Posts about privacy

The privacy industry: Scare and sell

At two privacy conferences—one in New York, the other right now in Victoria, B.C.—I’ve watched the growth of privacy’s regulatory/industrial complex and seen its strategy in action: scare, then sell.

Yesterday, before I spoke at the Reboot conference, the privacy commissioner for the province, Elizabeth Denham, got up to demonize the social net and its leaders. She said that Google’s Eric Schmidt believes privacy is not relevant anymore, citing his jokes about changing our names at age 21. She belittled Mark Zuckerberg, too. She bragged about helping to bring Facebook to accounts when she was in the federal privacy office. And she gloated about the fizzle of Google Buzz. Then she boasted about adding more regulators to her office and getting more resources. Scare and spend.

At a later panel, I saw a vendor go through his PowerPoint showing the growth of so many outlets of social media. He said 500 million people were using Facebook. Then he paused … dramatically. Then he said, “scary.” Why is that scary? He didn’t say. He talked about watching YouTube videos as if that could be harmful in and of itself. How? He didn’t say. That’s how the discussion of the social web has advanced in this industry: all you have to do is say people are using these mysterious tools and the fear is assumed. But then he sold his service. Scare, then sell.

I spoke with the head of an association of chief privacy officers. Boy, I said, I’ll bet your membership is growing. In increments of a thousand, he said. He also noted how the growth in the U.S. is in privacy officers while in Europe it’s in privacy regulators.

I saw the two come together at the other conference, MediaBistro’s in New York, when the head of a privacy advocacy organization issued his fearsome spectres for the crowd of companies and regulators. It becomes a self-powering machine: The privacy advocate feeds the regulators arguments to be scared and regulate more, then companies think they need more privacy services, and more companies are born to provide them—companies that set up booths here in Victoria. One handed out a slick magazine with the big cover billing: “Social Media RISKS: Four Areas You Must Examine At Your Company.”

In the draft of my book Public Parts—which I’m furiously editing now—I had not gone after privacy’s regulatory/industrial complex. I’m trying hard not to pit privacy and publicness against each other as they are not binary; one depends upon the other in a continuum of choices we all make.

But the emergence of Privacy, Inc., as a industry built on scaring people is beginning to scare me.

In my talk yesterday, I warned of unintended consequences of too much regulation enacted too quickly. I cited Germany’s Verpixelungsrecht, its blurring of images in Google Street View and the precedent that sets for others taking pictures in public of public views.

I also worry that efforts to bring in a Do Not Track list and other demonization of ad targeting could cripple the revenue of the media and news industries even as they struggle to find sustainability; it could kill news outlets and reduce journalism.

At the final panel I attended, moderated by Denham, I saw execs from trade groups and Yahoo as well as a reasonable friend from Ottawa’s privacy office talk about meaningful efforts that are being made to be more transparent about advertising, which—lord knows—is needed.

The ad and media industries have been damned fools, not being open enough about what they do and how they do it and the value that comes to them—in higher ad rates—and much more importantly to the public—in relevance (and less noise). But Yahoo showed off a good tool to see and change how you are being targeted. The Canadian Interactive Advertising Bureau put forward a good framework for self-regulation. FutureOfPrivacy.org gave good advice about seeing past tools and disclosures and making advertising actually worthwhile for consumers.

Denham, to her credit, asked the panel to define bad regulation. They said it’s taking a narrow issue and using broad strokes to regulate it, doing collateral damage. She came to the view of regulation I’ve learned from danah boyd: that we need to concentrate on controlling use of data more than the gathering of it. (It’s illogical, indeed impossible, to tell people what they may not know; it’s logical and feasible to tell them what they may not do with what they know.)

So at the end of the day, I felt a bit better. But I fear that the reasonable and necessary moves to protect privacy—and it does need protection—won’t be able to outrun the fear strategy. For fear is building a new industry, a very fast-growing industry.

: Here’s Mathew Ingram’s GigaOm report on my talk with a brief chat. I hope to be able to post the talk itself soon.

The kids are all right

Yesterday, I held a session on privacy and publicness as part of a news literacy event held at Baruch’s journalism school, intending to exploit these young people by interviewing them — rather than lecturing them — for my book on publicness and privacy. I came away greatly heartened about the wisdom and savvy of the NYC teens I heard from there.

I started the day, though, depressed as GMA weekend anchor Ron Claiborne delivered a propagandistic defense of all things professional, closed, and corporate in journalism and an attack on this internet thing. “When was the last time you saw a correction on a blog?” he demanded. I muttered, “fuck me,” and then had to remind myself of the company I was in. So I muttered on Twitter that I’ve seen countless corrections on blogs since I last saw one on network news. Claiborne was telling the internet to get off these kids’ lawns. I got grumpy. My mood didn’t improve when nobody showed up for my first of two sessions. “Well,” I joked with fellow faculty, “they say kids today don’t care about privacy today. I guess this is the proof.”

But in my second session, the room filled with three or four dozen young people (and a few teachers) and I began interviewing them. Boy, was I impressed. Random notes….

No one in the room uses MySpace. They scrunch their collective noses at the name. Not so very long ago, MySpace was said to be the service for young people, particularly urban young people. Well, no more. Rupert’s Folly has fallen off a cliff. It’s clear this is why he’s giving it two quarters to climb back up or he’s setting it adrift.

Almost none of them uses Twitter. They say it lacks context; it is too fast and fleeting; and they don’t care about much of what they read there (which makes sense when your friends aren’t there). When I tweeted that, the NYTimes’ @zimbalist asked why. I think it’s because they’re not publishers (yet). They’re connecting. Whether this is a matter of the the age or their age, I have no way to know; we’ll have to wait to see the impact on Twitter when they grow older.

But I’ve seen this elsewhere. This summer, as my son and I drove up to Facebook’s headquarters to interview Mark Zuckerberg for the book, Jake said he thought Facebook had invented something entirely new in the Wall. Its inventor disagreed; Mark said people always have, in his word, signalled. But I side with Jake. On his Wall (when I’m permitted in) I see him and his friends holding conversations there, in the open, as if in the hall at school. They use the Wall as a place to communicate. I see the Wall — as I think others my age do — as a place to publish or broadcast; we instinctively see it as media. So Twitter fits our reflex; Facebook theirs. But I think the young people are making use of the internet that is truer to its nature: It is not a medium but is a connector.

All the students post photos to Facebook; many post videos there; a few had posted videos to YouTube — interesting that so few do, because some of them come from a school for the performing arts. One young woman says she was going to take down her account because her videos are dumb and pointless, in her view: just her talking. One young man had just put up some impressions and he enjoys the idea of having a public there. Will we see more of that; is it their ambition to make media and audiences? Again, time will tell. I’ll bet we will as they find their public voices.

Every student in the room uses Facebook. They confess to being on it for hours at a time — three or more a day. My son’s was in the first class able to use Facebook in high school four-plus years ago. I thought it might seep down to middle school. So far, not so much. These students say they started using it in high school. I’ll confess relief. I found it fascinating that a few of the students with younger siblings were quite protective of them and did not approve of a 9-year-old using Twitter.

To a young man and woman, the people in this room confirm what I’ve learned from danah boyd: that young people do care about their privacy; that they do protect it; but also that they have to learn this. As danah says — countering Murdoch, btw — young people are not “digital natives” who are born with TOS in their DNA.

These students are very aware that what they tell a few friends on Facebook could end up anywhere, seen also by people they do not know. They post with that fully in mind. Backing up what danah says, many of them seemed to have been burned once and taught the lesson. The biggest challenge to privacy, then, is not so much Facebook or the internet but blabby, gossipy friends. Ever thus.

They are also aware that their parents and other adults are watching. Even if your parents aren’t your “friends” someone else’s may see what you write on their Wall. So they’re careful. Nonetheless they decry classmates doing stupid things (though they also know that folks often exaggerate on Facebook). Like what? Like showing themselves drinking. What could come of this? They could get caught.

Or there’s the college admissions problem. For these kids — bright, active, and mostly college-bound — that’s an issue. I ask whether they think that college admissions officers — and later, employers — should not be allowed to look at their Facebook presences. Surprisingly, none of them seem to object as a matter of principle and right. To them, it seems to make sense to check someone out online.

Almost all these students have changed their privacy settings, restricting their Walls, photos, birthdays, or contact information — even though, again, they know that anything could be repeated. They seem very much in control and like that control. They have other means of control as well: I ask whether they speak in code that they understand and parents don’t; they all laughed and nodded.

Is there, as media would lead us to believe, a sudden explosion of bullying? No, they tell me, there’ve always been bullies; it’s probably just easier to see them now. A teacher complained that fights get bigger crowds because students tweet the location and a mob gathers. “It doesn’t go down like that,” one of her students tells her. “There’s no texting.” Crowds gather the way they always have.

These students are not slavish fans of Facebook. One student argues that Facebook dilutes friendship; he says he doesn’t use it to communicate with his close (real) friends. Another says she unfriends people with some regularity because in reality friendships do change. A few others say they did discover new friends through Facebook. They all expect to use Facebook to stay in touch after they graduate. The point, says one: “Different people have different reasons to be on Facebook.” Some use it to connect with others; some use it just for fun. Which are you? I ask him. A bit of both, he says.

At the end, I ask what I’d missed and one student wants to be sure that I knew about the benefits of using Facebook and the publicness it brings. Oh, yes, I do, I assure her.

The Rutgers tragedy and privacy and technology

Last night, I went to CBS to record an interview with Katie Couric about the Rutgers tragedy, privacy, and technology.

Couric asked me the same question a half-dozen ways — old reporter’s trick; I’ve used it; I teach it — trying to get me to give her the answer she wanted: that the internet makes this different, that this is a teaching moment, and that we should give our children instruction about the dangers of the internet. I wouldn’t agree that technology makes the essence of this story and its sin different. The lesson is the same as it has always been: the Golden Rule. The sin could have been committed with a Kodak camera or a telephone or a letter, for that matter.

I do agree that the internet adds speed and reach and permanence to a mistake — that, as someone has said, it is a tattoo. But what this story really brings out is a timeless ethic of privacy (which is how I am framing the topic in Public Parts): Privacy is the responsibility of the person who receives information about someone. Once you know something about me, the weight lies with you as you decide how to use that information, whether to spread it, in what light. That came as close as I would to what Couric was aiming for and so this is the clip that made it onto the show.

I also said society bears responsibility in this story. That today anyone would still feel shame about being revealed as gay — full stop — and then would make such a tragic decision is our failing. I told Couric that the gays and lesbians who have summoned the courage to leave their closet and privacy behind to stand before the homophobes — saying, “Yes, I’m gay, you have a problem with that?” — are the heroes who used their publicness as a weapon against bigotry. I made clear to her that I am not suggesting people should be forced out of their closets. But I do believe that the people who have chosen to leave have operated under an ethic of publicness. If the weight of the ethic of privacy lies with the recipient of information — you know information about me — then the weight of the ethic of publicness lies with the originator of information — I know something and must decide whether it would be of benefit to others to share it.

As I left, I tried to tell Couric that media too often look at technology and change and see only danger. This is how the invention of the Kodak camera was treated in the 1890s. More than 500 million people choose to share on Facebook because they see benefit in it and more do so on Twitter and in blogs and YouTube…. Media constantly looks at the edge, the dark edge, jumping on a story such as this to seek out the perils technology brings. Couric protested that they do lots of stories about good things in technology. Every time Steve Jobs does anything, we cover it, she said. But that’s not understanding its value, I argued. I urged her to do a story in which young people who use and understand Facebook explain it to their elders.

We can’t pretend to give young people lessons in the internet if we don’t understand how they see it. For example, I’ve learned lately that young people use Facebook’s Wall to hold conversations in public while people my age use it — with media reflex — as a place to publish or broadcast. Same platform, different uses, different worldviews, different impact. When I was in Berlin talking about publicness and privacy, Renate Künast, head of the Greens in Parliament, said she talked to a young person who took a cooking course instead of an a computer course because in the latter “what the teachers wanted to teach me was something I learned five years ago.” We have things to learn from children about the future, for the future is theirs and they’re building it right in front of us.

But in enduring morals and ethics — the Golden Rules — we parents remain the teachers and I don’t think we give ourselves enough credit for teaching and our children enough credit for learning well. Those rules pertain no matter the medium or the technology in which human interaction occurs. The Rutgers story is not a tale of technology creating tragedy. It is a story of human tragedy.

The real Facebook burglaries story

I did a little reporting to get the real story behind the reports of a Facebook burglary spree that supposedly used the service — right after its launch of Places — to find victims who were away on vacation. I emailed Nashua, NH detective Dan Archambault, who told me that only two of the cases involved Facebook and in each case, “one or two of the suspects were Facebook friends with the respective homeowners. They basically had access to the walls and could read that the families were away on vacation. The information was only available to friends and the Facebook Places feature was NOT a part of this. And finally my advice to Facebook users is carefully pick your friends and watch what you post.”

And my advice is don’t believe everything you read. So this was not a case of a criminal using Facebook to find any old random victim. The implication of the coverage is that we were all — all 500 million of us — at risk for being so foolish to make ourselves public on Facebook and make ourselves vulnerable to every criminal out there. No, it’s foolish to make the wrong friends. Always has been. Still is.

I also contacted Facebook, and a PR person there sent back suggestions for how to wisely use the service: “I would recommend creating friend lists to separate people you really trust from others. Then, use the publisher privacy control to
send status updates to appropriate groups (and only them). I actually think it may make sense to tell people you really trust that you are gone through Facebook just as you would in person. Then, they can watch your place for you, feed your cat, etc… As for everyone else, if you wouldn’t tell them in person you were leaving town, you probably shouldn’t use Facebook to tell them. As always, we also recommend people only accept friend requests from others they actually know.”

All sensible.

If only things were so simple for Google, where, according to Gawker, an engineer used his high-level access to the company’s data bases to stalk teenagers. Google fired him. But the damage is done. We spoke about the case on today’s This Week in Google and as Leo Laporte and Gina Trapani said, to keep systems running, someone will always have access to data. Of course, that someone should be trusted. But as this case reveals, you never know whom to trust. So the company must come up with systems to assure trust. Should there be teams that must operate together in failsafe mode to get access to data? You tell me what would work.

The bottom line for both companies is that trust is essential and cases such as these can ruin trust and eventually ruin companies if we cannot depend on them. In the first case, media blew up a story for effect. In the second case, a dangerous vulnerability is revealed.

: AND: Being a journalism professor, I suppose I should point out the journalistic lesson here about reporting.

When this story first came out, it was marked by sloppy reporting that was only repeated and diluted. I read a number of the reports and backed up the line to the Nashua paper trying to find answers to basic questions. Nothing.

For anyone who knows the slightest thing about Facebook — that is, any reporter who uses it — the reporting raised obvious questions. So I contacted Facebook, who gave me the email of the detective, and I asked him: How did the accused use Facebook? In how many cases? Were they friends — that is, connected on Facebook — with any of the victims? Facebook tells me that its Places feature was not involved; true? Finally, what advice do you have for people using Facebook? Plus a few, more-detailed questions about the specifics of how these victims used Facebook.

The detective said this is an ongoing investigation, so he was limited in what he could tell me. But, as you can see, he answered the essential and obvious questions reporters and editors should have asked before. And if they didn’t have answers, they should have said so. I say lately that the key skill of journalists is going to be less saying what we know than saying what we don’t know. That is the essential skill in process journalism.

But all along the chain, nobody wanted to ruin a good story: USE FACEBOOK AND YOU’LL BE ROBBED! Much more fun, isn’t it? Reporting takes all the fun out of it.

The price of privacy

I love it when economists and their ilk reduce a complicated issue in life to a simple line and chart (that’s what makes Freakonomics so popular). At the latest New York Tech Meetup, Drop.io founder Sam Lessin did just that with my favorite topic: privacy and publicness. In a rebuttal to Clay Shirky’s Cognitive Surplus he said:

Privacy was once free. Publicity was once ridiculously expensive.

“Now the opposite is true: You have to pay in a mix of cash, time, social capital, etc. if you want privacy.”

Right. It takes effort to create privacy — or to build a private image, as Laurent Haug argues. If you decide not to bother, if you opt out of using Facebook, LinkedIn, Twitter, et al, then there’s now an opportunity cost: you miss making connections that have personal or economic value. That’s why people quite willingly give up what we used to think of as privacy: because it’s worth it to them. These are the new economics of privacy.

So maybe I can start to understand what Fred Wilson was talking about when he said there was money to be made in privacy, in premium privacy (because there’s now a premium on it). I’m still looking for concrete examples of how, but I’ll just bet Fred will invest in one soon.

Now let me make a caveat: privacy and publicness are neither mutually exclusive nor binary; they aren’t competitors at all times. So this is an oversimplification, which I’ll oversimplify even more:

Once-abundant privacy is now scarce. Once-scarce publicness is now abundant.

It’s the second half of that that interests me most since I’m writing a book about that.

So if we’ve seen Lessin’s Law on Privacy, then Jarvis’ Corollary on Publicness (which is my synonym for publicity because publicity as a word is so freighted with marketing meaning now) is this:

Now publicness is free.

So the old controllers of publicness — media and entertainment companies — can’t make money on it anymore.

The economics of abundant publicness mean that the old gatekeepers — editors, agents, producers, publishers, broadcasters, the entire media industry — overnight lost their power. That’s why they’re so upset. That’s why they keep complaining about all these amateurs taking over their sacred turf — because they are. What they thought was valuable — their control — now had no value. They can’t sell their casting couches and presses on craigslist for nothin’. They are being beat by those who break up their control and hand it out for free (Google, craigslist, Facebook, YouTube, etc.).

Abundant publicness also creates new value. Google search is made up of that value. Twitter movie chatter predicting box-office success is that value. Annotations on maps, restaurant reviews, health trends, customer desires — and on and on — all find value in our publicness and so new companies are being built on that value. That is why it is in the interests of both companies and customers to be public and why privacy — when it does compete, when it discourages publicness — becomes a nuisance for them.

Abundant publicness leads to the confusing economics of free: If everyone can create stuff, then stuff is no longer valuable. But your stuff can gain value for you if it’s spread around and remixed and is more public than the next guy’s. The way to make it more public is to make it free. That’s OK because it doesn’t have value anyway. So you have to find value now not from owning and controlling the stuff but from making it more public and extracting value through a side door: advertising, performances, reputation…. (If I were good, I’d turn this into George Carlin 2.0: you no longer want a place for your stuff, you want your stuff to be in every place).

Abundant publicness raises all sorts of issues around ownership. Who owns the wisdom of the crowed? The crowd? Or the company that adds value to it? See also the questions above about making free stuff public to gain value. You can’t make it public with DRM and ownership controls, or at least not the old ones built for a scarcity economy. Being public is about giving up control, which is the exact opposite of how media used to make their businesses.

Abundant publicness makes filters more valuable. See again Prof. Shirky.

Abundant publicness increases the value of reputation. See aplusk.

At the same time, abundant publicness makes fame a devalued commodity. See Lindsay Lohan.

I’m exploring these ideas for my book so please help me tease them out. What are the implications of abundant publicness and scarce privacy?

: Here’s Lessin’s talk:

Speaking of Fred Wilson, I came across Lessin’s talk because Fred recommended watching Twilio’s superb presentation at the Tech Meetup. It is, indeed, a model for such talks and here it is.

: MORE: Seth Godin just emailed alerting me to a typo I’ll leave above: “the wisdom of the crowed.” A spooner insight, he calls it: “But who are the ‘crowed’? They are the newly attended to, the newly famous. We crow about them, thus they are crowed. Does the insight of someone with a lot of twitter followers deserve more attention? Are they more wise? The wisdom of the crowed.”

He’s right. I was starting to dance with that question but let it go: When everybody’s heard, no one’s heard. So who *should* be heard? Or is that an old-media worldview speaking? There’s no longer the media structure to decide should’s. Do people rise on merit of what they say? On tricking Google and Twitter? On outrageousness? On authority?

Privacy paranoia dramatized

The German Consumers’ Union—funded by the German government—has put out a video warning internet users about their privacy under a campaign called Surfers Have Rights. You don’t need to speak a word of German to get the gist:

(At the end, the text says: “You do this every day … on the internet.” And the shopper is asking simply, “Excuse me, where do I find…? The store clerk needs no translation.)

The German blog Netzpolitik thinks it’s a nice video. But Martin Weigert at Netzwertig has real concerns. The video “does but than spread distrust,” he says, arguing that even the most trivial data that “has the value of a dropped sack of rice in China” (must be an idiom) is made to seem drastically overvalued. The clip presents consumers as helpless, persecuted by their cohort. “What message does this convey? Mistrust everyone and everything.”

Hmmm. One would think that the German government would be somewhat sensitive to some irony there since, in earlier form, it was quite effective at making everyone mistrust everyone.

But the metaphor is hardly just German. Last week in Congress, Sen. Jay Rockefeller pulled out the overused trope that navigating the internet is like shopping in a mall, being watched in every move by “a machine” (very Orwell, that). The Byron Dorgen revealed a bit too much, I think, when he extended the metaphor to wonder whether, when going to the ladies’ lingerie department, onlookers would wonder whether you were really buying some for your wife or…. “That’s a really good analogy, I think, to what is going on on the Internet today,” said Federal Trade Commission Chairman Jon Leibowitz.

No, it’s not. You are already being watched in the store. Stores have cameras watching you. They track what you buy via your credit card and frequent-shopper cards. They have floorwalkers and clerks who see what you buy. Fellow shoppers can see what you buy. So the hell what? So you like bananas. It’s a sickness in the mind of the beholder to imagine you doing something bad with the fruit.

The German clip and the Congressional “debate” reveal that the essential argument about privacy is too often purely emotional. You may — and do — go about your shopping every day feeling quite fine about it but here are government officials who want to creep you out. Government officials who have the power to creep us out in plenty of other ways. And now The Wall Street Journal is continuing the creep-out (odd, since they’d usually be the ones for business freedom against government regulation… hmmm).

In neither exposition is there any discussion of actual damage and actual danger, just nonspecific creepiness. Thus Netzwertig worries about the public’s attitude toward the internet and technology itself. I do, too. I will argue in my book that we need strong protection for privacy especially against bad actors — but I’ll go the extra step and try to define privacy and define the danger for unless we do that, all we’re doing is summoning boogeymen with warnings of nonspecific creepiness. And then I’ll argue that what we should be spending time understanding how this new world works and finding the opportunities in it because its progress is inexorable.

: LATER: Here’s an equivalent EFF video (in English):

I ask, what’s the great harm of giving me couch ads when I’m looking for a couch? Would I rather have bra ads when I can’t use them? Where’s the harm?

Cookie Madness!

I just don’t understand Julia Angwin’s scare story about cookies and ad targeting in the Wall Street Journal. That is, I don’t understand how the Journal could be so breathlessly naive, unsophisticated, and anachronistic about the basics of the modern media business. It is the Reefer Madness of the digital age: Oh my God, Mabel, they’re watching us!

If I were a conspiracy theorist — and I’m not, because I’ve found the world is rarely organized enough to conspire (and I found this to be especially true of News Corp. when I worked there, at TV Guide) — I’d imagine that the Journal ginned up this alleged exposé as a way to attack everyone else’s advertising business just as its parent company skulks behind its pay wall and surrenders its own ad business. But I’m not a conspiracy theorist. That’s why I’m confused.

The story uses the ominous passive voice of newspaper scare stories: “…a Wall Street Journal investigation has found…” As if this knowledge were hiding. Cookies have been around as long as the commercial browser, since October 1994. Or was that 1984?

The piece uses lots of scare words: “surveillance technology” … “tracking technology” … “intrusive” … “no warning” … “surreptitiously re-spawn” … “rich databases” … “so powerful and ubiquitous” … and my favorite: “targeted ads can get personal” (well, yeah, that’s the damned point).

The Journal acts as if it has discovered a conspiracy of its own: “Marketers are spying on Internet users — observing and remembering people’s clicks, and building and selling detailed dossiers of their activities and interests.” Gasp! Mabel, hide the kids, the Romans Huns Krauts Commies Marketers are coming!

There is absolutely nothing new — thus nothing newsworthy — in what the Journal promises threatens to be a series.

The Journal does measure its own cookies, finding its site moderate (I count 34 Journal cookies on my new Mac and I don’t use the site often) in what it ominously calls an “exposure index.” Mabel: Bring the Geiger counter!

Well, except the Journal is unique because unlike the other sites the story writes about, the Journal has my personally identifiable information! It has my friggin’ credit card number and name and address and phone number as well as my web behavior and it allows me to be tracked by third parties. The Journal has more information about me than ANY of the sites it warns about. And the Journal is owned by a company some people don’t trust. Hmmm.

It’s a fine thing that the Journal also tells readers how to “avoid prying eyes.” And if enough people do that, then the value of the advertising-supported web falls. Without cookies, the effectiveness and price of advertising would plummet as ads everywhere turn into remnant junk (smack the money), reducing revenue for media sites and reducing their content to junk. Hmmmm….

A story like this might also affect policy as the FTC is looking at regulating online advertising and marketing; its chairman, Jon Leibowitz testified before Congress on the topic this very week. Hmmm.

I think the Journal should have told exactly how it places and uses every one of its cookies and beacons and ominous tracking surveillance spying technology. It doesn’t. The story doesn’t even link to the paper’s privacy policy, which says that cookies and beacons and all that scary surveillance/tracking/spying technologies are used at WSJ.com and its affiliates and also by third parties over which the Journal has no control. Opportunity lost.

If I were an advertising-supported site, I’d be aggressively transparent. I’d tell you exactly what we track and what impact that has on what we serve in advertising and content. I’d create an app to read the cookies placed just for you and explain them. I’d give you the chance to correct information. I’d give you the chance to select your own advertising (now that would be valuable). I’d treat this with radical openness.

Otherwise the scare mongers like those regulation-loving, anticapitalist commies at News Corp. will win the day.

: Oh, and I neglected to point out that it was the very same Journal that had the wingnutty story about privacy and RFID tags on our pants, quoting as an expert a woman who thinks that RFIDs are — and I exaggerate not — the work of the devil. What the hell is happening there? Are they going out for drinks too often with their new neighbors at the Post?

: Oh and here’s more scaremongering from the commie Telegraph in London, which equates Wikileaks’ Julian Assange with Facebook’s Mark Zuckerberg. Man, we are in silly season.

: MONDAY: The Journal campaign against digital advertising continues today with a shocking exposé revealing that Microsoft is a business-friendly business that chose not to release its browser with a default that would have killed ad tracking and targeting. Horrors!

Now if the Journal were really a business newspaper still, there’d be no news there. The news would be if Microsoft did not do what was good for revenue.

Here’s a too-metered Microsoft response to the weekend’s follies from the browser team.

Privacy wingnuts

I’ve been looking for a classic example of so-called, self-appointed “privacy advocates” gathered by the press going off the deep-end (if you have any, please send them to me).

And then this dropped in my lap: a reputed outcry by these putative privacy advocates against Wal-Mart putting RFID tags on pants.

What could possibly violate our privacy with tracking pants in a store to make sure there aren’t too many extra-large sizes on the shelves? (That was my experience with Wal-Mart when I tried to buy sweats before my surgery; I wish they’d restocked the mediums.)

Well, say the advocates the Journal found: “While the tags can be removed from clothing and packages, they can’t be turned off, and they are trackable. Some privacy advocates hypothesize that unscrupulous marketers or criminals will be able to drive by consumers’ homes and scan their garbage to discover what they have recently bought.”

Yeah, and then what? So they find out that I bought 33/34 jeans. And with that precious personal data they will do what? Blackmail me because I’m no longer the svelte 32 I once was? Sell me illegal diet aids? Sell me ice cream? Target advertising for medium jockeys to me? Subject me to public ridicule as a pencil-necked geek?

Don’t the reporter and editor at the Journal stand back and laugh at the absurdity of this worry? Don’t they ask the next, obvious question: “Yeah, and…?” Isn’t that their job?

Ah, but they report more and find further cause for worry:

“Some privacy advocates contend that retailers could theoretically scan people with such [encoded] licenses as they make purchases, combine the info with their credit card data, and then know the person’s identity the next time they stepped into the store.”

And that would be worth the trouble and risk for the store how? That would give them more data than they already have from credit cards and other means?

So often, articles calling on “privacy advocates” leave them unnamed — anonymous and private, you understand. The Journal digs up one Katherine Albrecht, “founder of a group called Consumers Against Supermarket Privacy Invasion and Numbering and author of a book called ‘Spychips‘ that argues against RFID technology.” Group? Just how many people go to her meetings? And does the book come with tin-foil underwear? The “group” was founded to oppose grocery-store loyalty cards. Yes, we see the damage they have done to countless lives.

Her own site says that she has “earned her accolades from Advertising Age and Business Week and caused pundits to label her a PR genius.” I dare say. She next got the Journal to swallow her silliness.

Listen, I’m all for privacy. I’m working hard to define it in my book on publicness. I will vigorously defend the need and right to control one’s information. There are plenty of serious and difficult issues to discuss. But this kind of idiocy does not serve the cause. It only finds a spy under every leisure suit. In the long run, it turns the cause of privacy into an object of ridicule. And that’s wrong.

But this is often the case with technology and privacy. Technology spawns fears — and worries these advocates — because it introduces change and it’s really change that they fear. Here’s a tidbit from my manuscript illustrating the point:

* * *

Alan F. Westin, in his influential 1967 book Privacy and Freedom … found many devices to fear: LSD “may greatly affect the individual’s daily personal balance between what he keeps private about himself and what he discloses to those around him” and could again be used for government surveillance. Westin worried about radio pills, miniature transmitters, and even about fluorescent powders and dyes—not to mention radioactive substances—that could be applied to “hands, shoes, clothing, hair, umbrella, and the like, or can be added to such items as soap, after-shave lotion, and hair tonic” to track the unsuspecting person.

Secret, miniature cameras, infrared film, microminiature microphones the size of match-heads, battery-operated tape-recorders, hidden “television-eye” monitoring, telephone tapping, “truth measurement” by polygraph tests, personality testing, brain-wave analysis, dossiers of personal data, and the means to steam open envelopes and measure TV audiences—these all concerned him. He speculated about “invisible magnetic-ink tattoos [that] might be applied (for example, to babies at birth)” and transmitters that could be implanted and “wireless, battery-operated television ‘eyes’ the size of buttons,” not to mention U-2 spy cameras from above as well as the ability to read brain signals.

Westin warned of the dangers of computers. In 1966, he wrote, there were 30,000 computers used in the U.S., 2,600 of them in the federal government. What happens, he asked, when we come to the day when “computers in the field of health will eventually establish total medical profiles on everyone in the country ‘from the hour of birth’ and updated through life. Each record will be almost instantly accessible to medical personnel.” Oh, if only.

Westin listed his fears of technology’s impact on privacy 45 years before you read this. How many of his dreads came to life? Few if any, I’d say. That is not to mock him nor even to diminish his warnings, only to put the fears technology fosters into context as we grapple with the concerns attached to our more-modern sciences.

* * *

LATER: I looked at all the coverage I could find on Google News and I found but one piece that, like me, dared to question the “Cassandras of the privacy movement.” CNBC’s Dennis Kneale wrote:

One day RFID tags will permeate the U.S. and global economies, cutting costs for manufacturers and retailers and letting them better respond to consumer tastes. A whole new stock-sector boom could loom as well, in companies that cash in on this inevitable tech trend.

That is, unless the Privacy Police gets in the way. . . .

Um, so what is it I should fear that Wal-Mart will do with this new data horde showing that I just bought a pair of boxers? (Alright let’s stipulate: We’d be less keen on Wal-Mart’s knowing we just bought Spanx.)

The privacy guys always do this—raise well-intended but fear-provoking possibilities at the advent of most any new, promising technology. It is part of what the 1990s Internet sage, Nicholas Negroponte, called the “demonization of bits.” If a salesperson follows us around a store watching our purchases, fine; but use technology to do it and suddenly it’s Orwellian.

Playing the privacy card seems a bit antiquated in this exhibitionistic era of gleefully revealing your inner-most foibles and fetishes to potentially millions of other equally indiscreet folks on Facebook.

: LATER: RFID Journal blasts “privacy nonsense” around chips.

: UPDATE: The WSJ’s RFID expert believes that the chips are a fulfillment of an end-time biblical prophesy. Did I say wingnuts?