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2013-05-09 Marc Davis on Metaphors and Models of Personal Data - Implications for Policy and Technology at IIW16
1. @marcedavis http://marcdavis.meMarc Davis
Metaphors and Models of
“Personal Data”:
Implications for
Policy and Technology
Marc Davis
Partner Architect
Microsoft Online Services Division
Marc.Davis@microsoft.com
4. The Ur-Nammu Law Code
• George, A. (2011). The Ur-Nammu Law Code.
Cuneiform Royal Inscriptions and Related
Texts in the Schøyen Collection. Bethesda,
MD, Schøyen Collection. vol. 17, Manuscripts
in the Schøyen Collection, Cuneiform Texts VI:
221-286.
• http://www.schoyencollection.com/law.html#
2064
8. @marcedavis http://marcdavis.meMarc Davis
Personal Data and
Economic Metaphors
“Personal data is the
new oil of the internet
and the new currency
of the digital world.”
— Meglena Kuneva
Former European Consumer Commissioner
9. @marcedavis http://marcdavis.meMarc Davis
Personal Data: Everything I Make and Do
Online
and in the World
“Everything I Make and Do Online
and in the World”
Identity and Relationships
Context
Activity
Communications
Content
Asset Inventory
Financial Data
Health Data
Governmental Data
Academic Data
Employer Data
Other Personal Data…
10. @marcedavis http://marcdavis.meMarc Davis
• “Personal Data”
- “'personal data' shall mean any information relating to an
identified or identifiable natural person ('data subject');”
• “Identifiable Person”
- “an identifiable person is one who can be identified,
directly or indirectly, in particular by reference to an
identification number or to one or more factors specific
to his physical, physiological, mental, economic, cultural
or social identity;”
European Union Definition of “Personal Data”
(1995)
11. @marcedavis http://marcdavis.meMarc Davis
Metaphors and Mental Models of “Personal Data”
Digital Self
My Personal Data is Me
Digital Property
My Personal Data is Mine
Digital Speech
My Personal Data is By Me
12. @marcedavis http://marcdavis.meMarc Davis
Metaphors and Mental Models of “Personal Data”
Digital Referent
My Personal Data is About
Me
Digital Sender
My Personal Data is From
Me
Digital Receiver
My Personal Data is To
Me
17. @marcedavis http://marcdavis.meMarc Davis
Digital Feudalism: Principles
• We don’t own our names
• Or our bodies
• Or personal property
• Or a domicile
• We lack freedom of movement and expression
• Our labor benefits the lords of the manor who own the land
• We are “data serfs”
20. @marcedavis http://marcdavis.meMarc Davis
Digital Enlightenment: Principles
• Human Rights
• Property Rights
• Freedom of Speech
• Freedom of Assembly
• Protection Against “Unreasonable Searches and Seizures”
• Civil Society
• Free Markets
21. @marcedavis http://marcdavis.meMarc Davis
Launched in 2010, the Rethinking Personal Data project is a multi-year
project intended to bring together private companies, public sector
representatives, end-user privacy and rights groups, academics and topic
experts to deepen the collective understanding of how a principled,
collaborative, and balanced personal data ecosystem can evolve.
World Economic Forum
“Rethinking Personal Data” Project
24. @marcedavis http://marcdavis.meMarc Davis
“A Fourth Amendment application for the Internet”
• Norquist, G. G. and L. Murphy (2013) "A Fourth
Amendment application for the Internet." Politico
Opinion.
• http://www.politico.com/story/2013/03/grover-norquist-
laura-murphy-a-fourth-amendment-application-for-the-
internet-88955.html
Laura W.
Murphy
Director,
ACLU
Washington
Legislative
Office
@Lwmurphy
Grover G.
Norquist
President,
Americans
for Tax
Reform
@GroverNorquist
27. @marcedavis http://marcdavis.meMarc Davis
“To Track, or Not to Track: By launching its latest browser
with tracking off, Microsoft believes it will enhance Web
advertising's value” by Rik Van Der Kooi, Corporate VP,
Microsoft Advertising Business Group
• “But a new world—the age of "digital enlightenment," if
you will—is fast approaching and is informed by two
dynamics: The amount of online data being collected
online is exploding; and the unprecedented capability of
creating relevant, user-centric advertising experiences.”
• “As we enter this age of digital enlightenment, we need a
new norm. No longer should the consumers who generate
the data for our industry be left out of the equation. On the
contrary, they should have the option to participate in that
part of the business to a greater extent than they ever
have before.”
Advertising in the Age of Digital Enlightenment
29. @marcedavis http://marcdavis.meMarc Davis
Partner Architect
Microsoft Online Services Division
Marc.Davis@microsoft.com
Twitter: @marcedavis
Facebook: http://facebook.com/marcedavis
Web: http://marcdavis.me
Marc Davis
Editor's Notes
The basic question we face is how we will define what it means to be a “person” in the emerging Web of the World. In particular, how we will connect three types of “person”: the “Physical” Person,
George, A. (2011). The Ur-Nammu Law Code. Cuneiform Royal Inscriptions and Related Texts in the Schøyen Collection. Bethesda, MD, Schøyen Collection. vol. 17, Manuscripts in the Schøyen Collection, Cuneiform Texts VI: 221-286.http://www.schoyencollection.com/law.html#2064
the “Legal” Person,
and the “Digital” Person?
(1995). Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Official Journal L 281 , 23/11/1995 P. 0031 - 0050;. E. Parliament. Brussels, Belgium, OPOCE. 95/46/EC.http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:EN:HTML
Political Economy of the InternetThese questions about who has what rights to personal data and how personal data, rights, and value will be exchanged across the world are not just technological questions, but are questions about the types of societies and economies we want to live in. And so we ask: what is the “political economy” of the internet today? While it is 2013 in the physical world, it is more like 1013in the political economy of the internet. We live in an age of “Digital Feudalism” in which we don’t possess our digital names, our bodies, we don’t own property, we lack freedom of expression and assembly, and the value of the personal data we generate, our “digital labor”, disproportionately goes to the lords who own the land, we are, in effect, “data serfs.”
Political Economy of the InternetThese questions about who has what rights to personal data and how personal data, rights, and value will be exchanged across the world are not just technological questions, but are questions about the types of societies and economies we want to live in. And so we ask: what is the “political economy” of the internet today? While it is 2013 in the physical world, it is more like 1013in the political economy of the internet. We live in an age of “Digital Feudalism” in which we don’t possess our digital names, our bodies, we don’t own property, we lack freedom of expression and assembly, and the value of the personal data we generate, our “digital labor”, disproportionately goes to the lords who own the land, we are, in effect, “data serfs.”
Feudalism was ultimately replaced by a more efficient and just political economy that of the “Enlightenment,” based on fundamental human rights, property rights, civil society, and free markets. What we need now is a “Digital Enlightenment” to restructure the political economy of the internet to be based on a social compact that protects the rights and integrity of the individual.
Feudalism was ultimately replaced by a more efficient and just political economy that of the “Enlightenment,” based on fundamental human rights, property rights, civil society, and free markets. What we need now is a “Digital Enlightenment” to restructure the political economy of the internet to be based on a social compact that protects the rights and integrity of the individual.
“A Fourth Amendment application for the Internet”Norquist, G. G. and L. Murphy (2013) "A Fourth Amendment application for the Internet." Politico Opinion.http://www.politico.com/story/2013/03/grover-norquist-laura-murphy-a-fourth-amendment-application-for-the-internet-88955.html
We have had over 1,000,000 years to create social norms and architectures for how we deal with the Physical Person; roughly 10,000 years to construct the Legal Person and how it relates to the Physical Person; and now just a few decades to bring into being the Digital Person made up of our various digital identities and personal data, and to begin the process of sorting out how we will connect the Physical Person, the Legal Person, and the Digital Person in our age and beyond. If we base our global digital society and digital economy on the rights and technologies that enable us to integrate our physical, legal, and digital persons into a unified human being and a connected human community, then we truly can improve the state of the world.