My sister Jan — student of history, Navy vet and a Wise One — sent me an email a couple days ago that I thought would make a good guest post. She said yes to that suggestion and here it is…

Is the new born-in-connectivity generation going to re-define privacy?   They may try — from the comfort of their parents’ homes or the cocoon of youth — but first they have to understand what constitutes privacy.  They are going to learn, albeit the hard way, that what you make available is no longer private and therefore you cannot expect it to be protected by the norms of privacy.  The norms of privacy, however, aren’t universally understood.

America is one of the few — perhaps the only if we’re talking large scale — modern countries that was created though one people’s individual exploration and individual settlement into an ever-moving frontier.  After initial sputtering wealth-seeking attempts, the true settlement along the coast line of north America was primarily under private sponsorship rather than military incursion.   It was “relatively” benign colonization in that the goal was not to annihilate, enslave or ‘save’ the indigenous people through religious conversion or education.  The arriving colonists primarily sought freedom to work and worship and the opportunity to better their lives and raise their social standing.  The principal asset needed to obtain those goals was land, which was seen as limitless and free for the taking provided the native population withdrew beyond the frontier and one had the strength and determination to tame the land as needed.

The leading edge of this frontier movement started with those who built the original settlements in the early 17th century and continued to move out in the lower 48 until the mid-20th century and in very remote areas continues still.  The “frontier” society was composed of people who took the initiative and individually ventured into new areas where there was little law, oversight or judgement.  Although they brought morals and manners of every social strata, they also had to rely on each other and build some form of community where ever they settled in order to survive and thrive.  But in the frontier, in the place of established laws, there were protocols — unwritten codes of correct conduct — born of common consent and enforced by common acceptance  that enabled the community to function, grow and improve.  These protocols became the societal norm for most of the expansion into the US as it is today.

In the rest of the world connected by the major trade routes during this same period, societies grew and countries were formed primarily from the top down by gathering like together, or by force, and they were ruled through laws and protocols that came into being to enable financial investors, religions or conquerors to subjugate and /or extort populations.

But America came into existence and continued to expand as one contiguous country because the key unifying principle was individual liberty, and our legal and societal norms developed to support that principle.  This is what made America so singular as a nation in it’s early days. This is at the heart of what some call exceptionalism today.  Exceptional may be an egotistical term for it — as Putin just called it and as the push-backers deny — if one interprets exceptional as being “above average,” or “extraordinary” or any other superlative.  But America is exceptional if one uses the term in the context of “deviation from the norm.”

Now overlay this frontier concept onto the development of the Internet and our other networking systems.  How were they developed?  Was it by governments pushing out into or conquering a new frontier with laws and protocols in hand or was it by individuals determining the most effective protocols that would help them solidify what they had achieved and enable them to push the frontier borders out further, wider and deeper?

A unique concept of individual privacy was part of America’s frontier society;  it wasn’t a place of one’s past but rather a place of new starts, of re-creation, a place where a person made themselves anew, a place where it didn’t matter where or what you came from but rather where you were going and what you would do.  Therefore individual privacy became an expectation rather than an exception in the country that frontier society created.

However, that ingrained individualism is not the norm in the rest of the world, a world that technology has rapidly connected.  As of today, the concept of individual privacy is not universally understood, now that online, networked and connected  technology is at a confluence of cultures.  Because of the universality of the usage of connective technology, privacy is going to need a universally accepted definition.  And at the heart of privacy is the idea of identity:  is it vested in the individual or the collective?

In Freedom and the Social ContractVint Cerf writes,

The tension we feel between preserving privacy and a desire to be protected from harm feeds the debate about the extent to which we are willing to trade one for the other. Not everyone, nor every culture, will find the same point of equilibrium. Moreover, as technology and society evolve, the equilibrium points may shift. It has been said that “security” is not found in apprehending a guilty party but in preventing the harm from occurring. While this notion can surely be overextended, it can also be understood to justify a certain degree of intelligence gathering in the service of safety and security.

There is some irony in the fact that our privacy is more difficult than ever to preserve, given the advent of smartphones, tablets, laptops, the Web and the Internet, but that the threats against our safety and security use the same infrastructure to achieve nefarious ends. Our discipline, computer science, is deeply involved in the many dimensions of this conundrum and we owe it to our fellow citizens to be thoughtful in response and to contribute to reasoned consideration of the balance our society needs between potential policy extremes.

How can we reason with lack of stuff to reason about?

All we know for sure in this mess is that there is no clear limit to the spying on us, by both business and government, and that we’ve traded our freedom, our privacy, and the whole freaking Fourth Amendment, for… what?

With business we know: better “experiences,” mostly through advertising. It’s silly, but that’s the bubble we’re in right now.

With government, all we know for sure is that we’re being screwed. As long as the upsides are all classified, all we’ll see are leaks about the downsides.

Saying X number of terrorist attacks have been prevented isn’t enough. We need hard evidence, or “reasoned consideration” won’t have much to work with.

Last Saturday evening I was walking up Wadsworth Avenue in Manhattan, a few blocks north of 181st Street, when I passed a group of people sitting sitting on the steps of an apartment building. They were talking, drinking, eating snacks and listening to a boom box set to 94.9FM. A disc jockey chattered in Spanish, followed by music. I noticed the frequency because I’m a lifelong radio guy, and I know there isn’t a licensed station on that channel in New York. The closest is WNSH, called “Nash,” a country-music station in Newark, on 94.7. Given the disc jockey and what little I heard of the sound of 94.9, I was sure the station was a pirate and not just somebody with one of those short-range transmitters you can jack into a phone or a pad.

Before I started hanging at this end of Manhattan I thought the pirate radio game was up. After all, that was the clear message behind these stories:

But where I mostly hang is a Manhattan apartment that is highly shadowed from FM signals coming from the Empire State Building and 4 Times Square downtown. (That’s where all New York’s main licensed stations radiate from.) Between those transmitters and our low-floor apartment are about a hundred blocks of apartment buildings. Meanwhile, our angle to the North and East (toward The Bronx both ways) is a bit less obstructed. From here I get pirate signals on all these channels:

  • 88.1
  • 88.7
  • 89.3
  • 89.7
  • 91.3
  • 94.5
  • 94.9
  • 959
  • 98.1
  • 98.9
  • 99.7
  • 102.3
  • 103.3
  • 104.7 (Same as the busted one? Sounds like it.)
  • 105.5

I can tell most are pirates because they tend to disappear in the morning. Nearly all are in Spanish and most play varieties of Caribbean music. (Which I wish I could understand what the disc jockeys say, but I don’t.)

As for 94.9, here’s how it looks on the display of the Teac 100 HD radio in our kitchen:

Estacion Rika

RDBS is the standard used for displaying information about a station.  The longer scroll across the bottom says “OTRA ESTACION RIKA.” Looking around a bit on the Web for that, I found this page, which says (among much else) “La administración de Rika 94.5 FM  Rikafm.com)…” So I went to RikaFM.com, where a graphic at the top of the page says “‘FCC Part 15 Radio Station’.” Part 15 is what those tiny transmitters for your mobile device have to obey. It’s an FCC rule on interference that limits the range of unlicensed transmissions to a few feet, not a few miles. So clearly this is a claim, not a fact. I’ve listened in the car as well, and the signal is pretty strong. Other links at RikaFM go to its Facebook and Twitter pages. The latter says “3ra Radio en la cuidad de New York Rika fm una estacion con talentos joven cubriendo toda la ciudad de NY musica variada 24hrs.,” which Google Chrome translates to “The 3rd Radio in the city of New York RikaFM a station with young talents covering all the varied music NYC 24hrs.”

To me this phenomenon is radio at its best. I hope somebody fluent in Spanish and hip to Caribbean music and culture will come up here and study the phenomenon a bit more closely. Because the mainstream media (thus far — consider this a shout-out, @VivianYee 🙂 ) is just coving a few minutes of the authorities’ losing game of whack-a-mole.

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  • How to Make Innovation Work in News Pull-quote: “Look for moments when the gates are down, when people have to get stuff done, there’s no time to object.”
  • The govt should stay out of journalism. Pull-quote: “We have a highly dysfunctional press, exemplified by reporters who want to debate the character of the leakers, instead of exploring what was revealed by the leaks. In such a world, we should be trying to expand the realm of people empowered to inform us about what our elected representatives are doing with the power we invest in them. Keep them on their toes and looking over their shoulders. Put a little of the fear they put in us in them. Imho if the government says who’s a journalist, under penalty of law, then there will be no journalism.”
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Other interesting stuff

JP Rangaswami, in On not collaborating:

Ignore. Ridicule. Fight. Lose. That’s what happens to the institutions that seek to preserve the problems for which they were created.

So it is with collaboration. We’ve heard the word many times. And we’ve seen it paid lip service many times. But so long as it was not centre-stage, the immune system didn’t care.

Now things are changing. Studies are coming out indicating that networked organisations don’t work, that command and control is needed. That open-plan doesn’t work, we need cubicles with high walls. That too much collaboration can cause problems.

All that says to me is that the immune system is switching from ignore and ridicule to fight.

Which means that not collaborating will soon come to an end.

A corollary is John Gillmore‘s “The Net interprets censorship as damage and routes around it.” The Net is, at its heart, a system of collaboration.

Now see these

40 Maps That Will Help You Make Sense of the World. In Twisted Sifter. My fave:

That’s from Deadspin.

In this comment and this one under my last post, Ian Falconer brings up a bunch of interesting points, some of which are summarized by these paragraphs from his first comment…

Here in the UK most people over 40 will remember placing calls via a human operator. A real life person who had a direct interaction with both caller and receiver when reversing the call charges. In smaller towns and villages this meant that the operator knew who was phoning who, when and often, given their overarching view, could assume why.

This was socially accepted as the operators were usually local and subject to the same social norms as the friends and neighbors they ‘surveilled’.

But they were also employees of the GPO (General Post Office) with a national security obligation and had a direct reporting route into the national security apparatus, so that, if they felt that something fishy was afoot (especially in times of war), they were assumed to be both reliable and honest witnesses.

No-one assumed secrecy in an operator-mediated system. They assumed discretion on the part of the operator.

Is an ISP any different just because the data is package-based rather than analogue ? It conducts all the same functions as the old operator.

The shift from public ownership to private and from land-lines to mobile has not changed the underlying model of presumed access (as far as teleco users are concerned) and assumed responsibility (on the part of the national security apparatus). And though both are now legally defined under the license terms of privatised telecos, few of the UK’s public know how their comms systems actually work, so often assume a similar design ethos to the US, where constitutionally defined rights are a starting point for systems organisation.

That British Telecom evolved from the GPO is no accident, but neither is it necessarily a designed progression intend on increased surveillance.

… and these from his second:

Against most evidence US Congress doesn’t set UK law. The EU & UK governments do that. And against most evidence the US doesn’t set global social norms. So while I’m not saying Brits explicitly like spies and respect code breakers, there is a history here that forms a backdrop to the national mind set and it looks towards Bletchley Park, Alan Turing & James Bond rather than The Stasi, Senator McCarthey or Hoover’s G-Men.

The time and place to look for a failure of oversight is the sale of rights to spectrum access but a global technological fix for a perceived lack of communicational security, especially a US-led one, seems unlikely. The righteous indignation with respect to Huwei hardware looks like a starting point rather than an end point right now.

To me these events and discoveries more likely to work to fragment the rough and ready constellation of networks into national gardens once more. This would force comms through regulated conduits making in-out surveillance even easier and I tentatively suggest that in the legislation of whatever-comes-next those carrying out oversight do a better job, if legally-enshrined privacy is their aim.

I am somewhat familiar with the UK, having spent a number of years consulting BT. I have also spent a lot of time in the EU, mostly studying and collaborating with VRM developers, a large percentage of which are located in the UK and France.

Here in the U.S. many of us (me included) still had “party lines” and required operator assistance for long-distance calls as recently as the mid-’70s. With party lines phone connections were shared by as many as six other homes, and people could listen in on each other easily. Operators could listen to anything, any time. Thus, as Ian says, discretion rather than secrecy was assumed.

And discretion is The Thing. As it was with the old phone system it also was with spying, which every government does, and we have always assumed was going on — much of it outside the laws that apply to the rest of us — and hopefully for some greater good. Thus whatever we end up with on the Internet will rest on a system of manners and not just of laws and technologies.

Ideally law, technology and manners work in harmony and support each other. What we have had so far, in the era that began with personal computing and grew to include the Internet and smart mobile devices, has been a disharmonious cacophony caused by technology development and adoption with little regard for the incumbent systems of manners and law. And it is still early in the evolution of all three toward working harmony such as we have long experienced in the physical world.

Of those three, however, manners matter most. It seems no accident, to me at least, that the Internet is defined by protocols, which are nothing more than mannerly agreements between network operators and among the human and organizational operators of the network’s billions of end points.

Security of the telco-like centralized locked-down sort was never in the DNA of the Internet Protocol, which is one reason why it never would have been invented by the very companies and governments through whose local, national and international networks the Internet connects us all.

So it should be no surprise, aside from all the privacy concerns currently on the front burner of popular consciousness, that telcos, cablecos, national governments and institutions such as the ITU have busied themselves with stuffing the Internet, in pieces, back inside the regulatory, billing and nationally bordered bottles from which it more or less escaped, at first un-noticed, in the 1980s and early 1990s.

J.P. Rangaswami, when he was at BT, famously noted that a telco’s main competency was not communications but billing. It still is. China’s censored national subset of the world wide Internet is for many countries a model rather than an aberration. And the drift of Net usage to cellular mobile devices and networks has re-acclaimated users to isolated operation within national borders (lest they suffer “bill shock” when they “roam” outside their country) — something the landline-based Internet overcame by design.

All these things play into our evolution toward privacy in the virtual world that is recognizably similar to what we have long experienced in the physical one.

National mind sets are important, because those embody manners too. Public surveillance is far more present, and trusted, in the U.K. than in the U.S. I also sense a more elevated (and perhaps evolved) comprehension of privacy (as, for example, “the right to be left alone”) in Europe than in the U.S. I am often reminded, in Europe, of the consequences of detailed records being kept of citizens’ ethnicities when WWII broke out. Memories of WWII are much different in the U.S. We lost many soldiers in that war, and took in many refugees. But it was not fought on our soil.

There is also in Europe a strong sense that business and government should operate in symbiosis. Here in the U.S., business and government are now posed in popular consciousness (especially on the political and religious right) as opposing forces.

But all these things are just factors of our time. What matters most is that the whole world will need to come to new terms with the three things I listed in my earlier Thoughts on Privacy post: 1) ubiquitous computing power, 2) ubiquitous Internet access, and 3) the unlimited ability to observe, copy and store data. All these capacities are new to human experience, and we have hardly begun to deal with what they mean for civilization.

I suspect that only the generation that has grown up connected — those under, say, the age of 25 — begin to fully comprehend what these new states of being are all about. I’ve been young for a long time (I’m 66 now), but the best I can do is observe in wonder those people who (in Bob Frankston‘s words) assume connectivity as a natural state of being. My 16-year old son feels this state, in his bones, to a degree neither I nor my 40-something kids don’t. To us elders, connectivity is an exceptional grace rather than a natural state.

Manners among the connected young, however, have barely evolved past the reptile stage. In Report: Every Potential 2040 President Already Unelectable Due To Facebook, The Onion was not fully joking (it never is) when it said “A troubling report finds that by 2040 every presidential candidate will be unelectable to political office due to their embarrassing Facebook posts.”

I just hope that the laws we are making today (protecting yesterday from last Thursday, as all new laws tend to do) will be improved by new generations made wiser by their experiences with technologies made ubiquitous by their elders.

On February 25, 2008, the FCC held a hearing on network management practices in the Ames Courtroom at Harvard Law Schoolhosted by the Berkman Center. In that hearing David P. Reed, one of the Internet’s founding scientists, used a plain envelope to explain how the Internet worked, and why it is wrong for anybody other than intended recipients to look inside the contents of the virtual envelopes in which communications are sent over the Internet. It was a pivotal moment in the debate, because the metaphor illustrated clearly how the Internet was designed to respect privacy.

Respect, that is. Not protect.

In the early days of postal communications, the flaps of envelopes were sealed with blobs of wax, usually imprinted by the sender with a symbol. These expressed the intent of the sender — that the contents of the letter were for the eyes of the recipient only. Yes, a letter could be opened without breaking the seal, but not without violating the wishes of the sender.

The other day I wrote, “clothing, for example, is a privacy technology. So are walls, doors, windows and shades.” In the physical world we respect the intentions behind those technologies as well, even though it might be easy to pull open the shirts of strangers, or to open closed doors without knocking on them.

The virtual world is far less civilized. Proof of that is in the pudding of privacy rights violations by agencies of the U.S. government, which is clearly acting at variance with the Fourth Amendment of the Constitution, which says,

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

I see three ways to approach these violations.

One is to rely on geeks and whistleblowers to pull the pants down on violators. In Welcome to the end of secrecy says the very openness that invites privacy violations is our best protection against the secrecy concealing those violations.

Another is through the exercise of law. In The Only Way to Restore Trust in the NSA, security guru Bruce Schneier writes, “The public has no faith left in the intelligence community or what the president says about it. A strong, independent special prosecutor needs to clean up the mess.” And that’s on top of moves already being made by legislators, for example in South Africa. Given the scale of the offenses now coming to light, we’ll see a lot more of that, even if no special prosecutors get appointed. The law of the jungle will give way to a jungle of new laws. Count on it.

The third is through business — specifically, business modeled on postal services. For many generations, postal services have respected the closed envelope as a matter of course. Yes, we knew there were times and places when mail could be inspected for legitimate reasons. And there were also many things it was not legal to do, or to send, through postal systems. But, on the whole, we could trust them to keep our private communications private. And we paid for the service.

The Googles of the world — companies making their money on advertising — aren’t likely to take the lead here, because they have too much invested in surveillance (of the legal sort) already. But others will step forward. The market for privacy is clear and obvious, and will only become more so as the revelations of abuse continue to pour out.

Perhaps the businesses best positioned to offer secure communications are the postal services themselves. They’ve already been disrupted plenty. Maybe now is the time for them to do some positive disruption themselves.

 

 

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