Is the walled garden the physical manifestation of privacy?
Is privacy an Oriental construct based on patriarchy?
Privacy in pre-digital times
But privacy has western enlightenment history
Not least through its inverse: the Panopticon
Bentham claimed privacy was surrendered by illegality
Entick v. Carrington KBD 1765
Every American law student learns Lord Camden in the first week:
‘there is no law in this country to justify the [police] in what they have done;
if there was, it would destroy all the comforts of society, for papers are often the dearest property any man can have.’
Privacy V. freedom 1773
Benjamin Franklin colonial Postmaster General
Leaked letters by Massachusetts Lt. Governor Thomas Hutchinson
to Thomas Whatley, Prime Minister’s assistant:
“For colonists to enjoy the same rights as English subjects, an abridgement of what are called English liberties might be temporarily necessary.”
Franklin dismissed & censured by Solicitor General
And never heard of again….?
We have modern equivalents
We are all NOW football hooligans, members of deviant tribes
Friends and Enemies ?
STASI & KGB never as efficient as NSA & GCHQ
VICTORIAN INTERNET AND EDWARDIAN SNOWDEN?
Telegraph as Victorian Internet “The shift from sailing ships to telegraph was far more radical than that from telephone to email” - Noam Chomsky “The American father is never seen in London. He passes his life entirely in Wall Street and communicates with his family once a month by means of a telegram in cipher” – Oscar Wilde
Social networking & pirates
We used to call our undergrads the ‘Napster generation’
36,000,000 broadband in 2000
Precursor to YouTube/Facebook/ MySpace/Torrent label
‘Napster’ generation are Gen Y, Generation Me or Millenials
Grew up with Internet (in the US at least) and computer games
Entire university and adult life as email/IM/Twitter/Skype users
Pew Research Center March 2014:
"Millennials in adulthood" are "detached from institutions and networked with friends“ Confirms findings of Wellman (2012) Networked
European Millenials “29th state”?
“29th state of unemployed people, young people who feel side-lined”
. Until this situation has changed, this 29th state must be our number one concern”
How can new Commisioners create policy in 3-6 months? Andrus Ansip (58), Oettinger (61), Vestager (46) Estonia, Germany, Denmark
New Schleswig-Holstein question? Note the answer of Lord Palmerston to the last? Only 3 people know the answer….
PUBLIC POLICY AND ONLINE SOCIAL NETWORKS: THE TRILLION DOLLAR ZOMBIE QUESTION Presented at 26th Human Behaviour and the Evolution of Society conference Workshop on Internet and Evolution of Society Prof. Chris Marsden University of Sussex School of Law
Citizen Prosumers: an introduction European key policy concept for Internet users:
Not a new phenomenon Pen friending via email from 1980s (+ spam) MUDs playing online games 1990 Rise of GeoCities and blogging late 1990s World of Warcraft + MMORPGs 2000 Web2.0 rise of MySpace, SecondLife, Orkut Broadband: Facebook, Skype, Twitter, Google+
See work of Barry Wellman from 1980s
But what is different – Ubiquity, big money, wider public policy interest Obama the Facebook President Twitterati?
World’s least competent privacy regulators? Portarlington 30 people, Lux 13
Online behaviour matters
To your future
Surveillance existential threat to social networks?
Not so much…ironically required by https encryption default
Who do they target? Those using encryption esp. TOR
‘If you have nothing to hide, you have nothing to fear’
‘Metadata isn’t real data’
Be quiet, peasants!
So we are silk worms
We are not oil!
Personal data is NOT metaphorical oil in digital economy unless bodies have seeped into the sediment.
Personal data accumulate with our treks into cyberspace
Better metaphor is silk, woven into tapestry of online personality.
Potential to move beyond a caterpillar-like role as a producer of raw silk
Ability to regenerate into a butterfly or moth?
Silkworms that turned
Billions weaving of prosumer-created sites
Silk created tapestries: Wikipedia, FBK and MySpace Arguably loss of ownership led MySpace decline
Prosumer boycott led by those preferring control of own data cocooned in own personal form: chrysalis or pupae
Concluding thoughts: more privacy regulation
Widespread regulation of social networking Including in US – Federal Trade Commission
European Court cases – both data retention and deletion
European Parliament pressure on PRISM post-Snowden
National regulators on cloud, Streetview and others
European Data Protection Supervisor pressure on merger cases – competition law – conference 2 June
Individuals stop use – accounts are zombies?
50 ways to leave Facebook
Not sufficient to permit data deletion as that only covers the user’s tracks.
Interconnection and interoperability, more than transparency and theoretical possibility to switch.
Prosumers interoperate to permit social exit Lower entry barriers -> increased consumer welfare
Your right to speak on your terms
Human rights concerns become more critical,
reflecting the mass adoption of the Internet in countries with serious democratic deficits, notably in the Middle East and North Africa concerns far predate the Arab Spring of 2011
Regulatory debate well rehearsed in US & Europe since birth of the commercial Internet.
Freedom of expression a fundamental human right
Balances against other fundamental rights, privacy freedom from racial discrimination or violence threats, rights to private property including copyright torts such as defamation and trespass in private law
Boyle (2001) condemned Chinese censorship And US 1st Amendment promiscuous hate speech
“new efforts to establish codes of conduct about harmful content on . . . this marvellous medium.”
Not a new topic: trolls old news
Information giants cooperate with government to share our data • Legal procedures in place • Snowden & Greenwald told us: • Informal cooperation • UK took 1 day to pass: • DRIP Act 2014!
Bombshells for social networks
September 10: DG COMP: Almunia refers proposed Google settlement back for refinement
October: DG COMP: Phase 2 investigation into Facebook/WhatsApp merger?
October: VP Digital: persuading Council of Ministers to adopt new Data Protection Regulation?
January-March 2015: VP Digital must produce investment plan and new Digital Single Market proposal
$trillion policy question
How does this affect competition policy? Are there 50 ways to leave your online lover? Network effects Silk roads of privacy & anonymity Competition law
FBK + Google permanent monopolies?
Privacy rules as social exit barriers?
Research questions 1. Why do social networks decline? 1. MySpace/Bebo/Orkut/Friends Reunited 2. Is the visceral nature of offline social networking responsible for success online 1. dating sites approximate strong human contact better: Grindr, Tindr – Twitter? 3. Bad coding, European data protection and a more aspirational demographic 1. Facebook v. MySpace/Bebo 4. ASmallWorld was Eurotrash Facebook and failed? Weinstein’s brush with social networking failure: http://gawker.com/5381040/harvey-weinstein-finally-sells- myspace-for-millionaires
We need new competition analysis Economics and law are not enough Computer science also needs help How do we assess zombie networks? Visceral durablity and/or temporary elements of human sociality online Economics of visceral? Social psychology of visceral? Evolutionary neuroscience of visceral?
We need to learn how to swim in a river of big data
Research ethics topics 1. Personally identifiable data EU Data Protection Directive EC/95/46 Ethics of personal data collection User informed consent and reuse 2. Proprietary data The unknown unknowns
Networks not shy about leaking: Infamous Cornell study
Cornell Media Statement
“Prof. Hancock and Guillory did not participate in data collection [nor] have access to user data.
“Their work was limited to: initial discussions, analyzing the research results and working with Facebook to prepare paper “Experimental Evidence of Massive-Scale Emotional Contagion through Social Networks,” Proceedings of National Academy of Science-Social Science.
Cornell: no problem
“Because the research was conducted independently by Facebook and
Professor Hancock had access only to results
not to any individual, identifiable data at any time
CU Institutional Review Board concluded that
he was not directly engaged in human research and that no review by the Cornell Human Research Protection Program was required.” http://mediarelations.cornell.edu/2014/06/30/media- statement-on-cornell-universitys-role-in-facebook- emotional-contagion-research/
“Computer scientists are simply not equipped to evaluate the legality of research they perform,
“It is important that researchers seek the assistance of qualified legal experts as they design studies.
“Program committees should require that the researchers identify the legal expert, and independently contact the named legal expert in order to verify that they do indeed believe that the researchers' study did not violate the law.”
EU law often involved – US lawyers competent? Soghoian, C (2012) Enforced Community Standards For Research on Users of the Tor Anonymity Network, Lecture Notes in Computer Science Volume 7126, pp 146-153
Internet access declared a human right
Report to UN General Assembly (La Rue 2011)
regional HR bodies (Council of Europe) best practices: filtering but no harming free expression Viviane Reding, European Commission vice president:
“Copyright protection can never be a justification for eliminating freedom of expression or information Art.17 (2) v. Art.11(1) EU Charter of Fundamental Rights