in the wireless industry since 2000 have been consolidation among wireless carriers and increased use of wireless services by consumers. Industry consolidation has made it more difficult for small and regional carriers to be competitive. Difficulties for these carriers include securing subscribers, making network investments, and offering the latest wireless phones necessary to compete in this dynamic industry. Nevertheless, consumers have also seen benefits, such as generally lower prices, which are approximately 50 percent less than 1999 prices, and better coverage.
Now, if you are a self-described “consumer advocate,” I would hope the bottom line here is pretty straightforward and refreshing: Prices fell by 50% in 10 years. That alone is an amazing success story. But that’s not the end of the story. The more important fact is that prices fell by that much while innovation in this sector was also flourishing. Do you remember the phone you carried in your pocket — if you could fit it in your pocket at all — ten years ago? It was a pretty rudimentary device. It made calls and… well… it made calls. Now, think about the mini-computer that sits in your pocket right now. Stunning little piece of kit. It can text. It can do email. It can get Internet access. You can Twitter on it. Oh, and you can still make calls on it (but who wants to do that anymore!)
The point is, this is a great American capitalist success story that everyone — especially “consumer advocates” — should be celebrating. So, what does Public Knowledge president Gigi Sohn have to say?
“These trends do not bode well for consumers, despite any benefits of the moment,” she told Ars Technica.
Wait, what? Continue reading →
The Washington Post editorializes this morning on the “Google-Verizon” proposal for government regulation of the Internet:
For more than a decade, “net neutrality” — a commitment not to discriminate in the transmission of Internet content — has been a rule tacitly understood by Internet users and providers alike.
But in April, a court ruled that the Federal Communications Commission has no regulatory authority over Internet service providers. For many, this put the status quo in jeopardy. Without the threat of enforcement, might service providers start shaping the flow of traffic in ways that threaten the online meritocracy, in which new and established Web sites are equally accessible and sites rise or fall on the basis of their ability to attract viewers?
What a Washington-centric view of the world, to think that net neutrality has been maintained all this time by the fear of an FCC clubbing. Deviations from net neutrality haven’t happened because neutrality is the best, most durable engineering principle for the Internet, and because neutral is the way consumers want their Internet service.
Should it be cast in stone by regulation, locking in the pro-Google-and-Verizon status quo? No. The way the Internet works should continue to evolve, experiments with non-neutrality failing one after another . . . until perhaps one comes along that serves consumers better! The FCC would be nothing but a drag on innovation and a bulwark protecting Google and Verizon’s currently happy competitive circumstances.
I’ll give the Post one thing: It represents Washington, D.C. eminently well. The Internet should be regulated because it’s not regulated.
“If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.”
As a cyber-libertarian, I’ve been lucky enough to work with people of all ideological stripes in pursuit of various public policy objectives. I’ve made selective alliances with people on the Right on economic policy issues (like opposing Net Neutrality regulation, Internet taxes, etc) and also worked closely with folks on the Left on speech and culture issues (content controls, anonymity, online safety concerns, etc).
While engaging with with people on both sides of the political fence, I’m often struck by some of their internal inconsistencies. Conservatives, for example, talk about a big game about personal responsibility on some issues, but quickly abandon that notion when they claim media content or online speech should be regulated by the State (typically “for the children.”) In this essay, I’d like to discuss interesting inconsistencies on the political Left, especially among advocates of strong privacy regulation (most of whom tend to be Left-leaning in their worldview). In particular, here are the two things I find most interesting about modern privacy advocates:
(1) Most privacy advocates are vociferous First Amendment supporters, yet they abandon their free speech values and corresponding constitutional tests when it comes to privacy regulation. When it comes to proposals to regulate media content or online speech, most folks on the Left have a very principled, clear-cut position: people (or parents) should take responsibility for unwanted information flows in their lives (or the lives of their children). In particular, they rightly argue that the many user empowerment tools on the market (filters, monitoring software, other parental control technologies) constitute a so-called “less-restrictive means” of controlling content when compared to government regulation.
Advocacy groups that I have a great deal of respect for and work with quite closely on these issues–such as EFF, CDT and ACLU—all take this position. Generally speaking, they argue that, when it comes to speech regulation, “household standards” (user-level controls) should trump “community standards” (government regulation). And in Court—where I frequently file joint amicus briefs with them—they repeatedly employ the “less-restrictive means” test to counter government efforts to regulate information flows.
But when it comes to privacy, they throw all this out the window! Continue reading →
The Washington Post reports today on an article coming out in Foreign Affairs in which Deputy Defense Secretary William J. Lynn III reveals a successful 2008 intrusion into military computer systems. Malicious code placed on a thumb drive by a foreign intelligence agency uploaded itself onto a network run by the U.S. military’s Central Command and propagated itself across a number of domains.
The Post article says that Lynn “puts the Homeland Security Department on notice that although it has the ‘lead’ in protecting the dot.gov and dot.com domains, the Pentagon — which includes the ultra-secret National Security Agency — should support efforts to protect critical industry networks.”
The failure of the military to protect its own systems creates an argument for it to have preeminence in protecting private computer infrastructure? Perhaps the Department of Homeland Security will reveal how badly it has been hacked in order to regain the upper hand in the battle to protect us.
Emotions ran high at this week’s Privacy Identity and Innovation conference in Seattle. They usually do when the topic of privacy and technology is raised, and to me that was the real take-away from the event.
As expected, the organizers did an excellent job providing attendees with provocative panels, presentations and keynotes talks—in particular an excellent presentation from my former UC Berkeley colleague Marc Davis, who has just joined Microsoft.
Continue reading →
It sounds a little bit like the “pre-crime” unit featured in the 2002 film “Minority Report,” but news that Washington, D.C. will implement software to “predict” crime is not quite as worrisome as it might seem at first blush.
Beginning several years ago, the researchers assembled a dataset of more than 60,000 various crimes, including homicides. Using an algorithm they developed, they found a subset of people much more likely to commit homicide when paroled or probated. Instead of finding one murderer in 100, the UPenn researchers could identify eight future murderers out of 100.
Berk’s software examines roughly two dozen variables, from criminal record to geographic location. The type of crime, and more importantly, the age at which that crime was committed, were two of the most predictive variables.
Unlike applying data mining to detection of terrorism planning or preparation, which is exceedingly rare, using tens of thousands of examples of recidivism to discover predictive factors is a good way to focus supervision resources where they are most likely to be effective.
The article describes use of this software for monitoring parolees and probationers. Using data mining to justify anything approaching extra punishment would be a misuse, and many far more difficult issues would arise if it were used on the general population.
In the podcast this week, Kevin King, a recent law school graduate now clerking for a federal court of appeals, discusses his recent paper, Geolocation and Federalism on the Internet: Cutting Internet Gambling’s Gordian Knot. In his paper King uses the online gambling industry to examine conflict between federalism and the internet — the borderless nature of the internet eschews traditional models of state jurisdiction. He discusses previous attempts to regulate online gambling, conflict between internet gambling providers and the Kentucky horse betting sector, Congress’ current online gambling bill, and a solution that utilizes geolocation technology.
Related Readings
Do check out the interview, and consider subscribing to the show on iTunes. Past guests have included Clay Shirky on cognitive surplus, Nick Carr on what the internet is doing to our brains, Gina Trapani and Anil Dash on crowdsourcing, James Grimmelman on online harassment and the Google Books case, Michael Geist on ACTA, Tom Hazlett on spectrum reform, and Tyler Cowen on just about everything.
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The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.