Articles by Jim Harper

Jim HarperJim is the Director of Information Policy Studies at The Cato Institute, the Editor of Web-based privacy think-tank Privacilla.org, and the Webmaster of WashingtonWatch.com. Prior to becoming a policy analyst, Jim served as counsel to committees in both the House and Senate.


. . . is not in doubt. But as technology advances, it will not be as strong an identifier as it has been up to now. Scientists have demonstrated that they can fabricate it.

I wrote about the qualities of identifiers – fixity, distinctiveness, and permanence – in my book Identity Crisis. The ability to fabricate DNA renders it slightly less distinctive.

Jeff Jonas has published an important post: “Your Movements Speak for Themselves: Space-Time Travel Data is Analytic Super-Food!”

More than you probably realize, your mobile device is a digital sensor, creating records of your whereabouts and movements:

Mobile devices in America are generating something like 600 billion geo-spatially tagged transactions per day. Every call, text message, email and data transfer handled by your mobile device creates a transaction with your space-time coordinate (to roughly 60 meters accuracy if there are three cell towers in range), whether you have GPS or not. Got a Blackberry? Every few minutes, it sends a heartbeat, creating a transaction whether you are using the phone or not. If the device is GPS-enabled and you’re using a location-based service your location is accurate to somewhere between 10 and 30 meters. Using Wi-Fi? It is accurate below 10 meters.

The process of deploying this data to markedly improve our lives is underway. A friend of Jonas’ says that space-time travel data used to reveal traffic tie-ups shaves two to four hours off his commute each week. When it is put to full use, “the world we live in will fundamentally change. Organizations and citizens alike will operate with substantially more efficiency. There will be less carbon emissions, increased longevity, and fewer deaths.”

This progress is not without cost:

Continue reading →

transparency-reality-checkIn a couple of blog posts on Cato@Liberty recently, I’ve used graphics to illustrate my very good points.

To sass the PR-ey use of Whitehouse.gov to advocate for health care regulation, and make a point or two about transparency, I modified the “Reality Check” image the White House created for their campaign. That was a good time.

But the tour de force is the link that I embedded with a TSA graphic meant to illustrate what they’re doing with Secure Flight. For that one, you have to go look at the post. Read the graphic, enjoy its meaning, then do what it tells you to do.

I was very pleased to read in Federal Computer Week this morning that the Office of Management and Budget will begin tracking earmark requests next year for the fiscal 2011 budget cycle.

OMB makes available some years’ approved earmarks, but not the earmark requests put forward by members of Congress. Tracking and publishing requests will shed light on the whole ecosystem of congressional earmarks—the favor factory, if you will.

OMB’s move follows a project WashingtonWatch.com has conducted this summer: asking the public to plug earmark disclosures into a database. The site now maps over 20,000 earmarks. (Well, technically, that much data breaks the mapping tool, but you can see state-by-state earmark maps.)

Earlier this year, the House and Senate Appropriations Committees required their members to disclose earmark requests. These disclosures—published as Web pages and PDF documents—were not useful, but public interest in this area is strong, and the public made them useful by entering them into WashingtonWatch.com’s database.

The project isn’t over, by the way, and the current focus is collecting earmarks requested by Appropriations Committee members.

It’s great news that next year the Obama Administration will track and disclose earmarks, from request all the way through to enactment. Given his struggle in the area lately, this is a chance to score some transparency points. President Obama campaigned against earmarks, promising reform, and this is an important step toward delivering on that promise.

Today’s Washington Post has a story entitled U.S. Web-Tracking Plan Stirs Privacy Fears. It’s about the reversal of an ill-conceived policy adopted nine years ago to limit the use of cookies on federal Web sites.

In case you don’t already know this, a cookie is a short string of text that a server sends a browser when the browser accesses a Web page. Cookies allow servers to recognize returning users so they can serve up customized, relevant content, including tailored ads. Think of a cookie as an eyeball – who do you want to be able to see that you visited a Web site?

Your browser lets you control what happens with the cookies offered by the sites you visit. You can issue a blanket refusal of all cookies, you can accept all cookies, and you can decide which cookies to accept based on who is offering them. Here’s how:

  • Internet Explorer: Tools > Internet Options > “Privacy” tab > “Advanced” button: Select “Override automatic cookie handling” and choose among the options, then hit “OK,” and next “Apply.”

I recommend accepting first-party cookies – offered by the sites you visit – and blocking third-party cookies – offered by the content embedded in those sites, like ad networks. (I suspect Berin disagrees!) Or ask to be prompted about third-party cookies just to see how many there are on the sites you visit. If you want to block or allow specific sites, select the “Sites” button to do so. If you selected “Prompt” in cookie handling, your choices will populate the “Sites” list.

  • Firefox: Tools > Options > “Privacy” tab: In the “cookies” box, choose among the options, then hit “OK.”

I recommend checking “Accept cookies from sites” and leaving unchecked “Accept third party cookies.” Click the “Exceptions” button to give site-by-site instructions.

There are many other things you can do to protect your online privacy, of course. Because you can control cookies, a government regulation restricting cookies is needless nannying. It may marginally protect you from government tracking – they have plenty of other methods, both legitimate and illegitimate – but it won’t protect you from tracking by others, including entities who may share data with the government.

The answer to the cookie problem is personal responsibility. Did you skip over the instructions above? The nation’s cookie problem is your fault.

If society lacks awareness of cookies, Microsoft (Internet Explorer), the Mozilla Foundation (Firefox), and producers of other browsers (Apple/Safari, Google/Chrome) might consider building cookie education into new browser downloads and updates. Perhaps they should set privacy-protective defaults. That’s all up to the community of Internet users, publishers, and programmers to decide, using their influence in the marketplace. (I suspect Berin is against it!)

Artificially restricting cookies on federal Web sites needlessly hamstrings federal Web sites. When the policy was instituted it threatened to set a precedent for broader regulation of cookie use on the Web. Hopefully, the debate about whether to regulate cookies is over, but further ‘Net nannying is a constant offering of the federal government (and other elitists).

By moving away from the stultifying limitation on federal cookies, the federal government acknowledges that American grown-ups can and should look out for their own privacy.

Google’s New Opt-Opt

by on August 11, 2009 · 6 comments

You want privacy, do ya’?


Google Opt Out Feature Lets Users Protect Privacy By Moving To Remote Village

Shop TechDirt

by on July 20, 2009 · 12 comments

If you’re like me, you’ve really connected with TechDirt over the years – really become a fan. You’re looking for a way to express your appreciation for the good work they do, and show others that you’re a smart, forward-thinking person.

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The WashingtonWatch.com blog is entering its second year.

I previously lauded the Sunlight Foundation for its intention to bid on the contract for updating Recovery.gov. There’s been extensive excessive discussion of it on the Open House Project Google group.

The general theme among the one or two critics has been “leave the incompetence to the experts.” They’ve been a bit curmedgeonly, frankly.

But an informative and balanced comment highlights the practice of “wiring” government contracts. The contracting authority gets together with the preferred contractor and they collaborate to make it very difficult for anyone else to win the bid.

Well, that’s why Sunlight’s bid is so interesting and different. As I said, “[T]he contract award will now be subject to public scrutiny. Value-for-dollar to the taxpayer will be easily discernible, and that will raise the political risk if the contract is awarded based on cronyism or go-with-whatchya-knowism.”

Government contracting officials aren’t used to encountering public scrutiny and political risk for their award decisions. They’re going to experience it here, and they should get used to it for the long haul. I am eager – nay, giddy! – to report on what happens.

Kudos, and carry on, Sunlight.

. . . is for the group being convened by the Sunlight Foundation to do it. Pitch in if you can. Pass the word.

I think Sunlight stands a pretty good chance, simply because the contract award will now be subject to public scrutiny. Value-for-dollar to the taxpayer will be easily discernible, and that will raise the political risk if the contract is awarded based on cronyism or go-with-whatchya-knowism.

Kudos to Sunlight for taking this bold and fun step!