Privacy Norms in the Bio-Digital World

pixelatedworldThe Western world is pervaded by digital information, to the point where we might argue that most Western citizens operate in a bio-digital field that is constituted by the conditions of life and life’s (now intrinsic) relationships to digital code. While historically (if 30 years or so can withstand the definitional intonations of ‘historically) such notions of code would dominantly pertain to government databanks and massive corporate uses of code and data, with the advent of the ‘social web’ and ease of mashups we are forced to engage with questions of how information, code, and privacy norms and regulations pertain to individual’s usage of data sources. While in some instances we see penalties being handed down to individuals that publicly release sensitive information (such as Sweden’s Bodil Lindqvist, who was fined for posting personal data about fellow church parishioners without consent), what is the penalty when public information is situated outside of its original format and mashed-up with other data sources? What happens when we correlate data to ‘map’ it?

Let’s get into some ‘concrete’ examples to engage with this matter. First, I want to point to geo-locating trace route data, the information that identifies the origin of website visitors’ data traffic, to start thinking about mashups and privacy infringements. Second, I’ll briefly point to some of the challenges arising with the meta-coding of the world using Augmented Reality (AR) technologies. The overall aim is not to ‘resolve’ any privacy questions, but to try and reflect on differences between ‘specificity’ of geolocation technology, the implications of specificity, and potential need to establish a new set of privacy norms given the bio-digital fields that we find ourself immersed in.

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Rendering CCTV (Somewhat) More Transparent

CCTV meets consumerismIn a conversation with Prof. Andrew Clement this summer we got talking about the ever-increasing deployment of CCTV cameras throughout Canada. The conversation was, at least in part, motivated by the massive number of cameras that are being deployed throughout Vancouver with the leadup to the 2010 Olympic games; these cameras were one of the key focuses of the 10th Annual Security and Privacy Conference, where the BC Privacy Commissioner said that he might resign if the surveillance infrastructure is not taken down following the games.

I don’t want to delve into what, in particular, Prof. Clement is thinking of doing surrounding CCTV given that I don’t think he’s publicly announced his intentions. What I will do, however, is outline my own two-pronged approach to rendering CCTV a little more transparent. At the onset, I’ll note that:

  1. My method will rely on technology (augmented reality) that is presently only in the hands of a small minority of the population;
  2. My method is meant to be more and more useful as the years continue (and as the technology becomes increasingly accessible to consumers).

The broad goal is the following: develop a set of norms and processes to categorize different CCTV installations. Having accomplished this task, a framework would be developed for an augmented reality program (here’s a great blog on AR) that could ‘label’ where CCTV installations are and ‘grade’ them based on the already established norms and processes.

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Copyright and the Blank Media Levy

mediaplayer2I’ve been watching with some interest the new Artist 2 Fan 2 Artist project, recently started up by Jon Newton and Billy Bragg. The intent of the site is to bring artists and fans together and encourage these parties to speak directly with one another, without needing to pass through intermediaries such as producers, labels, public relations groups, managers, and so on. It will be interesting to see how the dialogue develops.

One of the key elements of the site that interest me the discussion of paying artists (and other content creators); how can we avoid demonizing P2P users while at the same time allocating funds to artists/copyright owners in a responsible manner. On October 5th, this topic was broached under the posting ‘In Favour of a Music Tax‘, and I wanted to bring some of my own comments surrounding the idea of a music tax to the forefront of my own writing space, and the audience here.

I think that an ISP-focused levy system is inappropriate for several reasons: it puts too much authority and control over content analysis than carriers need, puts carriers at risk when they misidentify content, and would make carriers (for-profit content delivery corporations) in charge of monitoring content without demanding consumers that pay ‘full value’ for content moving through their networks. This last point indicates that an ISP-based levy puts ISPs in a conflict of interest (at least in the case of the dominant ISPs in Canada). Another solution is required.

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Some Data on the Skype iPhone Application

SkypePhoneSkype is a polarizing product for telecom operators and customers. It is an application that lets customers abandon their historical phone services in favour of an encrypted Voice over Internet Protocol (VoIP) communications service that provides ‘free’ calls to computers and cheap rates when making a Skype-to-analogue/cellular phone service. For customers, it extends the choices presented to them and potentially reduces their monthly phone expenses.

The iPhone application for Skype has made headlines as telecom and smartphone manufacturers alike have actively and passively resisted, and ultimately relented, to permitting customers make Skype calls from their iPhones and other mobile devices. Apple has stated that they will not ‘jump through hoops’ to ensure that VoIP applications work through successive operating system updates, and AT&T’s poor data transmission systems likely made them somewhat hesitant to allow another bandwidth-heavy service onto their networks. What really got me interested in the Skype iPhone application, as a Canadian, was the following:

  1. Canadian customers can now install Skype on their iPhones;
  2. There was no place on the web that informed Skype users of how much data was consumed by the iPhone application when in use.

It was #2 that was particularly interesting. Canadian consumers tend to have fairly low default bandwidth caps with Rogers, the primary carrier of the iPhone in Canada, at 1GB in the basic iPhone plan. My thought was this: if the iPhone application actually consumed massive amounts of data Rogers would:

  1. Make a killing on the likely data overages as early adopters shifted over to Skype VoIP in favour of Rogers’ own voice services;
  2. If the application actually consumed a large amount of bandwidth, carriers might see it as ‘technically’ needing to be mediated using some system (perhaps deep packet inspection).

I started putting out feelers, and no one knew how much data the application consumed. Rogers claimed they didn’t know, nor did Apple. A contact on Twitter who worked as customer relations for Skype also doesn’t know the amount of data used, and the information was nowhere (that I could find) on the English-written web. Similarly, my international contacts were uncertain about data requirements. Fortunately, after an extended wait, I’ve finally received word from Skype’s customer service desks (my last ditch effort was to submit a support ticket). Here is how the relevant part of the email reads:

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Analysis: ipoque, DPI, and Network Neutrality

netneutralityrallyottawaGerman Deep Packet Inspection (DPI) manufacturer, ipoque, has produced a white paper titled “Deep Packet Inspection: Technology, Applications & Network Neutrality.” In it, the company distinguishes between DPI as a technology and possible applications of the technology in a social environment. After this discussion they provide a differentiated ‘tiering’ of various bandwidth management impacts on network neutrality. In this post I offer a summary and comment of the white paper, and ultimately wonder whether or not there is an effective theoretical model, grounded in empirical study, to frame or characterize network neutrality advocates.

The first thing that ipoque does is try and deflate the typically heard ‘DPI analysis = opening a sealed envelop’ analogy, and argue that it is better to see packets as postcards, where DPI analysis involves looking for particular keywords or characters. In this analysis, because the technology cannot know of the meaning of what is being searched for, the DPI appliances cannot be said to violate one’s privacy given the technology’s lack of contextual awareness. I’ve made a similar kind of argument, that contextual meaning escapes DPI appliances (though along different lines) in a paper that I presented earlier this year titled “Moving Across the Internet: Code-Bodies, Code-Corpses, and Network Architecture,” though I think that its important to recognize a difference between a machine understandingsomething itself versus flagging particular words and symbols for a human operator to review. Ubiquitous, “non-aware,” machine surveillance can have very real effects where a human is alerted to communications – its something of a misnomer to say that privacy isn’t infringed simply because the machine doesn’t know what it’s doing. We ban and regulate all kinds of technologies because of what they can be used for rather than because the technology itself is inherently bad (e.g. wiretaps).
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The Business of Infringing Content

CreepycopyrightinfringementWhen people are about to download content from the ‘net that is copywritten, many often ask ‘will I get caught doing this?’ For many, the response is ‘no’ and then continue to download that episode of Seinfeld or whatever. Given that there are so many people downloading, and that record companies in the US have claimed to have abandoned filing new lawsuits against individuals, then things (in North America) appear to be getting better.

At issue, however, is that filing lawsuits is big money, and in Europe especially it looks like Digiprotect has moved in to assume first-mover advantage. Digiprotect gets “the legal rights from the companies to distribute these movies to stores, and with these rights we can sue illegal downloaders. Then we take legal action in every country possible, concentrating on the places where such action will be profitable” (Source). They avoid demanding too much money from infringers, on the basis that few judges like the idea of imposing million dollar fines on individuals – usually opting for suits demanding in the vicinity of 500 Euros. This amount of money ‘teaches’ individuals and provides enough money to keep the employees paid. No staff member has a fixed salary – they are paid according to the ‘cases’ that are won. The actual method of determining the financial burdens are based on the business expenses, profit, and money to be distributed to artists. In effect, the company sets up a honeypot and then sues whomever it is profitable to sue.

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