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Privacy

When it Comes To Privacy, Consent is Immaterial. Corporate and Gov't Surveillance Systems Must Be Stopped Before They Ask For Consent: Richard Stallman (theguardian.com) 266

In a rare op-ed, Richard Stallman, the president of the Free Software Foundation, says that the surveillance imposed on us today is worse than in the Soviet Union. He argues that we need laws to stop this data being collected in the first place. From his op-ed: The surveillance imposed on us today far exceeds that of the Soviet Union. For freedom and democracy's sake, we need to eliminate most of it. There are so many ways to use data to hurt people that the only safe database is the one that was never collected. Thus, instead of the EU's approach of mainly regulating how personal data may be used (in its General Data Protection Regulation or GDPR), I propose a law to stop systems from collecting personal data.

The robust way to do that, the way that can't be set aside at the whim of a government, is to require systems to be built so as not to collect data about a person. The basic principle is that a system must be designed not to collect certain data, if its basic function can be carried out without that data. Data about who travels where is particularly sensitive, because it is an ideal basis for repressing any chosen target.

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When it Comes To Privacy, Consent is Immaterial. Corporate and Gov't Surveillance Systems Must Be Stopped Before They Ask For Co

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  • ...wat? (Score:4, Interesting)

    by Digital Avatar ( 752673 ) on Tuesday April 03, 2018 @11:33AM (#56372965) Journal

    I may agree that companies have no business collecting 99% of what they collect about me, but the idea that I shouldn't even be able to consent to that when or if I deem it acceptable is tyranny by any other name. My body, my rights :: my privacy, my rights. You're not the only one who should be allowed freedom, King Richard.

    • Easy to get consent (Score:5, Interesting)

      by XXongo ( 3986865 ) on Tuesday April 03, 2018 @11:44AM (#56373035) Homepage

      What he points out is that people click "yes" to usage agreements and terms of service without reading them, and as an example, links to a test where the terms of service explicitly state giving up your first-born child [arstechnica.com]... and people still agreed to them. [pcworld.com]

      People don't read terms of service, they just click yes.

      Have you ever read terms of service? The damn things are pages and pages of boring small print.

      • What he points out is that people click "yes" to usage agreements and terms of service without reading them, and as an example, links to a test where the terms of service explicitly state giving up your first-born child [arstechnica.com]... and people still agreed to them. [pcworld.com]

        People don't read terms of service, they just click yes.

        Have you ever read terms of service? The damn things are pages and pages of boring small print.

        Part of it is we know that contracts don't work that way.

        No judge would, obviously, enforce the click through give up firstborn child thing. So even if someone did read it, they click, knowing it's not enforceable.

        • by Kjella ( 173770 )

          So even if someone did read it, they click, knowing it's not enforceable.

          And they're what, one in a hundred? A thousand? Nobody cares what the people who read it do, because it's been proven over and over that 99%+ will not read any long legalese so what it actually says makes no difference. They just click and pray that if there's some really bad shit in there a judge will stop it and okay, giving away your firstborn wouldn't fly. But US courts stretch the idea of freedom as the right to agree to damn near anything very far, it almost has to border on fraud to qualify. The exam

      • by AmiMoJo ( 196126 ) on Tuesday April 03, 2018 @12:15PM (#56373269) Homepage Journal

        Terms of Service need to be heavily regulated. Ideally there would be a few standard ToS documents and companies would have to pick one, rather than writing their own. Or maybe a kind of build-a-licence system like the Creative Commons one.

        Anything they want outside of that, sod off. Products must indicate what licence terms they picked before you buy, e.g. on the box.

        • True. As it is today for online banking for instance, every bank have their own legal contact you need to agree to in order to enable online banking. And they have this perverse incentive in that the less you understand about the contract the better for them.

          Compare with how it would be if the banks were required [slashdot.org] to actively work to make contracts understandable for its customers. If all banks start out with their own contract there will be a incentive to standardise at least parts of the contract to be

      • Re: (Score:2, Funny)

        by Anonymous Coward

        Jokes on them if they think their getting the better end of the deal if the take my first born child in any exchange for service of any kind.

      • People take jobs, signing non-compete clauses, knowing these are unenforceable. While most of the EULAs we are discussing are not so obviously unenforceable, and so we agree thinking it's no big deal, some particularly egregious terms would not survive a challenge.

        And unfortunately that won't ever get your data back. We will need laws that compel agencies to confirm, by some verifiable means, that they got rid of what they should not have had. This will mean forcing these agencies (and corporations soon en

        • People take jobs, signing non-compete clauses, knowing these are unenforceable.

          Are you quite sure that non-compete clauses are unenforceable?

          I can tell you how it is in healthcare: non-compete clauses are fairly common, and people tend to take them quite seriously. I did read about a case where a non-compete clause was defeated in court (the doctor argued, successfully, that it harmed the public interest by depriving patients of their choice of physician), but it took a significant amount of time and money. That court decision took place in a different state than the one I live in a

      • And they're typically in a tiny window that can not be resized, so you can only see a sentence fragment at a time, which is massively obnoxious.

        Still, worse than the Soviet Union? In the Soviet Union, what they find when eavesdropping on you could merely send you to the Gulag death camps, where you'd never be heard from again. Google and Facebook's surveillance might result in... let me compose myself... them trying to SELL you something! Showing you TARGETTED ADVERTISING!! The horror, oh, the horror.

    • Re:...wat? (Score:5, Insightful)

      by pr0nbot ( 313417 ) on Tuesday April 03, 2018 @12:12PM (#56373233)

      He should probably have used East Germany rather than the Soviet Union for his comparison. The Stasi not only conducted surveillance but relied on a climate of fear and suspicion in which people informed on one another, either to escape suspicion themselves or to gain some advantage.

      Even if you do not consent to your data being collected, as soon as someone else puts it out there (e.g. your photo, phone number, email, twitter handle and date of birth in their contacts list) and consents to it being collected, you're shafted.

      • Re:...wat? (Score:4, Insightful)

        by Trailer Trash ( 60756 ) on Tuesday April 03, 2018 @01:00PM (#56373593) Homepage

        He should probably have used East Germany rather than the Soviet Union for his comparison. The Stasi not only conducted surveillance but relied on a climate of fear and suspicion in which people informed on one another, either to escape suspicion themselves or to gain some advantage.

        It's a good point. At the height of it 1/3 of East Germans were Stasi informers.

    • Re: (Score:3, Insightful)

      by jellomizer ( 103300 )

      There are too many times I hear people getting frustrated about having put in so much data every time they call in. Ask shouldn't the computer already have this information ready. Or you know where to send the bill, but not to call for follow up information.
      For most of the information gathers it is used to benefit us. Not spy on us and determine what evil plot we are doing.
      It is perfect? No. Are their a lot of abuses? Yes.

      But RMS is an absolutist. There is rarely any grey area in RMS view on things. Eith

      • There are too many times I hear people getting frustrated about having put in so much data every time they call in. Ask shouldn't the computer already have this information ready. Or you know where to send the bill, but not to call for follow up information..

        I'm still wondering why my phone's flashlight app needs access to my email address book.

      • by pots ( 5047349 )

        For most of the information gathers it is used to benefit us.

        You're going to have to be more specific here. I'm sure that there are specific applications like this, but the majority of the information collected commercially is used for advertising and market research, and the majority of information collected by the government is used for law enforcement.

        Certainly law enforcement does benefit us in general, but being spied upon by law enforcement does not benefit you. You only benefit when other people get spied upon. And that's assuming honest, trustworthy spies.

    • We've bought into the idea that certain agreements just cannot be made (see, minimum wage laws, etc.). I have no problem with data mining having similar limits on what data you can share.

    • Comment removed based on user account deletion
  • Perfect quote (Score:5, Insightful)

    by spaceman375 ( 780812 ) on Tuesday April 03, 2018 @11:34AM (#56372975)

    "the only safe database is the one that was never collected."

    Been saying this for years. SO glad someone with a louder voice agrees.

    • Re: Perfect quote (Score:2, Interesting)

      by Anonymous Coward

      He's right. As someone who has actually lived in the Soviet Union, I can't agree more.

  • by xpiotr ( 521809 ) on Tuesday April 03, 2018 @11:38AM (#56372993) Homepage
    And the latest developments with FB and more has proven him right.
    Yes, he is a bit extreme, but then again he needs to be.
    And I for one am glad he is out there, fighting for us who have given up.
    • by jma05 ( 897351 ) on Tuesday April 03, 2018 @12:43PM (#56373491)

      > Yes, he is a bit extreme, but then again he needs to be.

      Each time, it is repeatedly shown, that his seemingly extremist ideas simply appear so, only because they are ahead of their time (or rather, most of us are behind time when it comes to understanding current technology). He is far better able to project into the future, what the natural consequences of the current systems are.

  • by JoeyRox ( 2711699 ) on Tuesday April 03, 2018 @11:39AM (#56372997)
    Perhaps it's rare for him to write an op-ed himself, but Stallman's opinions being transcribed into published words is about as rare as picnics in the summer.
  • by MadCow42 ( 243108 ) on Tuesday April 03, 2018 @11:42AM (#56373019) Homepage

    I was buying groceries at Target, and happened to get a case of beer - for which I was fully expecting to have to show ID (I'm >40 years old btw).

    When the cashier asked to "see my ID" (emphasize the "SEE"), I held out my license. She physically snatched it from my fingers and before I could even react she turned it over and scanned the barcode on the back into their POS system. That bar code contains all kinds of personal data including my address and biometric info. I did NOT consent to them collecting that info, and yet I have no way to get them to expunge it from their system. Not only am I being tracked in 17 different ways with their marketing and other systems, but they're likely selling that info of to other "partners", and putting it at risk WHEN they eventually have a systems breach.

    That type of collection should be illegal. I've contacted their guest relations team about my concern, and have yet to hear back.

    • Keep it in a wallet with a "window" and "show" it to them, or go to the liquor store that high-school kids and undocumented people buy from (there are always a few around). No paper check, no problem :) Easy!
      • Re: (Score:3, Informative)

        by Anonymous Coward

        Actually that would not work, as I am required to verify the ID is real. I worked in the industry (bartender and at a liquor store) and anytime someone would show me an ID in a windowed wallet I was required to have them remove it and hand it to me. Pretty much every "ID Check" instructions mentions those wallet windows and that the ID must be removed.

        • Only in stores that actually give a fuck, which is basically NOT 50% of the liquor stores in NYC.
    • by Joviex ( 976416 )
      THEN STOP SHOPPING THERE.

      when did people become so obtuse about GIVING THEIR INFO OUT in the first place?
      • First, everyone does it so you get to pick which devil you sell your information soul to but you can't pick whether you sell it.

        Second, the information is now there and won't go away. It will be in systems for the rest of eternity.

        Third, bug data relies on patterns. You don't matter. Get used to that. You have no significance. Your data helps build a bigger picture, but any person's data would do the same. You are disposable. As long as enough people shop there, their system learns exactly the same stuff. Y

      • What are you going to do when EVERY shop does it (hint: they all do already)? The stupidity here is incredible.
        • by Joviex ( 976416 )

          What are you going to do when EVERY shop does it (hint: they all do already)? The stupidity here is incredible.

          At least you admit how stupid you are.

          EVERY -- the hyperbolic assclown award goes to you. Congrats.

        • For years my (dual citizen) buddy would offer one of his passports for ID checks. Scan that, f-kers.

          A trusted traveller card (Global Entry, Sentri, Nexus) would also work. As long as it has a picture, birthday and is issued by a government, good to go.

      • I plan on that... but this was my first experience with this issue, and now they have my data against my will. Stopping shopping there is a protest, but doesn't solve the initial problem.

    • When the cashier asked to "see my ID" (emphasize the "SEE"), I held out my license. She physically snatched it from my fingers and before I could even react she turned it over and scanned the barcode on the back into their POS system. That bar code contains all kinds of personal data including my address and biometric info. I did NOT consent to them collecting that info, and yet I have no way to get them to expunge it from their system. Not only am I being tracked in 17 different ways with their marketing and other systems, but they're likely selling that info of to other "partners", and putting it at risk WHEN they eventually have a systems breach.

      They may not be storing your information. At a few different stores I've gone to in Michigan, they are now swiping your ID with every liquor purchase to verify that it's not a fake ID. They're all mom & pop stores, so I doubt those places are storing any information in a database. One of the places I go to, the cashier girl just swipes her own ID for the people she knows. I'm sure she could get busted for it, since I'm sure the state is tracking who purchases alcohol.

    • If you merely show the card, then they have everything. They don't need to touch it. You might be right to be concerned (about the various consequences of data collection), but you're also making a mountain out of a molehill with the barcode thing, since the barcode was merely a convenience.

      The mere presence of a camera is enough to get most of that biometric data (from you, not the card) and your address is probably on the front of the card, and most importantly, so is your driver's license # (a unique key

    • Same with the mag-stripe readers for driver's licenses in my state. When those started showing up; I knew quite a few people in the local rave and club scene. And I actually got into a conversation with a promoter about why he started using those machines. He waxed poetic about them... not because they made verifying anyone's age any easier. No one really cares if an 18-year-old drinks, or if a 16 year old gets into an 18+ party. "Their money is as good as anyone's who's legal. Why shouldn't we take i

    • Problem was buying beer at Target or Walmart. The mega chains are juicier targets for enforcement (fines) and thus they make 100% certain their ass is covered. Instead, go to a trusted grocery store (mine just keys in the birthday off the license to get past the prompt, and for obvious over 35s just keys in a random date). Absent that, try an independent beer distributor or older gas station. Chances are even if they once had a scanner, it hasn't worked in years.

  • How about stopping the data from being retained more than a specific length of time?

    Example -- if you have a cell phone bill, the company needs to retain call records for a few months in case you need to dispute a bill or if there's fraud involved. But once the bill is paid without dispute, the records should be deleted after a few months.

    Same with security camera footage. Unless there's evidence of a violent crime, it doesn't need to be retained forever -- overwriting it after a few weeks provides enough

    • Re:How about... (Score:4, Informative)

      by HornWumpus ( 783565 ) on Tuesday April 03, 2018 @12:01PM (#56373147)

      You trust them?

      The federal government has been caught multiple time keeping gun background check records. Despite the law specifically forbidding it. They have even been caught retaining database records that federal judges explicitly ordered them to delete...next time they are caught with the database, there's those same records again.

      • Do I trust them? No. But that's not an argument against data-retention length laws, especially as regards private entities. Even if there's no criminal remedy, violation of the law provides grounds to sue. Bonus points if you can go after some subcontractors that are small enough to actually drive out of business, as a way of setting an example for others.
        • So your saying your in favor of selective law enforcement?

          No fed has gone to prison for trying to turn background checks into de facto registration. Despite a 20 year history of ignoring data retention laws.

        • "These photos and records typically get archived by search engines or third-party providers in perpetuity."

          You just answered why data-retention length laws wouldn't work. Hackers are included as "third-party" too. The only safe data collection is no data collection.
          • by AHuxley ( 892839 )
            Re "You just answered why data-retention length laws wouldn't work."
            Lets take an Irish problem in the 1970's Every person of use sent to UK from Ireland gets arrested. Their accent, work, documents just don't provide any long term cover as a new person in a community. Reported on at any new location in the UK by a network of informants. Followed. Police then caught entire support networks.
            Perfect documents, work and a local accent are difficult to create.
            The next option was generational. Immigrat
      • You trust them?

        I generally trust corporations to run a cost-benefit analysis before deciding on any course of action. If the cost of getting caught with the data is 1,000 times the financial benefit from retaining the data and the probability of getting caught is 1%, most companies won't keep it. If you double the fines and double the probability of audit every time that a company gets caught, then eventually the converge at making it too expensive for a company to keep.

    • by AHuxley ( 892839 )
      Re "Same with security camera footage. Unless there's evidence of a violent crime, it doesn't need to be retained forever -- overwriting it after a few weeks provides enough time to keep it in case a violent crime is discovered, without creating a "permanent record.""

      The only easy way to track people who pay with cash and gift cards is to track their face and licence plate.
      Get a image of any passenger helping them too.
      That CCTV frame of a face is kept for years.
      Linked to any licence plate. Data stor
      • The EU _has_ given this up with data retention limits. Americans are just more cowardly and authoritarian than most Europeans.
        • by AHuxley ( 892839 )
          EU nations have told populations they have legal political protections.
          What do the mil and police do? They keep collecting and use parallel construction.
          The other method is to use social media in real time to track political crimes.
          No retention needed if everyone is under investigation all the time.
    • It gets worse. As an American, traveling abroad or coming back home, United States border agents will ask you if you have ever been accused of a crime. Not found guilty, accused. The crap that goes in with border patrol is out of hand.
      • I've never been asked that particular question. I've been asked other stupid stuff, like "do you have a girlfriend in Quebec?"
      • They just hammered me with dozens of questions about alcohol, firearms, food, soil, and ebola, no criminal questions.

        And if you encountered USCBP on the way *out* of the country you must have been doing it wrong - US has no exit controls. International departing flights leave from the same gates as domestic. Heck, leaving US from San Ysidro to Tijuana is a simple metal one-way turnstile, identical to what you'd find in a NYC subway station, with no US authorities in sight.

  • The beauty of the US constitution is that it assumes the people in charge are greedy, self interested, power hungry assholes, and then uses their self interest against them in a balance of power to restrain the overall (usually) growing power of a centralized government.

    Stallman, otoh, seems to prefer to pronounce a world of pleasant fantasy where companies and government are going to build applications and tools voluntarily limiting their self-interested benefit.

    In short, unless he can devise a mechanism i

    • Uh, this wouldn't be "voluntary". The idea is that the law would PREVENT the collection of data in the first place! A law. Get it? Wow, unbelievable.
    • Nash Equilibrium (Score:4, Insightful)

      by jd ( 1658 ) <imipak@ y a hoo.com> on Tuesday April 03, 2018 @12:37PM (#56373457) Homepage Journal

      Cooperation is cheaper, easier, quicker. And humans are lazy before they are greedy.

      Cooperation also yields better results, which is why America and Britain are sliding down every metric and Scandinavia is on the rise.

      Stallman uses simple economics. You don't have to agree with him, but you will be uneconomic and unsustainable if you do.

      He is not a communist, he is a pragmatic capitalist.

  • I have to update my location on Four Square, my status on Facebook and Tweet about the nice cat I saw on the street. You were saying something about privacy and consent?

  • Law enforcement and politicians would firmly and flatly give you a resounding "NO!" to this idea, citing public safety and national security concerns -- true or not
    Furthermore: information is power; what was the last time anyone gave up power they've acquired? Never.
    Finally, law or no law, do you really expect any corporation to go along with this? They'll all cheat one way or another, because it affects their profits. They'll find some loophole around it, or lobby the living fuck out of Congress when
    • Oh and one more thing: You wouldn't necessarily get public support for an idea like this anyway, especially if it meant things are less convenient and/or more expensive for the average person, because they've either been so thoroughly indoctrinated by this point that 'privacy' is only desired by people with something to hide, and/or they'll say "my life isn't interesting enough for anyone to care about" therefore they don't care who 'collects data' on them. Then there's the wingnuts who actually think they'
    • by PPH ( 736903 )

      national security concerns

      In the case of security clearances, its a matter of informed consent. Very informed. And interestingly enough, the ongoing surveillance of myself has, at times, been of benefit to me.

  • From the USA spying on France in the 1950's.
    The USA over Vietnam.
    The UK in Ireland. The UK into West and East Germany.
    The NSA collecting it all.

    Computer users have two options.
    Stop using network computers. Thats difficult for most people.

    Start flooding networks with random cultural junk when online. Bonus points for creating new intelligence thats collected on.
    Remember what made the East German system so complex? A new file on so many people. Confidential informants reporting on undercover
  • Stallman sounds like he would be happy in a "bare bones, no personalized customer service" world.

    The opposite extreme is full-bore "we know you better than your mother/spouse does" concierge service, which requires knowing your needs, likes, and dislikes pretty intimately.

    The real world, where the restaurant waiter that you like best knows when you come in, what table you like, and what food you like but on his day off the backup waiter probably does not unless you've enrolled in the restaurant's customer-r

  • by sdinfoserv ( 1793266 ) on Tuesday April 03, 2018 @12:41PM (#56373481)
    People tend to not give a sh!t about privacy (like freedom) till they lose it. Hence, billions willingly insert records into social media databases about their likes, fears, friends, enemies, purchasing habits, deviate behavior and any other random thought that might cross their brains then have the audacity to feign outrage when that information used against them.
    The other part is that this information is the fuel driving most of the economy. Just over the past decade empires have fallen and replacements have risen as fortunes redistribute based on these records. Your not going to displace the current titans without fight.
    The true retail battle is over how to acquire more - car companies are going to start collecting your driving / gps data for monetization, in home IoT devices are being pushed by every company imaginable, people flock to sites to get their DNA tested as they waive their rights to their own DNA forever... so go ahead and buy that Alexa, google home, Xfinity One, or any myriad of spyware toys companies are tying to insert into your personal lives. ...
  • The robust way to do that, the way that can’t be set aside at the whim of a government, is to require systems to be built so as not to collect data about a person [...] To restore privacy, we must stop surveillance before it even asks for consent.

    That's a lot of platitudes and no concrete ideas about improving privacy in the real world.

    Here are some hints, Richard:

    (1) Government mandates on privacy don't work and are even harmful. EU privacy directives contain massive loopholes, in particular for gove

  • by Anonymous Coward on Tuesday April 03, 2018 @01:01PM (#56373601)

    There is a key point missing that isn't brought up much. The data is not there to help you and will be absent when it's your turn to actually need it. I can easily prove this....

    State tracking car insurance. That data will get me pulled over if I let my insurance lapse, but if I get pulled over for other reasons and lack my insurance card, that data is unavailable to exonerate me. I'll still have to physically go to court/police station to show that card. They won't just "look at the data" showing I have insurance.

    Same for medical records. It will be used to raise my insurance rates but I will have to actually pay to get my own records and even then it won't be the electronic copy that's legible, instead it will be the doctors scribbling that is incomprehensible. I even had a doctor tell me I wasn't paying him to read his handwriting to me when dealing with carpal tunnel years ago.

    If I lose my cell phone, despite it containing enough tracking to immediately find it, the phone company will not give me that data. But if I rob/hurt/steal/kidnap/etc with that phone on me, that data will ID me and I will be in trouble. When I need it and can prove I am the account holder this data unavailable to help me recover my lost phone.

    Stop thinking the data is okay because it helps us and makes our lives easier. That is not the case!

  • This is a great idea for all humans, unfortunately our ass-backwards idiotic economic system would be greatly wounded by it, since targeted advertising is a decent chunk of the economy.

    This isn't the first or last activity that is harmful but profitable, but the only other one so profitable is fossil fuels, and unlike most there is no vastly less harmful but comparably profitable alternative to take the place of the activity we're stopping (like renewable energy for fossil fuels, or "living" for cigarettes)

  • I own my personal information, and for me, it is more valuable than shitty webmail, and social platforms. I will not trade it for (most) those things, and those that take it without my consent are stealing from me. All of the same reasoning that is used to claim the right to sell access to aggregated collected data should be valid for the opposite as well. If my data is a product, I should be able to choose not to sell. If you guess, and get it wrong, I should have recourse when you choose to sell access to

  • ... for people to see that. Or rather another catastrophe. There are enough fascist catastrophes in human history and there are enough new ones currently happening or in preparation. Humans are stupid and cannot see a clear and present danger when it stares them into their faces. Even Germany, with first the 3rd Reich and then the DDR now thinks excessive surveillance of citizens is a good idea. Since we cannot identify the proto-fascists at birth (and then drown them to everybodies benefit), we need to fin

  • I think this is a pipe dream for two reasons. First, "information wants to be free". Even if site X doesn't need to collect it, site Y might. One way or another, "they" will get site Y's data. Once it is copied, the cat is out of the bag. Secondly, collection is only part of the problem. A lot of data are extrapolated. A given site may not need to have travel data, but travel will still be observed if you post a picture of a famous monument at the destination, or ask frieds about good hotels there, etc.
  • St. Ignutius often sounds radical at first but then turns out to be entirely right in the long-run. Irreplaceable.

"What man has done, man can aspire to do." -- Jerry Pournelle, about space flight

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