Data and Goliath
Page 48
It’s how worldwide change happens: It’s the idea of incremental change, or muddling through. Charles E. Lindblom (Spring 1959), “The science of ‘muddling through,’” Public Administration Review 19, http://www.jstor.org/stable/973677.
16: Social Norms and the Big Data Trade-off
No one in Congress read it: Paul Blumenthal (2 Mar 2009), “Congress had no time to read the USA PATRIOT Act,” Sunlight Foundation, http://sunlightfoundation.com/blog/2009/03/02/congress-had-no-time-to-read-the-usa-patriot-act.
almost everyone in the country: Leonie Huddy and Stanley Feldman (Sep 2011), “Americans respond politically to 9/11: Understanding the impact of the terrorist attacks and their aftermath,” American Psychologist 66, http://www.ncbi.nlm.nih.gov/pubmed/21823777.
tried to improve the messaging: Tim Dawson (9 Jun 2014), “More like the Stasi than James Bond,” National Union of Journalists, http://www.nuj.org.uk/news/more-like-the-stasi-than-james-bond.
if listeners are scared of terrorists: Joseph H. Campos III (7 Sep 2013), “Memory and remembrance: The diffusion of fear, horror and terror into control and legitimacy,” At the Interface, Mansfield College, Oxford, UK, http://www.inter-disciplinary.net/at-the-interface/wp-content/uploads/2013/07/camposfhtpaper.pdf.
more congressional oversight: Jack Goldsmith (9 Aug 2013), “Reflections on NSA oversight, and a prediction that NSA authorities (and oversight, and transparency) will expand,” Lawfare, http://www.lawfareblog.com/2013/08/reflections-on-nsa-oversight-and-a-prediction-that-nsa-authorities-and-oversight-and-transparency-will-expand.
Fear trumps privacy: Donna G. Bair-Mundy (Aug 2009), “Of terrorists, tyrants, and social turmoil: A competing-fears theoretical model for the evolution of law relating to telecommunication privacy vis-a-vis law enforcement surveillance in America,” University of Hawai’i at Manoa, http://books.google.com/books?id=8LveYgEACAAJ. Samuel Best et al. (Dec 2012), “Al Qaeda versus Big Brother: Anxiety about government monitoring and support for domestic counterterrorism policies,” Political Behavior 34, http://link.springer.com/article/10.1007%2Fs11109-011-9177-6. Keven G. Ruby (2012), Society, State, and Fear: Managing National Security at the Boundary between Complacency and Panic, University of Chicago Press, http://books.google.com/books?id=UPILnwEACAAJ.
If strong enough, it trumps all: Dawn Rothe and Stephen L. Muzzatti (Nov 2004), “Enemies everywhere: Terrorism, moral panic, and U.S. civil society,” Critical Criminology 12, http://www.researchgate.net/publication/227209259_Enemies_Everywhere_Terrorism_Moral_Panic_and_US_Civil_Society/file/32bfe50d3c7fe0d03b.pdf. David Rothkopf (6 Aug 2013), “The real risks,” Foreign Policy, http://www.foreignpolicy.com/articles/2013/08/06/the_real_risks_war_on_terror.
they believe they have to do: It’s CYA security. Bruce Schneier (22 Feb 2007), “Why smart cops do dumb things,” Wired, http://archive.wired.com/politics/security/commentary/securitymatters/2007/02/72774.
Keeping the fear stoked: Leaked NSA talking points specifically reference 9/11: “I much prefer to be here today explaining these programs, than explaining another 9/11 event that we were not able to prevent.” Jason Leopold (30 Oct 2013), “Revealed: NSA pushed 9/11 as key ‘sound bite’ to justify surveillance,” Al Jazeera, http://america.aljazeera.com/articles/2013/10/30/revealed-nsa-pushed911askeysoundbitetojustifysurveillance.html.
Clay Shirky has noted: Clay Shirky (14 Mar 2010), Remarks at South by Southwest (SXSW), Austin, TX, quoted in Kevin Kelly (2 Apr 2010), “The Shirky principle,” Kevin Kelly, http://kk.org/thetechnium/2010/04/the-shirky-prin.
And then the laws will change: Stewart Baker (24 Feb 2014), Remarks at 2014 Executive Security Action Forum Annual Meeting, RSA Conference, San Francisco, California.
Jack Goldsmith again: Jack Goldsmith (9 Aug 2013), “Reflections on NSA oversight, and a prediction that NSA authorities (and oversight, and transparency) will expand,” Lawfare, http://www.lawfareblog.com/2013/08/reflections-on-nsa-oversight-and-a-prediction-that-nsa-authorities-and-oversight-and-transparency-will-expand.
we need to take risks: I think the people of North Korea and Cuba are safe from terrorist attacks, but at what price?
It’s not just politicians: Bruce Schneier (17 May 2007), “Virginia Tech lesson: Rare risks breed irrational responses,” Wired, http://archive.wired.com/politics/security/commentary/securitymatters/2007/05/securitymatters_0517
We also need to counter the notion: The phrase is much older, from a Supreme Court decision. “The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the Court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.” US Supreme Court (16 May 1949), Opinion, Terminiello v. Chicago, http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=337&invol=1.
a sentiment based in fear: Linda Greenhouse (22 Sep 2002), “Suicide pact,” New York Times, http://www.nytimes.com/2002/09/22/weekinreview/the-nation-suicide-pact.html.
What it says is something like this: There’s even a book with the title. Richard A. Posner (2006), Not a Suicide Pact: The Constitution in a Time of National Emergency, Oxford University Press, http://books.google.com/books?id=hP6PAAAAMAAJ.
massacre in Norway: Richard Orange (14 Apr 2012), “‘Answer hatred with love’: How Norway tried to cope with the horror of Anders Breivik,” Guardian, http://www.theguardian.com/world/2012/apr/15/anders-breivik-norway-copes-horror. Balazs Koranyi and Victoria Klesty (26 Apr 2012), “Tens of thousands protest at Norway Breivik trial,” Reuters, http://in.reuters.com/article/2012/04/26/norway-breivik-protest-idINDEE83P0B720120426. Tim Cushing (26 Jul 2012), “One year after the Breivik massacre, Norway continues to fight terrorism with democracy, openness and love,” Tech Dirt, https://www.techdirt.com/articles/20120724/20363519819/one-year-after-breivik-massacre-norway-continues-to-fight-terrorism-with-democracy-openness-love.shtml.
Indomitability is the correct response: Bruce Schneier (7 Jan 2012), “Our reaction is the real security failure,” AOL News, https://www.schneier.com/essays/archives/2010/01/our_reaction_is_the.html.
There’s hope for the US: John Mueller and Mark G. Stewart (2011), Terror, Security, and Money: Balancing the Risks, Benefits, and Costs of Homeland Security, Oxford University Press, chap. 9, http://books.google.com/books?id=l1IrmjCdguYC&pg=PA172.
it’s well past time to move beyond fear: I even wrote a book with that title. Bruce Schneier (2003), Beyond Fear: Thinking Sensibly about Security in an Uncertain World, Wiley, http://books.google.com/books/about/?id=wuNImmQufGsC.
shift in Americans’ perceptions: Nate Silver (10 Jul 2013), “Public opinion shifts on security-liberty balance,” Fivethirtyeight, New York Times, http://fivethirtyeight.blogs.nytimes.com/2013/07/10/public-opinion-shifts-on-security-liberty-balance.
Our personal definitions of privacy: New York University law professor Helen Nissenbaum argues that privacy can only be properly understood in terms of context and expectations. Helen Nissenbaum (Fall 2011), “A contextual approach to privacy online,” Daedalus 11, http://www.amacad.org/publications/daedalus/11_fall_nissenbaum.pdf. Alexis C. Madrigal (29 Mar 2012), “The philosopher whose fingerprints are all over the FTC’s new approach to privacy,” Atlantic, http://www.theatlantic.com/technology/print/2012/03/the-philosopher-whose-fingerprints-are-all-over-the-ftcs-new-approach-to-privacy/254365.
They’re different in the US: This means there will always be some regional differences in the Internet, although its international nature necessitates more homogeneity.
Lawyers look up potential jurors: Sarah Grider Cronan and Neal F. Bailen (5 Apr 2007), “‘Should I Google the jury?’ and other ethical considerations,” Section of Litigation, American Bar Association, http://apps.americanbar.org/litigation/committees/products/articles/0407_cronan.html.
people look up each other: Samantha Henig (Mar 2013), “Why you should stop Googling your dates,” Glamour, http://www.glamour.com/sex-love-life/2013/03/why
-you-should-stop-googling-your-dates. This video shows how creepy this sort of thing can get. Mario Contreras (29 May 2014), “Meet in a public place,” Vimeo, http://vimeo.com/96870066.
Google stalking: Andrea Bartz and Brenna Ehrlich (7 Dec 2011), “The dos and don’ts of Googling people,” CNN, http://www.cnn.com/2011/12/07/tech/social-media/netiquette-google-stalking.
Julian Assange’s old OKCupid: Joe Coscarelli (12 Dec 2010), “Does Julian Assange have a profile on OKCupid?” Village Voice, http://blogs.villagevoice.com/runninscared/2010/12/does_julian_ass.php.
Revenge porn . . . is an extreme example: Economist (5 Jun 2014), “Misery merchants,” Economist, http://www.economist.com/news/international/21606307-how-should-online-publication-explicit-images-without-their-subjects-consent-be.
Mug shot extortion sites: David Kravets (15 Jul 2013), “Mugshot-removal sites accused of extortion,” Wired, http://www.wired.com/2013/07/mugshot-removal-extortion. David Segal (6 Oct 2013), “Mugged by a mug shot online,” New York Times, http://www.nytimes.com/2013/10/06/business/mugged-by-a-mug-shot-online.html.
This is essentially the point of: David Brin (1998), The Transparent Society: Will Technology Force Us to Choose between Privacy and Freedom? Basic Books, http://www.davidbrin.com/transparentsociety1.html.
Clay Shirky pointed out: Emily Nussbaum (12 Feb 2007), “Say everything,” New York Magazine, http://nymag.com/news/features/27341.
grow up with more surveillance: Jessy Irwin (7 Oct 2014), “Grooming students for a lifetime of surveillance,” Model View Culture, http://modelviewculture.com/pieces/grooming-students-for-a-lifetime-of-surveillance.
schools with ID checks: Some schools are requiring students to wear electronic badges: the same technology that farmers use with livestock. Associated Press (11 Oct 2010), “Houston-area schools tracking students with radio frequency badges,” Dallas Morning News, http://www.dallasnews.com/news/education/headlines/20101011-Houston-area-schools-tracking-students-with-6953.ece.
Privacy is recognized as a fundamental right: United Nations (10 Dec 1948), “The Universal Declaration of Human Rights,” http://www.un.org/en/documents/udhr.
European Convention on Human Rights: The convention was revised in 2010. European Court of Human Rights (1 Jun 2010), “European Convention of Human Rights,” Council of Europe, http://www.echr.coe.int/documents/convention_eng.pdf.
It’s in the US Constitution: Doug Linder (2014), “Exploring constitutional conflicts: The right of privacy,” University of Missouri, Kansas City, http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html.
It’s part of the 2000 Charter: European Union (18 Dec 2000), “Charter of Fundamental Rights of the European Union,” http://ec.europa.eu/justice/fundamental-rights/charter/index_en.htm.
the UN General Assembly approved: The document reaffirms “the human right to privacy, according to which no one shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, and the right to the protection of the law against such interference, and recognizing that the exercise of the right to privacy is important for the realization of the right to freedom of expression and to hold opinions without interference, and is one of the foundations of a democratic society.” United Nations General Assembly (21 Jan 2014), “Resolution adopted by the General Assembly on 18 December 2013, 68/167, The right to privacy in the digital age,” http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/68/167.
Charter of Fundamental Rights: The charter was declared in 2000, but didn’t have full force of law until it was ratified as part of the Treaty of Lisbon in 2009. European Union (18 Dec 2000), “Charter of Fundamental Rights of the European Union,” http://ec.europa.eu/justice/fundamental-rights/charter/index_en.htm.
privacy is not something to be traded: Benjamin Franklin said, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”
There’s an opportunity for real change: Marcia Stepanek (8 Aug 2013), “The Snowden effect: An opportunity?” Stanford Social Innovation Review, http://www.ssireview.org/blog/entry/the_snowden_effect_an_opportunity.
Rahm Emanuel said: Gerald F. Seib (21 Nov 2008), “In crisis, opportunity for Obama,” Wall Street Journal, http://online.wsj.com/news/articles/SB122721278056345271.
group interest against self-interest: Bruce Schneier (2012), Liars and Outliers: Enabling the Trust That Society Needs to Thrive, Wiley, http://www.wiley.com/WileyCDA/WileyTitle/productCd-1118143302.html.
humanity will benefit: Charles Safran et al. (Jan/Feb 2007), “Toward a national framework for the secondary use of health data: An American Medical Informatics Association white paper,” Journal of the American Medical Informatics Association 14, https://www.sciencedirect.com/science/article/pii/S106750270600212X. Peter B. Jensen, Lars J. Jensen, and Søren Brunak (Jun 2012), “Mining electronic health records: Towards better research applications and clinical care,” Nature Reviews: Genetics 13, http://www.dartmouth.edu/~cbbc/courses/bio270/PDFs-13S/Tim_Byounggug.pdf.
analyzes the study habits: Reynol Junco (2014), Engaging Students through Social Media: Evidence Based Practices for Use in Student Affairs, Wiley/Jossey-Bass, http://www.wiley.com/WileyCDA/WileyTitle/productCd-1118647459.html.
OKCupid has been experimenting: Christian Rudder (28 Jul 2014), “We experiment on human beings!” OK Trends, http://blog.okcupid.com/index.php/we-experiment-on-human-beings. Christian Rudder (4 Sep 2014), “When websites peek into private lives,” Wall Street Journal, http://online.wsj.com/articles/when-websites-peek-into-private-lives-1409851575.
it’s hard to justify: Mark Weinstein (2 Sep 2014), “OKCupid, that’s OKStupid,” Huffington Post, http://www.huffingtonpost.com/mark-weinstein/okcupid-thats-okstupid_b_5739812.html.
value in our collective data: US Executive Office of the President (2013), “Digital government: Building a 21st century platform to better serve the American people,” http://www.whitehouse.gov/sites/default/files/omb/egov/digital-government/digital-government.html. Microsoft Corporation (27 Mar 2013), “State and local governments adopt Microsoft Dynamics CRM to improve citizen service delivery,” Microsoft News Center, http://www.microsoft.com/en-us/news/press/2013/mar13/03-27dynamicscrmpr.aspx.
we need to get involved: The UK’s GCHQ explicitly fears this debate. One of the Snowden documents repeatedly talks about avoiding a “damaging public debate” about the extent of surveillance. James Ball (25 Oct 2013), “Leaked memos reveal GCHQ efforts to keep mass surveillance secret,” Guardian, http://www.theguardian.com/uk-news/2013/oct/25/leaked-memos-gchq-mass-surveillance-secret-snowden.
I often turn to a statement: It is actually his paraphrase of an older statement by the abolitionist Theodore Parker, from 1853: “I do not pretend to understand the moral universe, the arc is a long one, my eye reaches but little ways. I cannot calculate the curve and complete the figure by experience of sight; I can divine it by conscience. But from what I see I am sure it bends towards justice.” garson (15 Nov 2012), “The arc of the moral universe is long but it bends toward justice,” Quote Investigator, http://quoteinvestigator.com/2012/11/15/arc-of-universe.
INDEX
Page numbers listed correspond to the print edition of this book. You can use your device’s search function to locate particular terms in the text.
Page numbers beginning with 243 refer to notes.
Abdulmutallab, Umar Farouk, 136, 139
accountability:
corporate surveillance and, 193–95, 196–97, 202
government surveillance and, 161–63, 168
Accretive Health, 108
Acxiom, 41, 52
AdBlock Plus, 56
Adobe, 60
advertising, personalized, 5, 53–56, 233, 269
by Amazon, 51
by Apple, 50–51
creepiness factor in, 54–55
data brokers and, see data broker industry
data mining and, 33, 34, 38
&
nbsp; declining value of, 55–56
in Gmail, 129–30, 142–43
Internet surveillance and, 47, 48–51, 206
location data and, 39–40
as over-hyped, 54
in political campaigns, 54, 115–16
ubiquitous surveillance and, 53, 233
AdWords, 54
Afghanistan, 26
Afghanistan War, 65
airline tickets:
frequent flyer programs and, 219
pricing of, 109–10
airplane security, 93, 158
Alexander, Keith, 80, 138, 139, 220, 339
al Qaeda, 63
Amazon, 28, 59
as information middleman, 57
personalized advertising by, 51
Amdocs, 182
amicus briefs, 209
Amirahmadi, Hooshang, 103
Android phones, 58
Angry Birds, location data tracked by, 48
anonymity:
data mining and, 42–45
inadequate protection of, 44–45
Internet and, 43–44, 131–33, 263–64
right to, 318
value of, 133–34
Anonymous (hacker group), 42–43
AOL, 43
Apple, 59–60, 221
customer loyalty to, 58
government demands for data from, 208, 354
iTunes store of, 57
personalized advertising and, 50–51
Wi-Fi password database of, 31
appliances, smart, 15–16
Applied Cryptography (Schneier), 119
Ardis, Jim, 101
Area SpA, 81
Army, US, recruiting ads of, 110–11
Arnbak, Axel, 179
Assange, Julian, 231
AT&T, 120, 122
Australia, in international intelligence partnerships, 76
automobile companies, GPS data collected by, 29–30