Tag Archives: privacy

Facebook Unfriended by Congress

Facebook CEO Mark Zuckerberg is the latest in a long line of corporate leaders called to the principal’s office err, that is, before Congress. So apparently this entity known as the United States Government (which has been spying and monitoring its own citizenry at a level that would make a former Stasi agent blush) has called Mr. Zuckerberg to task for apparent “privacy” breaches on the Facebook platform. Let that sink in for a minute: the US government monitors, records, and intercepts all of your web traffic and phone conversations but it is they, of all people, who are concerned about your privacy. Right.

So what exactly is Facebook accused of doing wrong? Apparently they allowed an outside company (Cambridge Analytica) to purchase PUBLIC information about Facebook users from an intermediary. In other words Facebook normally sells this information to advertisers (that is of course their entire business model), but instead someone else got the info for free and sold it. So it seems like Facebook is the wronged party here, not its users or the US Government. It’s the equivalent of the stock boy tossing loaves of bread in the trash and then selling them in the alley after his shift is over. And don’t even get me started on the whole “they allowed Russian trolls to buy ads and influence the 2016 election” nothing burger. Please, everyone who was going to vote for Clinton but then saw a Facebook ad disparaging Hillary and thus changed your vote, please raise your hand. Anyone, anyone? Bueller? Bueller? That’s what I thought.

You’d think Facebook got caught disclosing social security numbers and other sensitive information, oh, wait, that was the IRS. Come on people – what did you expect would eventually happen with all that personal info you’ve been happily typing away into their platform? This is a FREE service. Nothing in life is truly free. As they say, if the service is free, then you’re the product. Or more precisely your metadata is the product: your age, your gender, your likes, your dislikes, your hobbies and on and on. Now I may be showing my age but I do recall a time when television was “free” (and as an aside it is humorous to read about millennials just now discovering this “secret” method to get free TV! Over the air! Who knew?) Why was it free? Because advertisers paid for the entertainment you received just to have the opportunity to try and sell you something. Yes ads are annoying, but that is the price you pay (your time) for that “free” service. Facebook is no different. If you don’t want Facebook to use your private info then don’t use the service or limit what you expose of your life on that platform. This isn’t rocket science.

But, with respect to the Federal government’s snooping into our lives, there is no way to opt out of that short of never using any digital device ever. No phone, no computer, no internet. The men in black are plugged into all of these by virtue of their ability to threaten companies into submission in order to use their products as a backdoor into our private lives. That is the difference between private and public spheres of influence. Private ones are voluntary and can be left if desired. If I don’t want Amazon’s Alexa listening to me then I just turn it off and put it in the drawer. If I don’t want Uncle Sam listening to me then my only choice is to send a physical letter or go meet the other party in person. Also the worst outcome of a private company using your info is an attempt to sell you something you have no interest in. The worst outcome of the state doing so is throwing you in a cage for a myriad of its victimless “crimes.”

The fact that Congress believes they have the authority to call private citizens before their court betrays the reality of the world today. We are not a free people. We have masters. And when the master calls, you come. This is not the same as the employer/employee relationship. That is a voluntary interaction. Our interactions with the state are involuntary (assumed “consent” to their authority via voting notwithstanding). Tolerating bullies (the state) does not equate to voluntary acquiescence to their perceived “right” to order you about; it is simply tolerance of a bully, nothing more, nothing less.

Fighting against 1984

The State is getting nervous. Technology has a way of disrupting institutional power. The Guttenberg printing press liberated the flow of knowledge from the former stranglehold of the Church and its scribes. Today the digital realm of the Internet is effecting a similar change with self-publishing upon the old-world monopoly of the print-publishing house. Travel agents are virtually a thing of the past. Bitcoin is beginning to threaten the monopoly the banks and the government have over the flow of money. Encryption of our digital lives (personal electronic devices) is now threatening the power and relevance of the State. Encryption means we can manage our own security; we don’t need some nebulous State apparatus to keep us safe and secure. Nearly everything that is important to us (photos, messages, financials, medical info, etc.) is locked away securely in our digital treasure chest.

But the State will have none of that. They demand the key to that treasure chest. Both New York and California legislatures have introduced bills banning the sale of smartphones that do not offer some sort of encryption “back door”. How dare these companies make a product that is impervious to the prying eyes of the State! This is a direct threat to their unlimited power to intrude into our lives.

Not to be outdone, the Federal government is getting in on the back-door game. A federal judge recently ordered Apple to assist the FBI in unlocking the iPhone of one of the San Bernardino shooters. Apple is openly defying this order. The primary problem is that were Apple to comply with the order there is nothing to prevent the technique used from falling into the hands of truly “bad guys” who could then threaten the privacy and security of every iPhone user. It’s like the government asking scientists to build the atomic bomb “just this once, to stop the bad guys”. Once knowledge is out there it cannot be contained.

But even worse, the government’s use of an act from 1789 (the All Writ Act) to compel Apple to help them sets a dangerous precedent. It is not the case that Apple has in its possession information that it is being asked to hand over (which it has always done in the past when presented with a warrant). Instead Apple is being forced to help the FBI, drafted as it were, unlock this device. Insert picture of government agent holding loaded gun to Tim Cook’s head and saying “help us, please” and you’ll get the picture.

Yes, but you say the FBI is trying to stop future terror events, so anything to prevent a loss of life is worth it. Ok, well that cuts both ways. If Apple helps the FBI on what grounds could it refuse to help the government of China, Russia or perhaps even a threatening mob boss? After all, they know that since Apple helped the FBI then it is indeed possible to unlock these things. Is the standard of behavior to be: Apple helps any “legitimate” state actor, except when they are bad, because of course everyone knows who the goods guys and bad guys are.

To be clear, this is not Apple’s property. They are a third party being asked to do the government’s bidding. If they complied it would set the awful precedent that the companies we do business with can be secretly dragooned into the employ of the State in order to spy on and monitor us without our knowledge. Don’t think that can happen? Well, the government already has a terrible track record of abusing its surveillance power. It took Edward Snowden blowing the whistle to show us how the NSA was spying on everyone in contravention of the Patriot Act. In fact Samsung just recently warned its customers that its voice recognition could be used by third party vendors to listen to conversations so they advised caution about what you say in front of it. Now imagine Samsung receives a request from the FBI to “help” them monitor everyone so they can ensure “our safety”. Nah… I’m sure that would never happen. Thank you Apple for fighting for us. Your actions today may well ensure that our future “won’t be like 1984.”