Privacy Reconsidered: The Ethic of Privacy and Why Anonymous MattersBrian J. Alseth, Esq. Technology and Liberty Director ACLU of Washington
What is privacy?
There are knowable unknowables and then there are unknowable unknowables, and then there is the internetMajority of Americans state they are very concerned about their privacy and what online companies are doing with their dataFacebook has over 600 million users and has overtaken Google as the top visited site.Zuckerberg’s Law – Sharing will grow exponentially whereby people will share twice as much this year as last, and next year will see people sharing twice the amount of content as this year, etc.  (track’s with Moore’s law).Top 100 websites include mostly user generated contentYoutube – 24 hours of new content is posted to youtube every minute of every day.
Industry’s Response
So once again, what is privacy?We say one thing . . .But we each have a different threat model
Behold!DATAThe Powerof
Firesheep
MOORE’S LAWCharts: Zoomer Magazine, Computer Measurement Group
The Future of Moore’s LawToday: $349.99                  In 20 years: $0.04
Government and Court RecordsCustomer and Commercial RecordsElectionsThe story of your life…in dataConsumer and Online RecordsAnd so much more…
Government RecordsCourt RecordsCensusVoterfilesSecretary of State Filings
ELECTION DATAVoterfileParty Data
Where is my web data going?
Data BrokersData from all sources is interrelated and is compiled, analyzed and sold by Data Brokers – The used car dealers of dataInfoUsaHooversExperionDunn and Bradstreet Reed Elsevier -(Choicepoint, Lexis)CACI
Facial-Recognition
Video Analytics
DNA
TechnologiesCombined
“Ring of Steel”Link thousands of police, private cameras
Combine with license plate readers, central monitoring, Face recognition
Access-control gatesTIA Lives 
Cracked Magazine
THE HAXORZ ARE REAL?!? OH NOES!!!
Identity Theft & Data SecurityOver 600 million records containing private info lost in security breaches since January 2005ID Theft is allegedly more profitable to organized crime than drugs.Cost per valid CC# on carder sites: $.04
Apps, ATMS and Google, oh my.
So, Privacy is Dead, Right?
Would You Define Privacy Already?
Public and Private are relative terms, like hot and cold, wet and dry.  One defines the other and neither exists alone.  Every revolution in communication technology has resulted in IRL revolution once the public is given the means to speak without fear of reprisal; to speak anonymously.Since Brandeis and the Kodak, however, each new bit of technology also brings with it a measure of privacy fear.
Fear isn’t everything though.Not all 600 Million Facebook users are crazy.
Privacy fears can lead to lead to censorship of that which should be publicSelf regulation and market regulation of privacy leads to industry being the sole regulator and protector of privacy. Germans hate Google Street View, so Google now blurs German houses in street view to continue to do business in Germany.Google has censored Chinese search traffic and the Aurora Attacks arose out of a Chinese Politburo Member Googling his name and finding unflattering things.In the US, Google obscures a number of public buildings including the Vice President’s mansion.  If Google can be pressured to pixelate images of public buildings, what next?Why do we trust Google?,
Why is the private private and the Public Public?Because some things are just creepy, right? Define “Creepy” Policy Shouldn’t be based on an undefined emotionScandinavian countries publish salaries.U.S. publishes mugshots.
Absolute Privacy, Trust and DutyWhat is absolute privacy?Only that which you keep in your head.  (Cat’s third name, PD).For all other knowledge exchanges, the individual provides information based on some trust/value calculus.No matter how small the reveal, the provider has certain expectations as to how the recipient will receive and use the information.  These expectations are privacy.What if you could share and speak anonymously?TL:DR – knowledge = duty = privacy + Anon tease
Privacy as an Ethic – The Duty of Knowing
First, The Ethic of PublicnessThat which is public must be:	Generous	Transparent	AuthenticWe must demand publicness from those who protect our privacy.Publicness is a potential tool and a weapon.Wikileaks didn’t bring about the apocalypse, and the work of the people should be done before the people.
The Ethic of PrivacyDon’t Steal InformationProtect InformationContext Matters (threat model (g-chat v. Obama’s Blackberry, culture, etc.)Give CreditBe Transparent about use of informationGive AccessDon’t Use Information Against the IndividualWhere information is collected, a return value must be provided. (free services for data – google, facebook, OKCupid).
That’s why we have laws and stuff, right?No expectation of privacy or warrant needed for information we turn over to third parties. Electronic Communications Privacy Act (ECPA) of 1986Feudal age of data regulation – Assorted state and local statutesLaw enforcement officials have claimed that records of online activities are not protected.What result for data in the cloud? E-book, iPad, phone GPS tracking?
What Must Be Done?Update ECPA and enact comprehensive technology specific privacy laws
Technology Did Not Kill Privacy . . .But Privacy by Policy Alone Might
If Not Privacy By Policy, then What?www.privacybydesign.ca  - Dr. Ann CavoukianInformation & Privacy Commissioner of Ontario
7 Foundational Principles of Privacy by Design1. Proactive not Reactive; Preventative not Remedial 2. Privacy as the Default 3. Privacy Embedded into Design 4. Full Functionality – Positive-Sum, not Zero-Sum 5. End-to-End Lifecycle Protection 6. Visibility and Transparency 7. Respect for User Privacy
Clever Transition to Anonymous Portion
Anonymous SpeechThis country is founded on the freedom of speech which includes a right to speak anonymously.  PubliusWhen an oppressive regime shuts down open channels of communication only anonymous speech can continue to safely question the Anonymous speech requires no trust relationship, allowing people to freely speak their minds without fear of persecution or shameNo trust and no duty, however, also allows people to divorce themselves from responsibility for their speech - None of us are as cruel as all of us
The Anonymous InternetWhat happens when people have the ability to use the internet as an anonymous forum to interact with strangers?Sadly, ChatRoulette answered this question all too clearly
4Chan – The Soul of The InternetWhat is 4Chan?Anonymous Image BoardNo ArchivesThe likely source of everything amazing and horrible you’ve seen on the internet.
Lolcats, Image macros and Chanspeak
Rule 34 and memesAnonymous allows the community to take hold of something and make it something new.Original content barely exists
Anonymous allows the community to take hold of something and make it something new.Original content barely exists
Anonymous also brings out the worstAnonymous will test the limits of the first amendment.
The Other Side of Online Anonymous SpeechThe Tor ProjectNavy built to provide anonymous channelsState department funds efforts to train foreign dissidents of oppressive regimes to use Tor to communicate anonymously. Used by journalists, military, students, dissidents and anyone and everyone else.Also forms the backbone of the secure wikileaks document submission processWikileaksProvides anonymous means for those in possession of secrets to release them.Secrets are power.  Wikileaks seeks to return that power to the people.
Anonymous & Hackers in the Middle East
Anonymous in the Middle EastAfter Egypt and other regimes shut down the internet, a volunteer militia of volunteer hackers and other interested parties set to work restoring communications and attacking the government Anon_Ops – developed makeshift comms 1-pagerFaxbombedwikileaks Egypt docs to Egypt.LOIC lasers pointed at Government TargetsOthersVoice to tweet invented and deployedAd Hoc networks and other support
Anonymous the Collective Roots in 4ChanAlthough clans exist, and leaders necessarily emerge Anonymous is nebulous and without leadership.Longstanding fight with ScientologyThings changed about a year ago with WikileaksOperation PaybackGawkerHB GaryScott Walker the Furry?Anonymous is the internetThe internet is feeling threatened.
Anonymous Speech is ThreatenedThe right to connect is fundamentalAnonymous is frighteningFear again leads to censorship and curtailing of rightsNew Digital ID systems threaten online anonymous speech as one would essentially log in to use an ISPBlogs, newspapers, and even 4Chan have been ordered to divulge identifying information about anonymous posters which chills speech. No one entity should have the power to shut down the internet.We are all anonymous and we all need our protection.

Privacy reconsidered

  • 1.
    Privacy Reconsidered: TheEthic of Privacy and Why Anonymous MattersBrian J. Alseth, Esq. Technology and Liberty Director ACLU of Washington
  • 2.
  • 3.
    There are knowableunknowables and then there are unknowable unknowables, and then there is the internetMajority of Americans state they are very concerned about their privacy and what online companies are doing with their dataFacebook has over 600 million users and has overtaken Google as the top visited site.Zuckerberg’s Law – Sharing will grow exponentially whereby people will share twice as much this year as last, and next year will see people sharing twice the amount of content as this year, etc. (track’s with Moore’s law).Top 100 websites include mostly user generated contentYoutube – 24 hours of new content is posted to youtube every minute of every day.
  • 4.
  • 5.
    So once again,what is privacy?We say one thing . . .But we each have a different threat model
  • 6.
  • 7.
  • 8.
    MOORE’S LAWCharts: ZoomerMagazine, Computer Measurement Group
  • 9.
    The Future ofMoore’s LawToday: $349.99 In 20 years: $0.04
  • 11.
    Government and CourtRecordsCustomer and Commercial RecordsElectionsThe story of your life…in dataConsumer and Online RecordsAnd so much more…
  • 12.
  • 13.
  • 14.
    Where is myweb data going?
  • 15.
    Data BrokersData fromall sources is interrelated and is compiled, analyzed and sold by Data Brokers – The used car dealers of dataInfoUsaHooversExperionDunn and Bradstreet Reed Elsevier -(Choicepoint, Lexis)CACI
  • 16.
  • 17.
  • 18.
  • 19.
  • 20.
    “Ring of Steel”Linkthousands of police, private cameras
  • 21.
    Combine with licenseplate readers, central monitoring, Face recognition
  • 22.
  • 23.
  • 24.
    THE HAXORZ AREREAL?!? OH NOES!!!
  • 25.
    Identity Theft &Data SecurityOver 600 million records containing private info lost in security breaches since January 2005ID Theft is allegedly more profitable to organized crime than drugs.Cost per valid CC# on carder sites: $.04
  • 26.
    Apps, ATMS andGoogle, oh my.
  • 27.
    So, Privacy isDead, Right?
  • 28.
    Would You DefinePrivacy Already?
  • 29.
    Public and Privateare relative terms, like hot and cold, wet and dry. One defines the other and neither exists alone. Every revolution in communication technology has resulted in IRL revolution once the public is given the means to speak without fear of reprisal; to speak anonymously.Since Brandeis and the Kodak, however, each new bit of technology also brings with it a measure of privacy fear.
  • 30.
    Fear isn’t everythingthough.Not all 600 Million Facebook users are crazy.
  • 31.
    Privacy fears canlead to lead to censorship of that which should be publicSelf regulation and market regulation of privacy leads to industry being the sole regulator and protector of privacy. Germans hate Google Street View, so Google now blurs German houses in street view to continue to do business in Germany.Google has censored Chinese search traffic and the Aurora Attacks arose out of a Chinese Politburo Member Googling his name and finding unflattering things.In the US, Google obscures a number of public buildings including the Vice President’s mansion. If Google can be pressured to pixelate images of public buildings, what next?Why do we trust Google?,
  • 32.
    Why is theprivate private and the Public Public?Because some things are just creepy, right? Define “Creepy” Policy Shouldn’t be based on an undefined emotionScandinavian countries publish salaries.U.S. publishes mugshots.
  • 33.
    Absolute Privacy, Trustand DutyWhat is absolute privacy?Only that which you keep in your head. (Cat’s third name, PD).For all other knowledge exchanges, the individual provides information based on some trust/value calculus.No matter how small the reveal, the provider has certain expectations as to how the recipient will receive and use the information. These expectations are privacy.What if you could share and speak anonymously?TL:DR – knowledge = duty = privacy + Anon tease
  • 34.
    Privacy as anEthic – The Duty of Knowing
  • 35.
    First, The Ethicof PublicnessThat which is public must be: Generous Transparent AuthenticWe must demand publicness from those who protect our privacy.Publicness is a potential tool and a weapon.Wikileaks didn’t bring about the apocalypse, and the work of the people should be done before the people.
  • 36.
    The Ethic ofPrivacyDon’t Steal InformationProtect InformationContext Matters (threat model (g-chat v. Obama’s Blackberry, culture, etc.)Give CreditBe Transparent about use of informationGive AccessDon’t Use Information Against the IndividualWhere information is collected, a return value must be provided. (free services for data – google, facebook, OKCupid).
  • 37.
    That’s why wehave laws and stuff, right?No expectation of privacy or warrant needed for information we turn over to third parties. Electronic Communications Privacy Act (ECPA) of 1986Feudal age of data regulation – Assorted state and local statutesLaw enforcement officials have claimed that records of online activities are not protected.What result for data in the cloud? E-book, iPad, phone GPS tracking?
  • 38.
    What Must BeDone?Update ECPA and enact comprehensive technology specific privacy laws
  • 39.
    Technology Did NotKill Privacy . . .But Privacy by Policy Alone Might
  • 40.
    If Not PrivacyBy Policy, then What?www.privacybydesign.ca - Dr. Ann CavoukianInformation & Privacy Commissioner of Ontario
  • 41.
    7 Foundational Principlesof Privacy by Design1. Proactive not Reactive; Preventative not Remedial 2. Privacy as the Default 3. Privacy Embedded into Design 4. Full Functionality – Positive-Sum, not Zero-Sum 5. End-to-End Lifecycle Protection 6. Visibility and Transparency 7. Respect for User Privacy
  • 42.
    Clever Transition toAnonymous Portion
  • 43.
    Anonymous SpeechThis countryis founded on the freedom of speech which includes a right to speak anonymously. PubliusWhen an oppressive regime shuts down open channels of communication only anonymous speech can continue to safely question the Anonymous speech requires no trust relationship, allowing people to freely speak their minds without fear of persecution or shameNo trust and no duty, however, also allows people to divorce themselves from responsibility for their speech - None of us are as cruel as all of us
  • 44.
    The Anonymous InternetWhathappens when people have the ability to use the internet as an anonymous forum to interact with strangers?Sadly, ChatRoulette answered this question all too clearly
  • 45.
    4Chan – TheSoul of The InternetWhat is 4Chan?Anonymous Image BoardNo ArchivesThe likely source of everything amazing and horrible you’ve seen on the internet.
  • 46.
  • 47.
    Rule 34 andmemesAnonymous allows the community to take hold of something and make it something new.Original content barely exists
  • 48.
    Anonymous allows thecommunity to take hold of something and make it something new.Original content barely exists
  • 49.
    Anonymous also bringsout the worstAnonymous will test the limits of the first amendment.
  • 50.
    The Other Sideof Online Anonymous SpeechThe Tor ProjectNavy built to provide anonymous channelsState department funds efforts to train foreign dissidents of oppressive regimes to use Tor to communicate anonymously. Used by journalists, military, students, dissidents and anyone and everyone else.Also forms the backbone of the secure wikileaks document submission processWikileaksProvides anonymous means for those in possession of secrets to release them.Secrets are power. Wikileaks seeks to return that power to the people.
  • 51.
    Anonymous & Hackersin the Middle East
  • 52.
    Anonymous in theMiddle EastAfter Egypt and other regimes shut down the internet, a volunteer militia of volunteer hackers and other interested parties set to work restoring communications and attacking the government Anon_Ops – developed makeshift comms 1-pagerFaxbombedwikileaks Egypt docs to Egypt.LOIC lasers pointed at Government TargetsOthersVoice to tweet invented and deployedAd Hoc networks and other support
  • 53.
    Anonymous the CollectiveRoots in 4ChanAlthough clans exist, and leaders necessarily emerge Anonymous is nebulous and without leadership.Longstanding fight with ScientologyThings changed about a year ago with WikileaksOperation PaybackGawkerHB GaryScott Walker the Furry?Anonymous is the internetThe internet is feeling threatened.
  • 54.
    Anonymous Speech isThreatenedThe right to connect is fundamentalAnonymous is frighteningFear again leads to censorship and curtailing of rightsNew Digital ID systems threaten online anonymous speech as one would essentially log in to use an ISPBlogs, newspapers, and even 4Chan have been ordered to divulge identifying information about anonymous posters which chills speech. No one entity should have the power to shut down the internet.We are all anonymous and we all need our protection.
  • 55.
    Contact info:Brian J.AlsethTechnology and Liberty DirectorACLU of Washingtonbalseth@aclu-wa.org206-624-2184@balseth