Understanding Privacy

privacyprof writes "Slashdot readers familiar with Professor Daniel J. Solove's essay, 'I've Got Nothing to Hide and Other Misunderstandings of Privacy,' might be interested in his new book, Understanding Privacy, which develops many of the ideas in that essay. As rapidly changing technology makes information increasingly available, there has been a great struggle to define privacy, with many conceding that the task is virtually impossible. The book argues there are multiple forms of privacy, related to one another by 'family resemblances.' It explains the framework for understanding privacy which was briefly discussed in the 'Nothing to Hide' essay. The book covers the framework in greater depth and explores how it applies to a wide array of privacy issues, such as data mining, surveillance, data security, and consumer privacy. Chapter 1 is available for free download."

Privacy isn't that difficult.

Personally, I think the idea that privacy is difficult to comprehend is overblown. Privacy is not at all difficult to define, understand, or to properly address in either the social or political sense.

Privacy is defined by the set of social boundaries dealing with information in any one society that we are expected not to cross. How well you respect privacy is essentially whether you elect to cross those boundaries against those expectations.

Here is my essay on privacy [wordpress.com]; see if reading it doesn't nail the issue for you in very short order.

There is literally no need to invoke "multiple kinds" or "family resemblances", to mistake the hardening of a boundary (increasing difficulty of access) or the softening of it (as in data becoming easier to get to) for the idea that there actually is one, or to imagine that digital data is somehow qualitatively different than a letter. That's just making a ridiculous mess out of things that weren't all that complicated to begin with.

Further, it isn't that there has been a "great struggle" to define privacy in a practical sense; any reasonably intelligent citizen knows perfectly well what it is, and they know when it has been violated, too. The problem is that the government (in the USA, at least) has found it to its great advantage to ignore privacy at every level it can; and that we are nearly powerless to do anything about it. That's what is causing all the fuss, and deservedly so.

Re:Privacy isn't that difficult.

This is essentially saying privacy is privacy. "The set of social boundaries ... that we are expected not to cross" really varies from person to person. In fact, if you use this definition, if people accept warrentless wiretapping as the norm, then social expectation will dictate that there really aren't any privacy violations going on, which is a neat little way to define away privacy erosions. What social boundaries are we talking about here, and who is the "we" that are expected not to cross them?

Re:Privacy isn't that difficult.

This is essentially saying privacy is privacy. "The set of social boundaries ... that we are expected not to cross" really varies from person to person. In fact, if you use this definition, if people accept warrentless wiretapping as the norm, then social expectation will dictate that there really aren't any privacy violations going on, which is a neat little way to define away privacy erosions. What social boundaries are we talking about here, and who is the "we" that are expected not to cross them?

I have argued with people in the past who don't care when I show them the keylogger on their Windows computers. They bank online, and I show them that there is a keylogger installed, and they are so stubborn in the mindset that "I don't know what it is, so it won't hurt me and please I don't want to learn". This is actually normal, as I've found this behaviour in many people. It's maddening. These are people that must be saved from themselves.

Sometimes I think that simple GUI computer interfaces like KDE or Windows did to the PC what the automatic transmission did to the automobile. The bar of entry was lowered so low that now the complete idiots of the world can operate the technology and get themselves killed.

Re:Privacy isn't that difficult.

Agreed, it's not that complex. I didn't RTFE/B, nor your FE, but we talked about this at length back in my grad school. It comes down to this:

Privacy = I decide who knows what about me.

This, to me, does away with the "I have nothing to hide" fallacy, because that attitude surrenders power. It's not about what they find, it's about who decides when and where they can look in the first place.

To put it another way, if you argue that the authorities can do whatever they like because you haven't done anything wrong, you surrender any right to make a case that they might be doing something wrong.

Re:Privacy isn't that difficult.

Privacy = I decide who knows what about me.

That's a good working model. It doesn't account for someone who comes into your house and sprays graffiti on your walls, though.

Consider defining your equality this way:

Privacy = I decide who has access to me, those people I am responsible for, and those things that are mine.

Then go look at the fourth amendment. Carefully. Think about the role of persons, houses, papers, and effects as stated there, as well as how those things generalize into today's realities, and then take a moment to marvel and just how right those people got the issue.

Then take another to be absolutely horrified at how wrong today's government has gotten them.

Re:Privacy isn't that difficult.

Not really. Knowledge is not a synonym for physical or human-free (computer) non-storing access; yet access -- to knowledge certainly, but also to property, your person, your effects, your home -- directly addresses the issue at hand.

Personally -- and I seriously mean that, this is not about you -- I find that boiling things down to be concise is a task that, while eminently worthwhile, is fraught with the risk of error. One of the signals that I've gone too far is when I find myself trying to make what I said into an abstraction of an abstraction. That's why I would not adopt your formulation.

In this case, I find the fourth amendment instructive. Those were incredibly insightful people. When they said the right of the people to be secure in their persons, houses, papers, and effects, that really covers the bases very well, without having to get all hand-wavy.

...unless you're a government stooge, that is. In which case, like the commerce clause, the prohibitions against ex post facto laws, the phrases "shall make no law" and "shall not be infringed" and "shall enjoy the right" and "nor shall be compelled" and others, we are being told we should believe it means the exact opposite of what it says. I have a severe problem with that.

Re:Privacy isn't that difficult.

An Excellent post fyngyrz!

The problem is one of convenience. The average citizen is uneducated as to the nuances of liberty and freedom. (Not, I should say, uneducated in general). Given then the ignorance of liberty and freedom, they are easily swayed into giving up their constitutional power under the guise of necessity. For it is much more inconvenient to object and much more convenient to acquiesce.

Take a look at every legislation that resulted in the encroachment, or out right infringement of the 4th amendment. Every single incident was precipitated by some perceived "danger" to society as a whole in which that specific piece of legislation was to address.

Ironically, this is nothing new. And again, the masses are ignorant. Those who ignore history are doomed to repeat it.

Give the masses their bread, give them their entertainment, and they will become complacent. Make it too inconvenient for them to question and they will not until the very end.

"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual." - Thomas Jefferson

"The two enemies of the people are criminals and government, so let us tie the second down with the chains of the constitution so the second will not become the legalized version of the first." -Thomas Jefferson

"They that can give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." - Benjamin Franklin

"Necessity is the plea for every infringement of Human freedom. It is the argument of tyrants; it is the creed of slaves." - William Pitt

"Good intentions will always be pleaded for every assumption of authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters." - Daniel Webster

Actually, here's what makes it difficult

Actually, what makes anything difficult with humans is our being herd animals. We do stuff that we think would please the herd and make us better liked by our peers. Because we're nice and social like that.

Unfortunately, that can be used jujutsu style against us. Enter: groupthink. And there are those who figured out how to do that. It's not new, it's at least ten thousand years old, very probably even more.

Groupthink is a funny thing. Take for example a bunch of farmers, like in the infamous Goering quote, who each independently would rather work their farm than go risk death and crippling in a war where they have nothing to gain. Independently, each would rather _not_ go to war. Put them in a situation where each thinks "OMG, I'd lose face if the others think I'm a coward and unpatriotic" and watch them thump their chests and screaming pro-war slogans. Watch them cheer for the very things they despise secretly. Or conversely shaking a fist and yelling against the very things they desire.

And after a short while, cognitive dissonance kicks in, and they even lie to themselves that they really want those things they hate, and they really hate those things they want.

It's the emperor's new clothes story. Get a bunch of people who think everyone else sees those non-existent clothes, and that their standing would fall dramatically if they don't. Watch them all swear that they can see them clothes. In fact, watch cognitive dissonance kick in, and see them convince even themselves that they _do_ kinda see the clothes.

Where the Grimm Brothers got it wrong, is that that phenomenon is _very_ hard to unravel. In the story, all it takes is one kid shouting "the emperor is naked", for the whole charade to come apart. In reality, that wouldn't do jack squat.

In reality, for you to be brave, someone else must be a coward. To provide the comparison. For you to be smart, someone else must be stupid. For you to be a superior audiophile who hears the difference in downloaded MP3s with an audiophile Ethernet cable, someone else must be inferior enough to not hear it. Etc. The child shouting "the emperor is naked" just provides that other term of the comparison. It makes everyone else in the crowd pat their backs and congratulate each other that they're not like that simpleton kid who can't see the clothes.

It's a funny thing too, in that it's not even the emperor's guards that make it happen. They're at best a catalyst to get it started. Two hundred years later the emperor could be dead and his heirs guillotined long ago, the country could be a democracy, and the "clothes" could be in a museum showing the craftsmanship in the old days. Or maybe as proof of the excesses of nobility in the old days. And people would still come and squint and convince themselves that they _can_ see some fabulous clothes behind the glass. Just because everyone else does.

So what does this have to do with privacy? Well, that's why you have to explain to people exactly what privacy is and that it's not some shameful failing to need your personal space. Because there are plenty of those trying to make it sound like you're some horrible monster and your peers would surely shun you if you want privacy. The ball is already rolling towards turning it into a group-think situation, and there are interested parties pushing the ball in that direction too. You need more than just, well, "privacy is privacy, duh, and of course you need it" to defuse that.

Re:Privacy isn't that difficult.

Privacy is defined by the set of social boundaries dealing with ACCESS in any one society that we are expected not to cross.

So basically, my kitten society has no business venturing into your private blender?

Re:Privacy isn't that difficult.

So if you have nothing to hide, you would be perfectly comfortable with "THEM" listening/watching/observing all communications made between you and: your friends; your family; your significant other (God knows I don't want some NSA operative reading some of the pet names I have for mine)? You're okay with them having access to all information relating to you, including name, age, sexual orientation, date of birth, blood type, medical history, insurance history, credit history, dating history, and I would go on, but I'm having trouble thinking of more personal things "THEY" would be interested in.

There's a concept known as the "slippery slope" that basically mirrors the saying, "Give X and inch, and they'll take a mile." If we let "THEM" listen in on phone conversations so that "THEY" can prevent terrorism, it'll be a matter of time until we're asked to endure the wiretapping because there are 'harmful dissidents' in the country, trying to harm the nation. Actually, for a real-world tangible example where you can see the effects of allowing your government to invade your privacy, look at China. Yeah, you can call semi-Godwin's Law on me for citing Communists, but tell me that I'm wrong. They claim that the censorship, the firewall, and all that is to help keep the country safe and sane, but who really believes that?

Re:Privacy isn't that difficult.

I don't pin everything on the government. However, they are indeed the primary source of privacy problems in the USA right now. We have, historically speaking, had good legal backup for the concept of privacy as embodied in the 4th amendment. The government is doing a great deal to erode those protections on many fronts at once, and this is, I maintain, the key area we need to focus on this issue. While I am not happy if John Q Moron personally invades my email stash, I am a lot more concerned if the government decides that's OK in the face of its own constituting authority. I'll deal with John Q later.

Re:Privacy isn't that difficult.

If you had a honest government, it would make it its business to deal with John Q for you.

Unfortunately, if John Q owns some kind of corporation, chances are that you're in the wrong if you kick him out.

Re:Privacy isn't that difficult.

Just an observation... The 4th only applies to the government specifically and not towards anything else (I have wondered about private entities and then submission of the information to the government for a while now). Additionally, the word privacy doesn't appear in there at all.

I think it needs fixing. That is just my opinion though.

I'm kind of old and kind of have some odd memories. For instance, I used a party line on the telephone as a kid. I guess, to ask a retarded (slowed) question... Does anyone REALLY expect privacy when they talk on a phone or use the internet or the likes? I mean, really? Do you expect it? I *wish* it but I don't expect it. I don't think I have a reasonable expectation of it because, well, it would be unreasonable for me to expect it in this environment? I still WANT it but I don't expect it.

Re:Privacy isn't that difficult.

The action alone is already anything but ok, but the fact that you even wrote it in the right order to reflect the actions (read: commit the crime and retroactively make it legal) is what really kicks anything resembling an orderly state into the proverbial nuts.

It basically means the government can commit any crime. Should they be caught red handed, they just legalize it retroactively. If they don't get caught, no reason to talk about it altogether.

That doesn't really increase the faith and trust in the government and its agencies either. It's a sad time indeed when you're more afraid of your own country and its organisations rather than some kind of enemy.

Feels a bit like Soviet Russia, if you ask me...

Re:Sorta....

Frankly, the type of data the US Government works with is mostly public knowledge anyway.

Yes? What you say on the phone? The amounts, times and participants in your banking transactions? Your medical records? Your email? Your borrowings from the library? Your purchases from Amazon? Your credit card records? These comprise "public knowledge"?

I'm sorry, but I have to call your position the definitive "head in the sand" position. I cannot agree, even slightly.

Re:Privacy isn't that difficult.

Normal, mentally healthy people don't need to be taught these boundaries, they are implicit social contracts.

[says nothing, waves hands in general direction of congress, the executive, and the judiciary]

"I've Got Nothing To Hide"

*Everyone* has something they'd like to keep hidden. Can I watch you have sex with your spouse, or read your bank statement? Can I have your exact height and weight, and maybe get a glance at your mental health records? Do you mind if I videotape your grandfather's funeral? Got any love letters left over from Junior High I can read?

Re:"I've Got Nothing To Hide"

You can have all that and *more* if you subscribe to my newsletter.

Re:"I've Got Nothing To Hide"

It's not even about having anything to hide.

Being under surveillance is a stressful situation. Unfortunately I lost the link to the survey, but I think everyone can relate to it. Remember the time when you were at school and were asked something, maybe something trivial, yet everyone in class looked at you. Think of an interview in the street, maybe a camera team asking for your opinion. Think of a police car driving behind you on the road, even if they don't want anything from you, where you aren't even under any kind of surveillance but you feel like you are.

Being monitored creates stress. Now imagine putting people permanently under stress. I could see a few flipping before long.

Re:"I've Got Nothing To Hide"

Being monitored creates stress. Now imagine putting people permanently under stress. I could see a few flipping before long.

In fact this is precisely what happened during the infamous Stanford Prison Experiment [wikipedia.org].

Re:"I've Got Nothing To Hide"

Being monitored creates stress. Now imagine putting people permanently under stress. I could see a few flipping before long.

Yes, and more. Privacy lets you behave morally (as judged by your own moral code) in a world of people who would wrongly criticize you. For example, right now I need privacy in order to spank my children in a world that is presently running a perilous anti-spanking experiment.

As social creatures, disapproval and disenfranchisement cause us physical pain. Privacy shields our proper actions from that.

Those old white dudes had it right

Property privacy:
"No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."

Property Privacy Rights, part two:
"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."

Just something to think about.

The Problem is Not Misunderstanding of Privacy

but rather insufficient penalties for violating the privacy of another. If the perceived profit, whether that be money or some other reward, outweighs the perceived loss (i.e. punishment for violating the privacy of another) then privacy will always be violated assuming that it can be. Many of the perceived problems with protecting one's privacy today have been created by or occurred as a consequence of the introduction of new technologies, so it follows then that solutions must also be technological rather than strictly social or legal because of the aforementioned favorable risk/reward quotient for breaching the privacy of another. That is why it is important for people to take the necessary steps to protect their own privacy including use of strong encryption, strong passwords, fake identities, mail drops, etc. I find that it is best to view the entire exercise as an adversarial process [wikipedia.org] where the reward for winning is continued privacy and the cost of losing is a breach of privacy. You are continually seeking to protect your privacy while others are actively seeking to breach it.

A short story about privacy

A friend of mine grew up in Spain under Franco's regime. By the time she was ready to start work in the local factory, Franco had been dead for six years and Spain had become a democracy. A relative asked her to join the trade union at the factory and help out with the admin work.

You may or may not agree with trade unions just bear with me.

Most of us are lucky enough to live in democracies where we can make these choices and think nothing of it, we have nothing to hide after all. A few weeks after she started work, on the night of 23rd February 1981, fascist elements of the Spanish military attempted a coup and took control of the parliament. She spent the night along with her relative and other union officials burning and burying all the union membership details and correspondence because all of a sudden they did have something to hide, the mass graves of student radicals and trade unionists are still turning up from Franco's time [bbc.co.uk].

Luckily the coup failed and democracy was quickly restored. The point being we can't burn or bury our electronic records, emails, phone logs, forum posts, blogs, journeys logged by electronic numberplate recognition and cellphone records because we don't have control of them. Privacy matters more than ever, the record of what you do now could last forever and you don't know who will use that information and for what purpose.

Re:grr.

after all, who wants privacy if you cannot be safe to enjoy it?

Me. Unfortunately, I was not offered the choice.

Forcing security upon someone who does not ask for it is nothing but paternalism.