And in case you’re wondering, your privacy don’t matter one whit.
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Technology and Privacy
Planned Economy, Privacy Problems
If someone asked you what’s wrong with a planned economy, your first answer might not be “privacy.” But it should be. For proof, look no further than the financial regulation bill the Senate is debating. Its 1,400 pages contain strong prescriptions for a government-micromanaged economy—and the undoing of your financial privacy. Here’s a look at some of the personal data collection this revamp of financial services regulation will produce.
The “Office of Financial Research” (sec. 152) will have a “Data Center” (sec. 154) that requires submisson of data on any financial activity that poses a threat to financial stability.
Use your noggin, now: Will government researchers know in advance what might cause financial instability? Will they home in on precisely that? No.
This is government entrée into any financial activities federal bureaucrats suspect might cause instability. It’s carte blanche to examine all financial transactions—including yours. (Confidentiality rules? The better view is that privacy is lost when the government takes data from your control, but we’ll come back to confidentiality.)
The Office of Financial Research is also a sop to industry. Morgan Stanley estimates that it will save the company 20 to 30 percent of its operating costs. The advocates for this bureaucracy want to replace the competitive environment for financial data with a uniform government data platform. Students of technology will instantly recognize what this data monoculture means: If the government’s data and assumptions are bad, everyone’s data and assumptions are bad, and all players in the financial services system fall together. The Office of Financial Research itself poses a threat to financial stability.
But all that’s about money. On with privacy…
The “Bureau of Consumer Financial Protection” (sec. 1011) in the bill is another beetle boring into your personal financial life. Among its mandates is to “gather information … regarding the organization, business conduct, markets, and activities of persons operating in consumer financial services markets” (sec. 1022(c)(4)).
In case you’re wondering, the definition of “person” includes “an individual” (sec. 1002(17)). The Bureau of Consumer Financial Protection can investigate your business conduct and activities.
Come now. All this private data gathering can’t possibly be what they mean to do, can it?
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HouseLive.gov Video: Wait and See
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The potential of streaming video from the House of Representatives is so great that my first impression of the House’s new video offering, HouseLive.gov, has been disappointment. There is much room to improve HouseLive.gov, and I hope it will improve.
At first, I couldn’t find any video that was actually live. (That would inject a bit of irony into the name, eh?) But there is live video: On the homepage, scroll down to the top of the “Most Recent Sessions” chart. If the top of the list has an item called “In Progress,” the House is in session. Clicking the video link will get you live video from the House floor.
(Don’t be fooled by the “Subscribe to Live Feeds” box. Those are RSS feeds, which are “live”—as in regularly updated. They’re not live video or audio.)
Most people will probably access this from the House clerk’s familiar “Floor Summary” page, which has near-real-time updates about House activity. But that page says “Streaming video is not available for this session.” That’s a hiccup that should be easy to fix.
Selecting a past day, one can watch the video of that day, but in my early tests, you had to watch the video from the beginning. I don’t think many people are going to watch 10 hours of video to pick up their representative’s remarks on the bill to congratulate Camp Dudley of Westport, New York, on its 125th anniversary.
I’ve been testing in Firefox. In Internet Explorer, I got some links that do things. It appears you will be able to navigate around a day’s video based on the activity of the House. That is, you can jump to where the House began debate on the Camp Dudley bill.
Hopefully, the system will work in standards-compliant browsers, not only Microsoft’s. I note that the video currently plays only in Windows Media Player or Microsoft’s Silverlight. I’ll leave it to friends better versed in video to critique the selection of formats, but I have doubts about these two as being the best, and most open, available.
Beyond junctures in House debate, there should be more tagging to make the video useful. Not only should you be able to navigate via House activity, you should be able to navigate by bill number, and by member of Congress.
When you do navigate around, I don’t see that the “share” link changes. This needs fixing so that people can direct friends and colleagues to key portions of debates. In fact, you should be able to link to any point in the video. Ideally, there should be an embed function that allows defined segments of video to go into blog posts and such. That latter one is a big ask, but Congress is a big, important institution.
It’s early yet. Maybe these things are in the works or on the drawing board. Rolling HouseLive.go out in “beta,” getting feedback, and fixing it is A‑OK. But sometimes government agencies set a course and have a hard time changing after that. The Thomas legislative system, brilliant as it was for 1995, still isn’t publishing bill data in good formats, and a private provider has had to take up the slack.
HouseLive.gov is better than nothing. It can be much, much better than it is.
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Well-Worn Ideological Grooves II
The Consumerist relates the story of a potential Verizon customer who grew frustrated with his inability to get its high-speed FiOS Internet service. After resorting to emailing the CEO of the company, his service was promptly installed.
“Verizon is a corporation who cares about their customers and not only about the bottom line,” wrote the newly happy customer.
Now ask yourself: Just how separable are “caring for customers” and “the bottom line”?
It’s interesting that many people’s ideological grooves have these concepts in opposition. But business owners know how much time they spend slavishly trying to please customers—because that affects their bottom lines. When big businesses do it badly, that affects their bottom lines and invites competition.
(Needless to say, the telecommunications area needs more competition, to bring customer service and bottom lines closer together).
See also: Well-Worn Ideological Grooves I
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EPIC: Suspend Airport Body Scanners
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Last week, the Electronic Privacy Information Center released a petition from a group it spearheaded, asking the Department of Homeland Security to suspend deployment of whole-body imaging (aka “strip-search machines”) at airports.
The petition is a thorough attack on the utility of the machines, the process (or lack of process) by which DHS has moved forward on deployment, and the suitability of the privacy protections the agency has claimed for the machines and computers that display denuded images of air travelers.
The petition sets up a variety of legal challenges to the use of the machines and the process DHS has used in deploying them.
Whole-body imaging was in retreat in the latter part of last year when an amendment to severely limit their use passed the House of Representatives. The December 25 terror attempt, in which a quantity of explosives was smuggled aboard a U.S.-bound airplane in a passenger’s underpants, gave the upper hand to the strip-search machines. But the DHS has moved forward precipitously with detection technology before, wasting millions of dollars. It may be doing so again.
My current assessment remains that strip-search machines provide a small margin of security at a very high risk to privacy. TSA efforts to control privacy risks have been welcome, though they may not be enough. The public may rationally judge that the security gained is not worth the privacy lost.
Wouldn’t it be nice if decisions about security were handled in a voluntary rather than a coercive environment? With airlines providing choice to consumers about security and privacy trade-offs? As it is, with government-run airline security, all will have to abide by the choices of the group that “wins” the debate.
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Fact-Checking “Cyberwar”
Wired’s Ryan Singel has given a read to Cyberwar, the new cybersecurity book by Richard Clarke and Robert Knake. (I picked out a potential example of actual cyberwarfare in a Glenn Reynolds review of the book last week.)
Singel—a journalist who has been a sophisticated reporter of computer security issues for years now—is not impressed with the book or the reviews it has gotten. In his review, Richard Clarke’s Cyberwar: File Under Fiction, he writes:
So much of Clarke’s evidence is either easily debunked with a Google search, or so defies common sense, that you’d think reviewers of the book would dismiss it outright. Instead, they seem content to quote the book liberally and accept his premise that cyberwar could flatten the United States, and no one in power cares at all. Of course, the debunking would be easier if the book had footnotes or endnotes, but neither are included — Revelation doesn’t need sources.
It’s brief enough, and refreshing enough. I say read the whole thing.
Sober assessments of computer, network, and data security are far less interesting than the thrillers that would drive Washington policymakers to overreact. This report in Government Computer News, for example, relates the findings of a recent Symantec report on threats to government systems and gives reason to settle down about cyberthreats from China.
China was the top country of origin for attacks against the government sector in 2009, accounting for 14 percent of the total, but too much should not be read into that statistic. The apparent country of origin says little about who actually is behind an attack, said Dean Turner, director of Symantec’s Global Intelligence Network.
China’s ranking is due primarily to the large number of computers in the country, Turner said. Less than a quarter of attacks originating in China were directed at government targets, while more than 48 percent of attacks from Brazil — No. 3 on the hit list — were directed at government. This makes it unlikely that China is specifically targeting government systems.
Compromised computers that are the apparent source of attacks often are controlled from elsewhere, and an attack apparently emanating from China does not necessarily mean that the Chinese government, or even anyone in China, is behind it. Attribution of attacks is notoriously difficult, and statistics do not necessarily indicate that the United States is under cyberattack by China. In fact, the United States ranked second in origin of government attacks in 2009, accounting for 11 percent.
(Symantec is a vendor to governments, so naturally prone to threat inflation itself. GCN reporter William Jackson deserves credit for the sobriety of the story.)
Cybersecurity-related fearmongering could drive unnecessary dischord between the United States and China, leading to actual conflict where none is warranted. Singel again:
[A]rtists of exaggeration … seem to think spinning tall tales is the only way to make bureaucracies move in the right direction. But yelling “Cyberwar” in a crowded internet is not without consequence. Not only does it promote unnecessary fear, it feeds the forces of parochial nationalism and militarism — undermining a communications system that has arguably done more to connect the world’s citizens than the last 50 years of diplomacy.
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McCotter’s Plan to Expand DMCA-Style Take-Downs
The “Cyber Privacy Act”? No it ain’t!
Michigan Representative Thaddeus McCotter (R) has introduced a bill to create a take-down regime for personal information akin to the widely abused DMCA process. The Digital Millennium Copyright Act established a system where copyright holders could as a practical matter force content off the Internet simply by requesting it.
McCotter’s proposal would similarly regulate every Internet site that has a comment section. He thinks it’s going to protect privacy, but he’s sorely mistaken. Its passage would undermine privacy and limit free speech.
I’ll take you through how McCotter’s gotten it wrong.
The operative language of H.R. 5108 is:
Any Internet website that makes available to the public personal information of individuals shall–
(1) provide, in a clear and conspicuous location on the Internet website, a means for individuals whose personal information it contains to request the removal of such information; and
(2) promptly remove the personal information of any individual who requests its removal.
The Federal Trade Commission would enforce the failure to abide by requests as it does unfair and deceptive trade practices. (Meaning: penalties.)
So if someone posts his or her name in a comment section and later regrets it, the operator of that web site would have to take it down. Sounds nice—and that is the right thing for webmasters to do when the circumstances warrant. But what about when they don’t?