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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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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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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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TSB Bank Disaster

This seems like an absolute disaster:

The very short version is that a UK bank, TSB, which had been merged into and then many years later was spun out of Lloyds Bank, was bought by the Spanish bank Banco Sabadell in 2015. Lloyds had continued to run the TSB systems and was to transfer them over to Sabadell over the weekend. It’s turned out to be an epic failure, and it’s not clear if and when this can be straightened out.

It is bad enough that bank IT problem had been so severe and protracted a major newspaper, The Guardian, created a live blog for it that has now been running for two days.

The more serious issue is the fact that customers still can’t access online accounts and even more disconcerting, are sometimes being allowed into other people’s accounts, says there are massive problems with data integrity. That’s a nightmare to sort out.

Even worse, the fact that this situation has persisted strongly suggests that Lloyds went ahead with the migration without allowing for a rollback.

This seems to be a mistake, and not enemy action.

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Yacht Security

Turns out, multi-million dollar yachts are no more secure than anything else out there:

The ease with which ocean-going oligarchs or other billionaires can be hijacked on the high seas was revealed at a superyacht conference held in a private members club in central London this week.

[…]

Murray, a cybercrime expert at BlackBerry, was demonstrating how criminal gangs could exploit lax data security on superyachts to steal their owners’ financial information, private photos ­ and even force the yacht off course.

I’m sure it was a surprise to the yacht owners.

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New Rules on Data Privacy for Non-US Citizens

Last week, President Trump signed an executive order affecting the privacy rights of non-US citizens with respect to data residing in the US.

Here’s the relevant text:

Privacy Act. Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information.

At issue is the EU-US Privacy Shield, which is the voluntary agreement among the US government, US companies, and the EU that makes it possible for US companies to store Europeans’ data without having to follow all EU privacy requirements.

Interpretations of what this means are all over the place: from extremely serious, to more measured, to don’t worry and we still have PPD-28.

This is clearly still in flux. And, like pretty much everything so far in the Trump administration, we have no idea where this is headed.

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Indiana's Voter Registration Data Is Frighteningly Insecure

You can edit anyone’s information you want:

The question, boiled down, was haunting: Want to see how easy it would be to get into someone’s voter registration and make changes to it? The offer from Steve Klink — a Lafayette-based public consultant who works mainly with Indiana public school districts — was to use my voter registration record as a case study.

Only with my permission, of course.

“I will not require any information from you,” he texted. “Which is the problem.”

Turns out he didn’t need anything from me. He sent screenshots of every step along the way, as he navigated from the “Update My Voter Registration” tab at the Indiana Statewide Voter Registration System maintained since 2010 at www.indianavoters.com to the blank screen that cleared the way for changes to my name, address, age and more.

The only magic involved was my driver’s license number, one of two log-in options to make changes online. And that was contained in a copy of every county’s voter database, a public record already in the hands of political parties, campaigns, media and, according to Indiana open access laws, just about anyone who wants the beefy spreadsheet.

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