Mobiles and Your Identity

Today I want to just briefly talk about the competition between Apple’s iPhone and Research in Motion’s Blackberry. I’m not going to bother with things like the aesthetics or the ease of using one over the other. Instead what I want to talk about is how these devices are, and will (in the iPhone’s case) be used. I’ll, as usual, provide a bit of background and then get to what is the real issue with these devices: unless secured, these devices, and other like them, can reveal a substantial amount about yourself and others, enough that it would be a relatively simple task to assume your identity and potentially negatively affect others’ identities/reputations.

Packing Some Confidential Property

I’ll admit it: whenever I go anywhere, my Blackberry comes with me. I use it to track all facets of my life: my contacts (i.e. who I know, what I know about them, notes that I see as important about them), my calendar (i.e. what I do at almost all points of my day, who I’m meeting with, why I’m meeting with them), my email (i.e the communication that I have and think should be recorded for a later date), and my instant messaging (i.e my personal discussions that let me be me with friends). This is super-convenient for me. It also means that I’m carrying a device that would give someone who found/stole it a significant insight into my life and some insight into the lives of people that I know.

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When Does Legal Publicity Punish Citizens?

I use Facebook. I blog. I am a registered member of various online services, as well as several offline ones. Google, Facebook, several IT forums, credit card companies, my bank, and my employer (to name a few) can develop a fairly good picture of what I do and where I go on a regular basis. They can predict what I can, and likely will, do. While these issues are important, and I continue to write about them, for this post I want to attend to public documents. Specifically, I want to think about the implications of making legal decisions and court transcripts publicly accessible to anyone with an Internet connection.

Welcome to Law, Online

As mentioned I use Google. I also use a series of other search engines, as I’m sure many others do. Some are specialized for journal articles, others for books to borrow, yet others for books to buy, and so on. Sometimes, when I’m bored, I also search for law cases to read up on (yes, I realize that makes it sound like I have too much time on my hands. It’s for research purposes, really!). Members of the Canadian public can request access to judgments that have been made in a Canadian court; while it may cost the first person to request the transcript a few dollars, subsequent visitors will face negligible costs where costs are imposed at all. Digitized judgments are increasingly placed online for major search engines index and which members of the public can access them at any time. This is done in accordance with precedent – citizens have always been able to read transcripts of court cases by visiting the court where the judgment is kept, finding the documents, and sitting down and reading them. The digitization of such documents (the argument goes) is just a natural extension of past systems of public use.

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OpenID and You

People are doing more and more online. They use Flickr to upload and share their pictures, they blog using Blogger and Livejournal, and chat using AOL systems. In addition to doing more online, the more they do, the more passwords they (tend) to have to know. They also have to create a discrete user profile for each new environment. With OpenID, those hassles could be over!

What is OpenID

OpenID is an open source community project that is intended to act as a centralised user-space. It is describes as:

a lightweight method of identifying individuals that uses the same technology framework that is used to identify web sites … It eliminates the need for multiple usernames across different websites, simplifying your online experience. You get to choose the OpenID Provider that best meets your needs and most importantly that you trust. At the same time, your OpenID can stay with you, no matter which Provider you move to. And best of all, the OpenID technology is not proprietary and is completely free.(Source)

In essence, users will be able to carry their profiles and data with them, regardless of the service or content providers that they turn to. the major upshot, for consumers, is that it should mitigate some difficulties and hassles related to online lock-in. At the same time, it means that the different communities and spaces a person participates in will have access to that centralised knowledge basin, from which increasingly complex and rigorous digital portfolios can be developed.

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Shaping your Identity

It’s been a while since I’ve been updating this blog regularly – since I last wrote, I’ve completed my Master’s thesis, traveled to Brasil, sent out applications to Doctoral programs, found (temporary) full-time employment, and rested my brain a bit. Now, I feel rejuvenated, and ready to get back into the swing of things.

Setting the Stage

We are increasingly living in a hybrid world, one where our lives are being digitized. We eat food (analogue) but order it online (digital); we use our voices to talk with one another (analogue) using cell phones (digital); we read cooking recipes (analogue) from recipe websites (digital). In addition to what we actually do, what happens around us, and shapes how we are capable of interacting, often occurs within digital spaces – banking institutions are networked, government documents are send across departments by email, and major corporate executives that make (oftentimes) global decisions seem to have Blackberries surgically attached to themselves.

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Shield the Sources, Shield the Telecoms

The past couple of days have been interesting, to say the least, when looking at recent shifts and decisions in American legislatures. Specifically, the House is looking to shield bloggers from federal investigations by providing them with the same protections as reporters, and that after the telecommunication companies that ‘theoretically’ (read: actually) cooperated with NSA spying activities have refused to cooperate with Congressional investigations that they have been let off the hook. Let’s get into it.

Federal Journalists and Professional Bloggers Shielded

The US has had a long history of journalistic freedoms, but in the face of recent technological advances they have refused to extend those freedoms to users of new journalistic mediums. Bloggers, in particular, are becoming a more and more important source of information in the US – some dedicate their lives to blogging and use it for professional gain. Until recently they have (typically) been refused the same status as traditional journalists, which has made it risky for bloggers to refuse to disclose their sources if hauled into courts of law.

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Piracy, Privacy, and Big Brother

As an initial aside: Linux betas really are betas, nothing like the relatively polished (in comparison) betas that Redmond released.

Piracy or ‘Avast Me Mateys!’

I don’t spend a lot of time talking about software or music piracy, largely because I think that there are alternate sources that more effectively aggregate and deliver news about it. That said, I couldn’t resist commenting on Jennifer Pariser’s (head of litigation for Sony BMG) statements surrounding digital technologies. When under oath, Pariser responded to Richard Gabriel’s (the lead counsel for record labels) question of whether it was wrong for consumers to make copies of music they have purchased, stating,

When an individual makes a copy of a song for himself, I suppose we can say he stole a song.” Making “a copy” of a purchased song is just “a nice way of saying ‘steals just one copy’ (source).

Her comments directly point to why fair use is under such duress. More importantly, however, even when we apply the principle of charity to her general position, her comments seem to defy the public’s position on the matter. I don’t want to suggest that because people generally believe something that the law should reflect their beliefs – if that was the case then racial segregation would be more prominent than it is – but that when extensive public discourse has been undertaken and a common position is held by the deliberative participants, that their shared consensus should operate as the basis for developing legitimated law. I think that this discourse has, and continues to, occur in North America.

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