Posts about publicness

FTC Fines Santa Claus Over COPPA Violations

WASHINGTON–Federal Trade Commission Chairman Jon Leibowitz today announced a record fine against Santa Claus for violations of the Children’s Online Privacy Protection Act.

“Mr. Claus has flagrantly violated children’s privacy, collecting their consumer preferences for toys and also tracking their behavior so as to judge and maintain a data base of naughtiness and niceness,” Leibowitz said. “Worse, he has tied this data to personally identifiable information, including any child’s name, address, and age. He has solicited this information online, in some cases passing data to third parties so they may fulfill children’s wishes. According to unconfirmed reports, he has gone so far as to invade children’s homes in the dead of night. He has done this on a broad scale, unchallenged by government authorities for too long.”

Claus was fined $2 million and ordered to end any contact with children. Prior COPPA fines include $1 million against now-virtually-unknown social site Xanga, $400,000 against UMG Recordings, and $35,000 against notorious toymaker Etch-a-Sketch.

The FTC action follows similar complaints against Claus brought by European privacy authorities. European Commission Vice-President Viviane Reding has complained about Claus holding data on children outside of EU data-protection standards in North Pole server farms. German head of consumer protection Ilse Aigner has called for an investigation of Claus’ use of Google Street View in navigating his Christmas Eve visits. German Federal Commissioner for Data Protection and Freedom of Information Peter Schaar has demanded that Claus give children, naughty or nice, the right to be forgotten in his data base. And Thilo Weichert, head of the privacy protection office in the German state of Schleswig-Holstein, demanded that German web sites take down any Facebook “Like” button referring to Claus.

Meanwhile, Canadian Privacy Commissioner Jennifer Stoddart has attempted to bring together an international coalition of privacy officers opposed to Claus’ practices. In California, Claus has been threatened with severe penalties for nonpayment of the state sales tax. And the UK has vowed that Claus will be detained and could face extradition should he set foot in any English chimneys on Christmas Eve.

Reaction to the FTC decision was mixed in Washington. Republican presidential candidate Rick Perry vowed to kill the Federal Trade Commission, relieved that he had finally recalled the final agency he had marked for death. Rival Newt Gingrich suggested that Claus apply for U.S. citizenship, “having contributed much to U.S. industry by stimulating greed at all ages; we need more Clauses and more spending to fix this Democrat-ruined economy.” Ron Paul suggested that Claus set up a Liberatarian nation at the North Pole and offered to run for office there. Herman Cain, whose candidacy remains on hold after allegations of sexual improprieties, said that he “always wondered why the old coot didn’t get in hot water for plopping kiddies on his lap; seemed a lot creepier than anything I ever did.” President Barack Obama refused comment.

From his North Pole headquarters, Claus said through a spokesman that he endeavored only to fulfill children’s dreams. “I regret that the world has come to this: treating any adult who wants to make a child happy as a dangerous stranger,” he said. “The problem with our modern world is not technology but fear, suspicion, and cynicism.” He vowed to continue his Christmas mission of joy. “What’s the worst they can do to me?” he asked, “cookie me?”

Contact: Elfelman Public Relations
Photo via Dreadcentral

Occupy #OccupyWallStreet

It is time for Twitter and its citizens to take back #OccupyWallStreet.

I say that with no disrespect to the efforts and sacrifices of the people who have taken the hashtag literally and moved into Wall Street and cities around the world, confronting the institutions — financial, government, and media — they blame for our crisis.

To the contrary, I say it’s time to carry their work back to our virtual society, where it began, to expand the movement so Michael Bloomberg and his downtown goombas and mayors and cops cannot think that they are able throw it away in a garbage truck; so banks cannot hope to return to their old ways; so media cannot think that it can dismiss #OWS as fringe (see the BBC and the FT each calling the movement “anti-capitalist” when many of us say the real goal is to reclaim capitalism from its crooks).

It is much bigger than the scores of occupants in each city. But that still raises the question of what “it” is.

That is where I believe Twitter can grow and give shape to the movement. There we can answer the question, What are we mad as hell about (should that be a hashtag debate: #why…)? There we can organize no end of irritants for institutions (we can play whack-a-mole with the banks’ rip-off fees and leave them as customers). There we can hold politicians to account.

Some have argued that #OWS will not grow up as a movement until it becomes an institution and has leadership and spokesmen and unified goals and messages and even candidates for office.

Heaven forbid.

#OccupyWallStreet, in my view, is anti-institutional in that it is fighting institutional power and corruption and in that it is not an institution itself. I believe the value of #OWS is that it enables us to say how and why we’re angry and to make the powerful come to us and beg us for forgiveness, not to join their games.

#OccupyWallStreet, the hashtag revolution, establishes us, the public, as an entity to be reckoned with. It is a tool of publicness.

So I support #OWS becoming less literal — let Michael J Bloomberg tear down the tents — and more amorphous, more difficult to define and dismiss and shut down.

#OccupyWallStreet started on Twitter and spread to the streets. Now it’s time come back online and spread further.

Why are you mad as hell? And what are you going to do about it? That is #OWS’ challenge to us all.

Debate on privacy: the fuller text

The Wall Street Journal today publishes excerpts from a debate among me, danah boyd, Stewart Baker, and Christopher Soghoian about privacy (and publicness). They had us write to specific lengths, so I was surprised that they didn’t publish the entire conversation, even online. So if you can bear more, here are my complete bits; I’ll let me fellow debaters post their own.

Later: Here are danah boyd’s complete answers.

Part I:

Privacy is important. It deserves protection. And it is receiving protection from no end of self-appointed watchdogs, legislators, regulators, consultants, companies, and chief privacy officers: an entire regulatory/industrial complex. Privacy is in good hands.

It’s publicness I worry about: our corresponding right and newfound ability to use this Gutenberg press we all now own—the internet—to speak, assemble, act, connect, and collaborate in a more open society. I fear that that if we over-regulate privacy, managing only to the worst-case, we could lose sight of the benefits of publicness, the value of sharing.

Our new sharing industry—led by Facebook, Twitter, Google+, YouTube, Foursquare, blogs, and new services launched every day—is premised on an innate human desire to connect. Eight hundred million people can’t be wrong. That’s how many people use Facebook alone to post more than a billion artifacts of their lives every day. These aren’t privacy services. They are social services.

But the private/public discussion to date has focused almost exclusively on privacy and worry. New technologies that cause disruption have often led to collective concern about privacy. After the invention of the press, the earliest published authors fretted about having their thoughts associated with their names, set down permanently and distributed widely. The first serious discussion of a legal right to privacy in the United States did not come until 1890, spurred by the invention of the portable Kodak camera and the rise of the penny press. For a time, President Teddy Roosevelt banned “kodakers” from Washington parks.

Now we are at the dawn of the greatest technological disruption since the press and it brings corresponding concern. It is well to worry about what could go wrong so we may guard against it, to assure that companies and especially government do not surveil us to our detriment.

But I ask us to also recognize and guard the publicness our new tools empower. I hope we engage in another discussion about the principles of an open society: the right to connect, speak, assemble and act; privacy as an ethic; the call for our institutions to become transparent by default and secret by necessity (now it is reversed); the value of maintaining the public square; and the need to safeguard the people’s net from tyrants, censors, private control, and the unintended consequences of well-meaning but premature regulation.

Privacy has its protectors. What of publicness?

Part II:

Privacy legislation and regulation are awash with unintended consequences.

Germany’s head of consumer protection, Ilse Aigner, surely believes she is guarding citizens’ privacy when she urges them to exercise their Verpixelungsrecht, their so-called right to have photos of buildings taken from public streets pixilated in Google Street View. But she sets a precedent that could affect the free-speech rights of journalists and citizens. She diminishes the public square at the public’s cost.

The U.S. Children’s Online Privacy Protection Act says sites may not use information specific to a child under 13 without written (that is, faxed, scanned, or videoconferenced) parental consent. The result: Children learn to lie about their age. And young people are likely the worst-served sector of society online. That is a tragedy of lost opportunity.

The Do Not Track legislation making its way through Congress threatens ad tracking and cookies. This newspaper demonizes them as “intrusive” and “intensive surveillance.” FTC Chairman Jon Leibowitz denounces media that use them as “cyberazzi.” Though most of this data is anonymous. Taken too far, Do Not Track could devalue online media, resulting in less content, more pay walls, and a less-informed populace. The road to ignorance may be paved with good intentions.

Part III:

Stipulated: Anonymity, pseudonymity, and even nicknames need to be protected for the vulnerable, dissidents in danger, whistleblowers, and even game players, for the sake of their speech.

That said, real people and real relationships have proven to add value, accountability, and civility to online discourse.

Stipulated: The advertising, media, and sharing industries have done a dreadful job being open about what they track, why, and what benefits accrue to their users. The mess they’re in is much of their own making.

Even so, online tracking is being demonized in shrill fear-mongering (Chris’ is but one example), which doesn’t acknowledge that most of this data—unlike the consumer data bases of preinternet marketing—do not contain names and addresses. There is little discussion of harm or benefit, only vague fear.

Stipulated: We need to come together as one society to perform certain functions, such as voting and taxation.

But we are not a mass. The myth of the grand shared experience of media—all of us hanging on Uncle Walter’s every pause—was an unfortunate, half-century-long aberration. Democracy should be a cacophony of ideas and perspectives. Thanks to our new tools of publicness, we are regaining the power to create and find our own publics.

Identity can aid connections. Tracking can produce relevance. Personalization can reduce noise. These are benefits of the net.

Our notion of nations

Consider: I a matter of a year, the leaders of Italy, Greece, Libya, Egypt, and Tunisia have all been ousted not in the normal course of governance and not at the polls. Who’s in charge there? In the Middle EAst, it’s the people, at last (but can they retain power?). In Europe, its bondholders and neighboring nations. Meanwhile, in Spain and the #occupywallstreet movements, disgruntled, disorganized citizens are making their voices heard. In Iceland they’re rewriting their constitution using Facebook.

What is becoming of our notion of nations?

In the Frankfurter Allgemeine Zeitung, Georges Papandreou’s short-lived threat to hold a plebiscite over the EU’s insistence of austerity as a condition of bail from fiscal jail set off a debate among the paper’s editor, Frank Schirrmacher; the esteemed political philosopher Jürgen Habermas, and economic writer Rainer Hank.

Far be it from me to translate the language or its subtleties and ironies, but it’s clear that they are debating who’s in charge in Europe: government? bond-holders and bankers? the people? Hank notes that “the governments of Europe are under dual supervision.” He questions whether Europe is facing “dictatorship of the people versus dictatorship of financial markets” or a question of “democracy versus rule of law.”

At the same time I (tried to) read all that, Martin Gurri wrote a most eloquent review of and rumination on Public Parts (his son, Adam, happened to do likewise). Gurri père raises many thoughtful points about the value of publicness and its support of trust. I recommend reading both posts. But for purposes of this discussion, I want to focus on Martin Gurri’s trepidation about government. To quote:

In the existential struggle between the public and the old structures of authority, Jarvis is a participant, not an observer.  At times, he makes it sound as if the public can bypass authority and strike out on its own.  The larger argument of Public Parts, however, is that the conflict can only be resolved when authority regains the public’s trust by aligning its practices with those of the new information environment.  Though optimistic in tone, Jarvis doesn’t directly venture an opinion about the cost of this transformation, possibly because he views it as inevitable.  In the manner of a conqueror he proclaims, “Resistance is futile.”

It’s an easy guess that the collision with the public will transform the old institutions.  The question is the social and political pain involved:  whether the process will resemble gradual evolution or, as I suspect, an extinction event.  (There are those who theorize that such a cataclysm has already struck the global economy.)

Because of their immense inherited weight, business and government have a vested interest in inertia.  In this context, resistance may be futile in the long term, but rational for the moment.  As an old government hand, I can attest to the accuracy of Jarvis’ portrayal of the bureaucracy – but he fails to note the profound emotional investment in existing institutions by the people who inhabit them.  Even the most up-to-date bureaucrats, in my experience, will resist the advance of the public until retirement day.
Bending the massive structures of authority to the ideals promoted in Public Parts may well be impossible without a traumatic fracturing of the status quo.

And a traumatic fracturing of the state itself?

That is the question I want to raise here: Are we seeing such cracks begin to open before our eyes?

Is Europe’s crisis of economics and government structure — even of the legitimacy and power of government — a signal?

Is the Arab Spring and its ability to tear down government without a clear notion of what will be built in its place an opportunity to rethink government?

Is Iceland as a startup nation a legitimate effort to show that course?

Did Spain attempt to organize a revolution without organization?

Is #occupywallstreet an effort to reassert the authority of the people outside the structure of politics and government? (Some say they make a mistake not becoming overtly political with candidates and platforms. I am coming to believe they are right to stand outside government and demand attention and reform from that distance. Its platform perspective might be: ‘We don’t want to get any on us.’)

Will we question the idea of what a nation is? Are Greece and Italy still sovereign nations when bankers can overthrow their governments and neighbors can dictate the terms of governance? Are the hashtag rebels of Spain then the U.S. then other nations establishing a new society (albeit one even more unsure in its structure than Egypt’s and Tunisia’s next forms)?

Says Gurri Senior:

Particularly unsettling are the prospects for government.  The extraordinary outcomes today demanded from politics, Paul Ormerod has shown, lie beyond the reach of human power.  We simply don’t know how to “solve” unemployment or inequality.  The more we expect to impose such outcomes on a complex world, the deeper our disenchantment will be.  Transparency and citizen participation, in such circumstances, will only aggravate the friction between a triumphant public and its failed institutions.  Modern government, outwardly so imposing, will be revealed in its nakedness to be a feeble and incapable organ, unable to rise to the hopes of the citizenry.  The consequence is likely to be turbulence for every ruling principle, including liberal democracy.

Gurri might have begun wondering whether I went to far. Then he went even farther.

Power to the public

Two good, anecdotal illustrations of the power that our tools of publicness give to us, the public.

* Bank of America customer Molly Katchpole collected 300,000 names in an online petition against the bank’s ripoff $5 debit card charge and beat down the behemoth. True, the banks have been guilty of greater ripoffs, but this is still a victory for the customers as a community over the corporation.

It’s one matter for individual customers to resort to blogs and Twitter (as I have) to get satisfaction from companies. It’s another for customers to be able to organize without organizations. Before the net, customers couldn’t have created their own instant network of protest. The net empowers them.

So now companies don’t just need to hire people to watch Twitter and blogs and put out fires. Now they have to fear that their abusive policies will become the subject of large-scale, instant protests. Any company whose business model still depends on holding us prisoner to its policies — banks, cable companies, telcos, airlines, insurance companies — had best learn a lesson.

* And bravo to the kid who recorded and posted the psycho rant of a high-school football coach in suburban Memphis. Yes, some might argue that the coach’s privacy was violated. I say ridiculous. The coach thought he could get away with abusing the children in his care behind closed doors, but now, thanks to a phone and the net, the children can fight back by making his abuses public. Even the coach appears to have learned a lesson.