Monthly Archives: January 2014

Technology Policy Institute Tackles Big Data

A recent paper by the Technology Policy Institute takes a pro-business look at the Big Data phenomenon, finding “no evidence” that Big Data is creating any sort of privacy harms.  As I hope to lay out, I didn’t agree with several of the report’s findings, but I found the paper especially interesting as it critiques my essay from September’s “Big Data and Privacy” conference.  According to TPI, my “inflammatory” suggestion that ubiquitous data collection may harm the poor was presented “without evidence.” Let me first say that I’m deeply honored to have my writing critiqued; for better or worse, I am happy to have my thoughts somehow contribute to a policy conversation.  That said, while some free market voices applauded the report as a thoughtful first step at doing a a Big Data cost-benefit analysis, I found the report to be one-sided to its detriment.

As ever in the world of technology and law, definitions matter, and neither myself nor TPI can adequately define what “Big Data” even is.  Instead, TPI suggests that Big Data phenomenon describes the fact that data is “now available in real time, at larger scale, with less structure, and on different types of variables than previously.”  If I wanted to be inflammatory, I would suggest this means that personal data is being collected and iterated upon pervasively and continuously.  The paper then does a good job of exploring some of the unexpected benefits of this situation.  It points to the commonly-lauded Google Flu Trends as the posterchild for Big Data’s benefits, but neglects to mention the infamous example where Target was able to uncover a teenage customer was pregnant before her family.

At that point, the paper looks at several common privacy concerns surrounding Big Data and attempts to debunk them. Read More…

Recapping EPIC’s Failing the Grade Educational Privacy Event

The arrival of new technologies in the field of education, from connected devices, student longitudinal data systems, and massive open online courses (MOOCs) present both opportunities and potential privacy risks for students and educators.  As part of my work at the Future of Privacy Forum, I have started surveying the issue of privacy in education, and early, anecdotal conversations suggest a pressing need for more education and awareness among all stakeholders.  With that in mind, I was pleased to see the Electronic Privacy Information Center (EPIC) host an informative discussion on education records and student privacy.

The focus of the discussion was on the growing “datafication” of student’s personal information.  Sen. Edward Markey (D-Mass), who has been active in the field of children’s privacy, opened the event with an introduction to the topic area.  In addition to discussing his Do Not Track Kids legislation, which would extend COPPA-type protections to 13, 14, and 15 year-olds, the Senator highlighted his new student privacy legislation.  The goals of the legislation were explained as follows:

  1. Student data should never be available for commercial purposes (focus on advertising);
  2. Parents should have access and rectification rights to data held by private companies, similar to what is afforded for records held by schools;
  3. Safeguards should be put in place to ensure that there are real protections for student records held by third parties; and
  4. Private companies must delete information that they no longer need. Student records should not be held permanently by companies, only by parents.

The panel itself featured Marc Rotenberg and Khaliah Barnes of EPIC; Kathleen Styles, Chief Privacy Officer at the Department of Education (DOE); Joel Reidenberg of Fordham Law School; Deborah Peel of Patient Privacy Rights; and Pablo Molina, Chief Information Officer at Southern Connecticut State University.

Read More…

National Security Journalism: From Watchdog to Lapdog

In 2011, as I was wrapping up law school, I wrote a lengthy, ranting paper about the problems watchdog journalism faced in effectively reporting about national security and foreign affairs.  Fueled by a combination of a course on media law, a recent set of disclosures by WikiLeaks, and an unhealthy amount of Sunday morning talk show viewing, I blamed the “systemic professionalization” of our major media for weakening the press’ watchdog function vis-a-vis government.  Specifically, I argued that objectivity in journalism had the unintended consequence of making major media extremely susceptible to having its coverage of foreign affairs and national security issues in general manipulated by outside actors, especially the government.

A combination of cost-cutting and the twenty-four hour news cycle has forced the media to rely on information provided directly from government officials, and this sort of access has become arguably as valuable as rigorous documentation, critical analysis, or investigations. This leads to an outcome where government becomes the arbiter of what news the public gets to learn.  Over time, my thinking was that reliance on government for the story indirectly reduces the press’s credibility. Since government briefings have become notoriously managed and “spun,” the perverse result is that government information is often considered more reliable or more truthful if it given anonymously and off-the-record, which produces the deluge of anonymous sourcing we see in the media today.

It is my belief that one of the key values of a free press is to serve as a check on government action, but when this sort of government access is combined with a slavish devotion to objectivity, it has the unintended consequence of making our watchdog press more a neutral arbiter than an antagonistic body that oversees government behaviors. Cloaked in secrecy, national security issues provide government officials with an opportunity to shape reality as they wish it — as we have seen repeatedly over the last year.  I.F. Stone one famously stated that “every government is run by liars and nothing they say should be believed,” but how often do our most esteemed journalists dare call a politician’s lie a lie?

In 1947, the Commission on Freedom of the Press suggested that market forces and citizen efforts could be used to improve the media’s watchdog capability.  When I wrote this paper in 2011, I concluded that this casual observation may be more feasible now than six decades ago due the rise of so-called new media. Collaborative journalism is on the rise:

Reporting is becoming more participatory and collaborative. The ranks of news gatherers now include not only newsroom staffers, but freelancers, university faculty members, students, and citizens. Financial support for reporting now comes not only from advertisers and subscribers, but also from foundations, individual philanthropists, academic and government budgets, special interests, and voluntary contributions from readers and viewers. There is increased competition among the different kinds of news gatherers, but there also is more cooperation, a willingness to share resources and reporting with former competitors.

Maybe now the solution is the professionalize the blogosphere?

In any event, doesn’t this entire enterprise of collaborative journalism sound like exactly how this past year’s reporting on NSA surveillance has been carried out?  Glenn Greenwald is, in the best sense of the word, a blogger by tradition, and numerous organizations, from establishment media to ProPublica and independent researchers like Ashkan Soltani, have brought information to the public.  In the coming year, Greenwald has teamed with billionaire Pierre Omidyar to launch First Look Media.

I had largely forgotten about the paper, but considering its the new year, I thought it worth something to share publicly.  Please feel free to read and criticize — that’s what being a watchdog is all about!

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