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Ai-Da Robot’s "AI God" artwork. — Ai-Da Robot Studios

An AI generated portrait of the eminent World War II codebreaker, Alan Turing, has been sold for a record $1.3 million at auction.

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From: TF, for the latest news on copyright battles, piracy and more.

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From: TF, for the latest news on copyright battles, piracy and more.

BREIN has obtained a new blocking order in the Netherlands targeting TorrentGalaxy, one the world's most popular torrent sites. Internet provider Odido objected to the request, arguing that the Dutch anti-piracy group could have done more to target the problem closer to the source. The Rotterdam District Court found that the anti-piracy group can't be expected to do more than it's already done.

From: TF, for the latest news on copyright battles, piracy and more.

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Privacy: Ross Ulbricht handed in his appeal to the U.S. Supreme Court last week, highlighting an important Analog Equivalent Privacy Right in the process: Just because you’re using equipment that makes a third party aware of your circumstances, does that really nullify any expectation of privacy?

In most constitutions, there’s a protection of privacy of some kind. In the European Charter of Human Rights, this is specified as having the right to private and family life, home, and correspondence. In the U.S. Constitution, it’s framed slightly differently, but with the same outcome: it’s a ban for the government to invade privacy without good cause (“unreasonable search and seizure”).

U.S. Courts have long held, that if you have voluntarily given up some part of your digitally-stored privacy to a third party, then you can no longer expect to have privacy in that area. When looking at analog equivalence for privacy rights, this doctrine is atrocious, and in order to understand just how atrocious, we need to go back to the dawn of the manual telephone switchboards.

At the beginning of the telephone age, switchboards were fully manual. When you requested a telephone call, a manual switchboard operator would manually connect the wire from your telephone to the wire of the receiver’s telephone, and crank a mechanism that would make that telephone ring. The operators could hear every call if they wanted and knew who had been talking to whom and when.

Did you give up your privacy to a third party when using this manual telephone service? Yes, arguably, you did. Under the digital doctrine applied now, phonecalls would have no privacy at all, under any circumstance. But as we know, phonecalls are private. In fact, the phonecall operators were oathsworn to never utter the smallest part of what they learned on the job about people’s private dealings — so seriously was privacy considered, even by the companies running the switchboards.

Interestingly enough, this “third-party surrender of privacy” doctrine seems to have appeared the moment the last switchboard operator left their job for today’s automated phone-circuit switches. This was as late as 1983, just at the dawn of digital consumer-level technology such as the Commodore 64.

This false equivalence alone should be sufficient to scuttle the doctrine of “voluntarily” surrendering privacy to a third party in the digital world, and therefore giving up expectation of privacy: the equivalence in the analog world was the direct opposite.

But there’s more to the analog equivalent of third-party-service privacy. Somewhere in this concept is the notion that you’re voluntarily choosing to give up your privacy, as an active informed act — in particular, an act that stands out of the ordinary, since the Constitutions of the world are very clear that the ordinary default case is that you have an expectation of privacy.

In other words, since people’s everyday lives are covered by expectations of privacy, there must be something outside of the ordinary that a government can claim gives it the right to take away somebody’s privacy. And this “outside the ordinary” has been that the people in question were carrying a cellphone, and so “voluntarily” gave up their right to privacy, as the cellphone gives away their location to the network operator by contacting cellphone towers.

But carrying a cellphone is expected behavior today. It is completely within the boundaries of “ordinary”. In terms of expectations, this doesn’t differ much from wearing jeans or a jacket. This leads us to the question; in the thought experiment that yesterday’s jeans manufacturers had been able to pinpoint your location, had it been reasonable for the government to argue that you give up any expectation of privacy when you’re wearing jeans?

No. No, of course it hadn’t.

It’s not like you’re carrying a wilderness tracking device for the express purpose of rescue services to find you during a dangerous hike. In such a circumstance, it could be argued that you’re voluntarily carrying a locator device. But not when carrying something that everybody is expected to carry — indeed, something that everybody must carry in order to even function in today’s society.

When the only alternative to having your Constitutionally-guaranteed privacy is exile from modern society, a government should have a really thin case. Especially when the analog equivalent — analog phone switchboards — was never fair game in any case.

People deserve Analog Equivalent Privacy Rights.

Until a government recognizes this and voluntarily surrenders a power it has taken itself, which isn’t something people should hold their breath over, privacy remains your own responsibility.

Privacy: Our analog parents had the ability to read news anonymously, however they wanted, wherever they wanted, and whenever they wanted. For our digital children, a government agent might as well be looking over their shoulder: the government knows what news sources they read, what articles, for how long, and in what order.

For our analog parents, reading the news was an affair the government had no part of, or indeed had any business being part of. Our analog parents bought a morning newspaper with a few coins on the street corner, brought it somewhere quiet where they had a few minutes to spare, and started reading without anybody interfering.

When our digital children read the news, the government doesn’t just know what news source they choose to read, but also what specific articles they read from that news source, in what order, and for how long. So do several commercial actors. There are at least three grave issues with this.

The first is that since the government has this data, it will attempt to use this data. More specifically, it will attempt to use the data against the individual concerned, possibly in some sort of pre-crime scheme. We know this that since all data collected by a government will eventually be used against the people concerned, with mathematical certainty.

In an attention economy, data about what we pay attention to, how much, and for how long, are absolutely crucial predictive behaviors. And in the hands of a government which makes the crucial mistake of using it to predict pre-crime, the results can be disastrous for the individual and plain wrong for the government.

Of course, the instant the government uses this data in any way imaginable, positive or negative, it will become Heisenberg Metrics — the act of using the data will shape the data itself. For example, if somebody in government decides that reading about frugality probably is an indicator of poverty, and so makes people more eligible for government handouts, then such a policy will immediately shape people’s behavior to read more about frugality. Heisenberg Metrics is when a metric can’t be measured without making it invalid in the process.

(The phenomenon is named after the Heisenberg Uncertainty Principle, which is traditionally confused with the Observer Effect, which states you can’t measure some things without changing them in the process. The Heisenberg Uncertainty Principle is actually something else entirely; it states that you can’t measure precise momentum and position of a subatomic particle at the same time, and does not apply at all to Heisenberg Metrics.)

The second issue is that not only government, but also other commercial actors, will seek to act on these metrics, Heisenberg Metrics as they may be. Maybe somebody thinks that reading fanzines about motorcycle acrobatics should have an effect on your health and traffic insurance premiums?

The third issue is subtle and devious, but far more grave: the government doesn’t just know what articles you read and in what order, but as a corollary to that, knows what the last article you read was, and what you did right after reading it. In other words, it knows very precisely what piece of information leads you to stop reading and instead take a specific action. This is far more dangerous information than being aware of your general information feed patterns and preferences.

Being able to predict somebody’s actions with a high degree of certainty is a far more dangerous ability than being vaguely aware of somebody’s entertainment preferences.

Our analog parents had the privacy right of choosing their information source anonymously with nobody permitted (or able) to say what articles they read, in what order, or for what reason. It’s not unreasonable that our digital children should have the same privacy right, the analog equivalent privacy right.

Privacy remains your own responsibility.

Privacy: In the last article, we focused on how people are tracked today when using credit cards instead of cash. But few pay attention to the fact that we’re tracked when using cash today, too.

Few people pay attention to the little sign on the revolving door on Schiphol Airport in Amsterdam, Netherlands. It says that wi-fi and bluetooth tracking of every single individual is taking place in the airport.

What sets Schiphol Airport apart isn’t that they track individual people’s movements to the sub-footstep level in a commercial area. (It’s for commercial purposes, not security purposes.) No, what sets Schiphol apart is that they bother to tell people about it. (The Netherlands tend to take privacy seriously, as does Germany, and for the same reason.)

Locator beacons are practically a standard in bigger commercial areas now. They ping your phone using wi-fi and bluetooth, and using signal strength triangulation, a grid of locator beacons is able to show how every single individual is moving in realtime at the sub-footstep level. This is used to “optimize marketing” — in other words, find ways to trick people’s brains to spend resources they otherwise wouldn’t have. Our own loss of privacy is being turned against us, as it always is.

Where do people stop for a while, what catches their attention, what doesn’t catch their attention, what’s a roadblock for more sales?

These are legitimate questions. However, taking away people’s privacy in order to answer those questions is not a legitimate method to answer them.

This kind of mass individual tracking has even been deployed at city levels, which happened in complete silence until the Privacy Oversight Board of a remote government sounded the alarms. The city of Västerås got the green light to continue tracking once some formal criteria were met.

Yes, this kind of people tracking is documented to have been already rolled out citywide in at least one small city in a remote part of the world (Västerås, Sweden). With the government’s Privacy Oversight Board having shrugged and said “fine, whatever”, don’t expect this to stay in the small town of Västerås. Correction, wrong tense: don’t expect it to have stayed in just Västerås, where it was greenlit three years ago.

Our analog parents had the ability to walk around untracked in the city and street of their choice, without it being used or held against them. It’s not unreasonable that our digital children should have the same ability.

There’s one other way to buy things with cash which avoids this kind of tracking, and that’s paying cash-on-delivery when ordering something online or over the phone to your door — in which case your purchase is also logged and recorded, just in another type of system.

This isn’t only used against the ordinary citizen for marketing purposes, of course. It’s used against the ordinary citizen for every conceivable purpose. But we’ll be returning to that in a later article in the series.

Privacy remains your own responsibility.

Privacy: Our analog parents’ dating preferences were considered a most private of matters. For our digital children, their dating preferences is a wholesale harvesting opportunity for marketing purposes. How did this terrifying shift come to be?

I believe the first big harvester of dating preferences was the innocent-looking site hotornot.com 18 years ago, a site that more seemed like the after-hours side work of a frustrated highschooler than a clever marketing ploy. It simply allowed people to rate their subjective perceived attractiveness of a photograph, and to upload photographs for such rating. (The two founders of this alleged highschool side project netted $10 million each for it when the site was sold.)

Then the scene exploded, with both user-funded and advertising-funded dating sites, all of which cataloged people’s dating preferences to the smallest detail.

Large-scale pornography sites, like PornHub, also started cataloging people’s porn preferences, and contiously make interesting infographics about geographical differences in preferences. (The link is safe for work, it’s data and maps in the form of a news story on Inverse, not on Pornhub directly.) It’s particularly interesting, as Pornhub is able to break down preferences quite specifically by age, location, gender, income brackets, and so on.

Do you know anyone who told Pornhub any of that data? No, I don’t either. And still, they are able to pinpoint who likes what with quite some precision, precision that comes from somewhere.

And then, of course, we have the social networks (which may or may not be responsible for that tracking, by the way).

It’s been reported that Facebook can tell if you’re gay or not with as little as three likes. Three. And they don’t have to be related to dating preferences or lifestyle preferences — they can be any random selections that just map up well with bigger patterns.

This is bad enough in itself, on the basis that it’s private data. At a very minimum, our digital childrens’ preferences should be their own, just like their favorite ice cream.

But a dating preferences are not just a preference like choosing your flavor of ice cream, is it? It should be, but it isn’t at this moment in time. It could also be something you’re born with. Something that people even get killed for if they’re born with the wrong preference.

It is still illegal to be born homosexual in 73 out of 192 countries, and out of these 73, eleven prescribe the death penalty for being born this way. A mere 23 out of 192 countries have full marriage equality.

Further, although the policy direction is quite one-way toward more tolerance, acceptance, and inclusion at this point in time, that doesn’t mean the policy trend can’t reverse for a number of reasons, most of them very bad. People who felt comfortable in expressing themselves can again become persecuted.

Genocide is almost always based on public data collected with benevolent intent.

This is why privacy is the last line of defense, not the first. And this last line of defense, which held fast for our analog parents, has been breached for our digital children. That matter isn’t taken nearly seriously enough.

Privacy remains your own responsibility.