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The Concept of “Return on Data”

This law review article by Noam Kolt, titled “Return on Data,” proposes an interesting new way of thinking of privacy law.

Abstract: Consumers routinely supply personal data to technology companies in exchange for services. Yet, the relationship between the utility (U) consumers gain and the data (D) they supply — “return on data” (ROD) — remains largely unexplored. Expressed as a ratio, ROD = U / D. While lawmakers strongly advocate protecting consumer privacy, they tend to overlook ROD. Are the benefits of the services enjoyed by consumers, such as social networking and predictive search, commensurate with the value of the data extracted from them? How can consumers compare competing data-for-services deals? Currently, the legal frameworks regulating these transactions, including privacy law, aim primarily to protect personal data. They treat data protection as a standalone issue, distinct from the benefits which consumers receive. This article suggests that privacy concerns should not be viewed in isolation, but as part of ROD. Just as companies can quantify return on investment (ROI) to optimize investment decisions, consumers should be able to assess ROD in order to better spend and invest personal data. Making data-for-services transactions more transparent will enable consumers to evaluate the merits of these deals, negotiate their terms and make more informed decisions. Pivoting from the privacy paradigm to ROD will both incentivize data-driven service providers to offer consumers higher ROD, as well as create opportunities for new market entrants.

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How Political Campaigns Use Personal Data

Really interesting report from Tactical Tech.

Data-driven technologies are an inevitable feature of modern political campaigning. Some argue that they are a welcome addition to politics as normal and a necessary and modern approach to democratic processes; others say that they are corrosive and diminish trust in already flawed political systems. The use of these technologies in political campaigning is not going away; in fact, we can only expect their sophistication and prevalence to grow. For this reason, the techniques and methods need to be reviewed outside the dichotomy of ‘good’ or ‘bad’ and beyond the headlines of ‘disinformation campaigns’.

All the data-driven methods presented in this guide would not exist without the commercial digital marketing and advertising industry. From analysing behavioural data to A/B testing and from geotargeting to psychometric profiling, political parties are using the same techniques to sell political candidates to voters that companies use to sell shoes to consumers. The question is, is that appropriate? And what impact does it have not only on individual voters, who may or may not be persuad-ed, but on the political environment as a whole?

The practice of political strategists selling candidates as brands is not new. Vance Packard wrote about the ‘depth probing’ techniques of ‘political persuaders’ as early as 1957. In his book, ‘The Hidden Persuaders’, Packard described political strategies designed to sell candidates to voters ‘like toothpaste’, and how public relations directors at the time boasted that ‘scientific methods take the guesswork out of politics’.5 In this sense, what we have now is a logical progression of the digitisation of marketing techniques and political persuasion techniques.

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Judging Facebook’s Privacy Shift

Facebook is making a new and stronger commitment to privacy. Last month, the company hired three of its most vociferous critics and installed them in senior technical positions. And on Wednesday, Mark Zuckerberg wrote that the company will pivot to focus on private conversations over the public sharing that has long defined the platform, even while conceding that “frankly we don’t currently have a strong reputation for building privacy protective services.”

There is ample reason to question Zuckerberg’s pronouncement: The company has made — and broken — many privacy promises over the years. And if you read his 3,000-word post carefully, Zuckerberg says nothing about changing Facebook’s surveillance capitalism business model. All the post discusses is making private chats more central to the company, which seems to be a play for increased market dominance and to counter the Chinese company WeChat.

In security and privacy, the devil is always in the details — and Zuckerberg’s post provides none. But we’ll take him at his word and try to fill in some of the details here. What follows is a list of changes we should expect if Facebook is serious about changing its business model and improving user privacy.

How Facebook treats people on its platform

Increased transparency over advertiser and app accesses to user data. Today, Facebook users can download and view much of the data the company has about them. This is important, but it doesn’t go far enough. The company could be more transparent about what data it shares with advertisers and others and how it allows advertisers to select users they show ads to. Facebook could use its substantial skills in usability testing to help people understand the mechanisms advertisers use to show them ads or the reasoning behind what it chooses to show in user timelines. It could deliver on promises in this area.

Better — and more usable — privacy options. Facebook users have limited control over how their data is shared with other Facebook users and almost no control over how it is shared with Facebook’s advertisers, which are the company’s real customers. Moreover, the controls are buried deep behind complex and confusing menu options. To be fair, some of this is because privacy is complex, and it’s hard to understand the results of different options. But much of this is deliberate; Facebook doesn’t want its users to make their data private from other users.

The company could give people better control over how — and whether — their data is used, shared, and sold. For example, it could allow users to turn off individually targeted news and advertising. By this, we don’t mean simply making those advertisements invisible; we mean turning off the data flows into those tailoring systems. Finally, since most users stick to the default options when it comes to configuring their apps, a changing Facebook could tilt those defaults toward more privacy, requiring less tailoring most of the time.

More user protection from stalking. “Facebook stalking” is often thought of as “stalking light,” or “harmless.” But stalkers are rarely harmless. Facebook should acknowledge this class of misuse and work with experts to build tools that protect all of its users, especially its most vulnerable ones. Such tools should guide normal people away from creepiness and give victims power and flexibility to enlist aid from sources ranging from advocates to police.

Fully ending real-name enforcement. Facebook’s real-names policy, requiring people to use their actual legal names on the platform, hurts people such as activists, victims of intimate partner violence, police officers whose work makes them targets, and anyone with a public persona who wishes to have control over how they identify to the public. There are many ways Facebook can improve on this, from ending enforcement to allowing verifying pseudonyms for everyone­ — not just celebrities like Lady Gaga. Doing so would mark a clear shift.

How Facebook runs its platform

Increased transparency of Facebook’s business practices. One of the hard things about evaluating Facebook is the effort needed to get good information about its business practices. When violations are exposed by the media, as they regularly are, we are all surprised at the different ways Facebook violates user privacy. Most recently, the company used phone numbers provided for two-factor authentication for advertising and networking purposes. Facebook needs to be both explicit and detailed about how and when it shares user data. In fact, a move from discussing “sharing” to discussing “transfers,” “access to raw information,” and “access to derived information” would be a visible improvement.

Increased transparency regarding censorship rules. Facebook makes choices about what content is acceptable on its site. Those choices are controversial, implemented by thousands of low-paid workers quickly implementing unclear rules. These are tremendously hard problems without clear solutions. Even obvious rules like banning hateful words run into challenges when people try to legitimately discuss certain important topics. Whatever Facebook does in this regard, the company needs be more transparent about its processes. It should allow regulators and the public to audit the company’s practices. Moreover, Facebook should share any innovative engineering solutions with the world, much as it currently shares its data center engineering.

Better security for collected user data. There have been numerous examples of attackers targeting cloud service platforms to gain access to user data. Facebook has a large and skilled product security team that says some of the right things. That team needs to be involved in the design trade-offs for features and not just review the near-final designs for flaws. Shutting down a feature based on internal security analysis would be a clear message.

Better data security so Facebook sees less. Facebook eavesdrops on almost every aspect of its users’ lives. On the other hand, WhatsApp — purchased by Facebook in 2014 — provides users with end-to-end encrypted messaging. While Facebook knows who is messaging whom and how often, Facebook has no way of learning the contents of those messages. Recently, Facebook announced plans to combine WhatsApp, Facebook Messenger, and Instagram, extending WhatsApp’s security to the consolidated system. Changing course here would be a dramatic and negative signal.

Collecting less data from outside of Facebook. Facebook doesn’t just collect data about you when you’re on the platform. Because its “like” button is on so many other pages, the company can collect data about you when you’re not on Facebook. It even collects what it calls “shadow profiles” — data about you even if you’re not a Facebook user. This data is combined with other surveillance data the company buys, including health and financial data. Collecting and saving less of this data would be a strong indicator of a new direction for the company.

Better use of Facebook data to prevent violence. There is a trade-off between Facebook seeing less and Facebook doing more to prevent hateful and inflammatory speech. Dozens of people have been killed by mob violence because of fake news spread on WhatsApp. If Facebook were doing a convincing job of controlling fake news without end-to-end encryption, then we would expect to hear how it could use patterns in metadata to handle encrypted fake news.

How Facebook manages for privacy

Create a team measured on privacy and trust. Where companies spend their money tells you what matters to them. Facebook has a large and important growth team, but what team, if any, is responsible for privacy, not as a matter of compliance or pushing the rules, but for engineering? Transparency in how it is staffed relative to other teams would be telling.

Hire a senior executive responsible for trust. Facebook’s current team has been focused on growth and revenue. Its one chief security officer, Alex Stamos, was not replaced when he left in 2018, which may indicate that having an advocate for security on the leadership team led to debate and disagreement. Retaining a voice for security and privacy issues at the executive level, before those issues affected users, was a good thing. Now that responsibility is diffuse. It’s unclear how Facebook measures and assesses its own progress and who might be held accountable for failings. Facebook can begin the process of fixing this by designating a senior executive who is responsible for trust.

Engage with regulators. Much of Facebook’s posturing seems to be an attempt to forestall regulation. Facebook sends lobbyists to Washington and other capitals, and until recently the company sent support staff to politician’s offices. It has secret lobbying campaigns against privacy laws. And Facebook has repeatedly violated a 2011 Federal Trade Commission consent order regarding user privacy. Regulating big technical projects is not easy. Most of the people who understand how these systems work understand them because they build them. Societies will regulate Facebook, and the quality of that regulation requires real education of legislators and their staffs. While businesses often want to avoid regulation, any focus on privacy will require strong government oversight. If Facebook is serious about privacy being a real interest, it will accept both government regulation and community input.

User privacy is traditionally against Facebook’s core business interests. Advertising is its business model, and targeted ads sell better and more profitably — and that requires users to engage with the platform as much as possible. Increased pressure on Facebook to manage propaganda and hate speech could easily lead to more surveillance. But there is pressure in the other direction as well, as users equate privacy with increased control over how they present themselves on the platform.

We don’t expect Facebook to abandon its advertising business model, relent in its push for monopolistic dominance, or fundamentally alter its social networking platforms. But the company can give users important privacy protections and controls without abandoning surveillance capitalism. While some of these changes will reduce profits in the short term, we hope Facebook’s leadership realizes that they are in the best long-term interest of the company.

Facebook talks about community and bringing people together. These are admirable goals, and there’s plenty of value (and profit) in having a sustainable platform for connecting people. But as long as the most important measure of success is short-term profit, doing things that help strengthen communities will fall by the wayside. Surveillance, which allows individually targeted advertising, will be prioritized over user privacy. Outrage, which drives engagement, will be prioritized over feelings of belonging. And corporate secrecy, which allows Facebook to evade both regulators and its users, will be prioritized over societal oversight. If Facebook now truly believes that these latter options are critical to its long-term success as a company, we welcome the changes that are forthcoming.

This essay was co-authored with Adam Shostack, and originally appeared on Medium OneZero. We wrote a similar essay in 2002 about judging Microsoft’s then newfound commitment to security.

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Your Personal Data is Already Stolen

In an excellent blog post, Brian Krebs makes clear something I have been saying for a while:

Likewise for individuals, it pays to accept two unfortunate and harsh realities:

Reality #1: Bad guys already have access to personal data points that you may believe should be secret but which nevertheless aren’t, including your credit card information, Social Security number, mother’s maiden name, date of birth, address, previous addresses, phone number, and yes ­ even your credit file.

Reality #2: Any data point you share with a company will in all likelihood eventually be hacked, lost, leaked, stolen or sold ­ usually through no fault of your own. And if you’re an American, it means (at least for the time being) your recourse to do anything about that when it does happen is limited or nil.

[…]

Once you’ve owned both of these realities, you realize that expecting another company to safeguard your security is a fool’s errand, and that it makes far more sense to focus instead on doing everything you can to proactively prevent identity thieves, malicious hackers or other ne’er-do-wells from abusing access to said data.

His advice is good.

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Privacy and Security of Data at Universities

Interesting paper: “Open Data, Grey Data, and Stewardship: Universities at the Privacy Frontier,” by Christine Borgman:

Abstract: As universities recognize the inherent value in the data they collect and hold, they encounter unforeseen challenges in stewarding those data in ways that balance accountability, transparency, and protection of privacy, academic freedom, and intellectual property. Two parallel developments in academic data collection are converging: (1) open access requirements, whereby researchers must provide access to their data as a condition of obtaining grant funding or publishing results in journals; and (2) the vast accumulation of “grey data” about individuals in their daily activities of research, teaching, learning, services, and administration. The boundaries between research and grey data are blurring, making it more difficult to assess the risks and responsibilities associated with any data collection. Many sets of data, both research and grey, fall outside privacy regulations such as HIPAA, FERPA, and PII. Universities are exploiting these data for research, learning analytics, faculty evaluation, strategic decisions, and other sensitive matters. Commercial entities are besieging universities with requests for access to data or for partnerships to mine them. The privacy frontier facing research universities spans open access practices, uses and misuses of data, public records requests, cyber risk, and curating data for privacy protection. This Article explores the competing values inherent in data stewardship and makes recommendations for practice by drawing on the pioneering work of the University of California in privacy and information security, data governance, and cyber risk.

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Are the Police Using Smart-Home IoT Devices to Spy on People?

IoT devices are surveillance devices, and manufacturers generally use them to collect data on their customers. Surveillance is still the business model of the Internet, and this data is used against the customers’ interests: either by the device manufacturer or by some third party the manufacturer sells the data to. Of course, this data can be used by the police as well; the purpose depends on the country.

None of this is new, and much of it was discussed in my book Data and Goliath. What is common is for Internet companies is to publish “transparency reports” that give at least general information about how police are using that data. IoT companies don’t publish those reports.

TechCrunch asked a bunch of companies about this, and basically found that no one is talking.

Boing Boing post.

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Privacy for Tigers

Ross Anderson has some new work:

As mobile phone masts went up across the world’s jungles, savannas and mountains, so did poaching. Wildlife crime syndicates can not only coordinate better but can mine growing public data sets, often of geotagged images. Privacy matters for tigers, for snow leopards, for elephants and rhinos ­ and even for tortoises and sharks. Animal data protection laws, where they exist at all, are oblivious to these new threats, and no-one seems to have started to think seriously about information security.

Video here.

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California Passes New Privacy Law

The California legislature unanimously passed the strongest data privacy law in the nation. This is great news, but I have a lot of reservations. The Internet tech companies pressed to get this law passed out of self-defense. A ballot initiative was already going to be voted on in November, one with even stronger data privacy protections. The author of that initiative agreed to pull it if the legislature passed something similar, and that’s why it did. This law doesn’t take effect until 2020, and that gives the legislature a lot of time to amend the law before it actually protects anyone’s privacy. And a conventional law is much easier to amend than a ballot initiative. Just as the California legislature gutted its net neutrality law in committee at the behest of the telcos, I expect it to do the same with this law at the behest of the Internet giants.

So: tentative hooray, I guess.

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Facebook and Cambridge Analytica

In the wake of the Cambridge Analytica scandal, news articles and commentators have focused on what Facebook knows about us. A lot, it turns out. It collects data from our posts, our likes, our photos, things we type and delete without posting, and things we do while not on Facebook and even when we’re offline. It buys data about us from others. And it can infer even more: our sexual orientation, political beliefs, relationship status, drug use, and other personality traits — even if we didn’t take the personality test that Cambridge Analytica developed.

But for every article about Facebook’s creepy stalker behavior, thousands of other companies are breathing a collective sigh of relief that it’s Facebook and not them in the spotlight. Because while Facebook is one of the biggest players in this space, there are thousands of other companies that spy on and manipulate us for profit.

Harvard Business School professor Shoshana Zuboff calls it “surveillance capitalism.” And as creepy as Facebook is turning out to be, the entire industry is far creepier. It has existed in secret far too long, and it’s up to lawmakers to force these companies into the public spotlight, where we can all decide if this is how we want society to operate and — if not — what to do about it.

There are 2,500 to 4,000 data brokers in the United States whose business is buying and selling our personal data. Last year, Equifax was in the news when hackers stole personal information on 150 million people, including Social Security numbers, birth dates, addresses, and driver’s license numbers.

You certainly didn’t give it permission to collect any of that information. Equifax is one of those thousands of data brokers, most of them you’ve never heard of, selling your personal information without your knowledge or consent to pretty much anyone who will pay for it.

Surveillance capitalism takes this one step further. Companies like Facebook and Google offer you free services in exchange for your data. Google’s surveillance isn’t in the news, but it’s startlingly intimate. We never lie to our search engines. Our interests and curiosities, hopes and fears, desires and sexual proclivities, are all collected and saved. Add to that the websites we visit that Google tracks through its advertising network, our Gmail accounts, our movements via Google Maps, and what it can collect from our smartphones.

That phone is probably the most intimate surveillance device ever invented. It tracks our location continuously, so it knows where we live, where we work, and where we spend our time. It’s the first and last thing we check in a day, so it knows when we wake up and when we go to sleep. We all have one, so it knows who we sleep with. Uber used just some of that information to detect one-night stands; your smartphone provider and any app you allow to collect location data knows a lot more.

Surveillance capitalism drives much of the internet. It’s behind most of the “free” services, and many of the paid ones as well. Its goal is psychological manipulation, in the form of personalized advertising to persuade you to buy something or do something, like vote for a candidate. And while the individualized profile-driven manipulation exposed by Cambridge Analytica feels abhorrent, it’s really no different from what every company wants in the end. This is why all your personal information is collected, and this is why it is so valuable. Companies that can understand it can use it against you.

None of this is new. The media has been reporting on surveillance capitalism for years. In 2015, I wrote a book about it. Back in 2010, the Wall Street Journal published an award-winning two-year series about how people are tracked both online and offline, titled “What They Know.”

Surveillance capitalism is deeply embedded in our increasingly computerized society, and if the extent of it came to light there would be broad demands for limits and regulation. But because this industry can largely operate in secret, only occasionally exposed after a data breach or investigative report, we remain mostly ignorant of its reach.

This might change soon. In 2016, the European Union passed the comprehensive General Data Protection Regulation, or GDPR. The details of the law are far too complex to explain here, but some of the things it mandates are that personal data of EU citizens can only be collected and saved for “specific, explicit, and legitimate purposes,” and only with explicit consent of the user. Consent can’t be buried in the terms and conditions, nor can it be assumed unless the user opts in. This law will take effect in May, and companies worldwide are bracing for its enforcement.

Because pretty much all surveillance capitalism companies collect data on Europeans, this will expose the industry like nothing else. Here’s just one example. In preparation for this law, PayPal quietly published a list of over 600 companies it might share your personal data with. What will it be like when every company has to publish this sort of information, and explicitly explain how it’s using your personal data? We’re about to find out.

In the wake of this scandal, even Mark Zuckerberg said that his industry probably should be regulated, although he’s certainly not wishing for the sorts of comprehensive regulation the GDPR is bringing to Europe.

He’s right. Surveillance capitalism has operated without constraints for far too long. And advances in both big data analysis and artificial intelligence will make tomorrow’s applications far creepier than today’s. Regulation is the only answer.

The first step to any regulation is transparency. Who has our data? Is it accurate? What are they doing with it? Who are they selling it to? How are they securing it? Can we delete it? I don’t see any hope of Congress passing a GDPR-like data protection law anytime soon, but it’s not too far-fetched to demand laws requiring these companies to be more transparent in what they’re doing.

One of the responses to the Cambridge Analytica scandal is that people are deleting their Facebook accounts. It’s hard to do right, and doesn’t do anything about the data that Facebook collects about people who don’t use Facebook. But it’s a start. The market can put pressure on these companies to reduce their spying on us, but it can only do that if we force the industry out of its secret shadows.

This essay previously appeared on CNN.com.

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