[HN Gopher] What does it mean for users to be in full control ov...
       ___________________________________________________________________
        
       What does it mean for users to be in full control over their data
       [pdf]
        
       Author : Rygian
       Score  : 37 points
       Date   : 2022-12-26 14:09 UTC (8 hours ago)
        
 (HTM) web link (schluss.org)
 (TXT) w3m dump (schluss.org)
        
       | yellow_lead wrote:
       | I don't understand how one could prevent companies from making
       | copies of this data. Presumably their service provides an API to
       | access the data (one time or limited time). All it takes is one
       | dev storing it in the database and your privacy model is ruined.
       | That said I didn't read the whole paper, so if there's a way
       | around this im happy to be told
        
         | flipbrad wrote:
         | The answer would be incredibly hardcore privacy laws, backed
         | with incredibly hardcore enforcement, in all jurisdictions.
         | 
         | In other words - a very dark pipe-dream.
        
       | dahart wrote:
       | This is an interesting idea with a good-hearted vision of
       | privacy, so I'm glad someone is thinking about it and proposing
       | _something_. The most valuable idea here is that you originate
       | your data, not the company you're interacting with just because
       | they implemented a form. The laws currently let them frame
       | themselves as owners of the data, so the number one thing we
       | could use is a law that views personal data as owned by each
       | person regardless of who collects it or how they collect it.
       | 
       | I'm a bit skeptical that the shape of this concept as outlined
       | will come to be, though maybe the framework and ideas can be
       | used. It feels like they dove into the implementation, describing
       | how it can be done, but haven't addressed how to get companies on
       | board nor provided incentives for them. We already have the
       | technology for privacy and data control, what we really lack is
       | the legal environment and proper incentives. In that sense I'd
       | guess what we need is the strategy for how to pass these laws and
       | establish incentives more than a description of the tech
       | pipeline, no?
        
         | andsoitis wrote:
         | > The most valuable idea here is that you originate your data,
         | not the company you're interacting with just because they
         | implemented a form.
         | 
         | While this may work for certain use cases, I don't know that it
         | is a stable definition of "my data". One starts running into
         | paradoxes when you consider data you generate when having a
         | conversation with others, for example. I haven't given this
         | deep thought but perhaps our desire to use concepts or
         | "property" is ill fated. On the other hand, a privacy lens can
         | capture cases that "my data is what I generate" cannot
         | adequately address, such as a friend snapping a picture of the
         | inside of my house and posting it on social media.
        
           | dahart wrote:
           | Oh yeah I totally agree, I don't know how to define personal
           | data (and I didn't mean to presume to state one), especially
           | whenever it involves someone else, and I think you might be
           | right about whether the property concept is useful. I also
           | think it's really problematic to aim for the ability to
           | revoke information we've chosen to share publicly. This
           | concept piece doesn't quite say that explicitly, it says you
           | should be able revoke access to your vault, and that there
           | should be information that can only be accessed through the
           | vault (not copied), so effectively adds up to enough control
           | to make private information that was previously shared. Some
           | people are getting the idea that information that has been
           | made public (even by themselves) should be revocable. We've
           | never had that ability in history before, and information
           | that's "public" falls outside the bounds of this paper
           | (because public information can be legally copied). Still,
           | it's an interesting debate and I think we're going to see
           | these paradoxes start to resolve with better and better
           | reasoning. I'm glad it's being debated even if there's no
           | solution yet.
        
       | vgivanovic wrote:
       | "Only original data are stored in the vault; no copies are
       | allowed anywhere" means no backups. As a user, I don't want that;
       | I want my data to be available independently of the physical
       | medium it is stored on.
       | 
       | Even more problematic is: What about data stored on disk, for
       | example, and in memory? That's two copies. Is that allowed? If
       | so, how does that meet the requirement of "no copies allowed"?
        
         | dahart wrote:
         | You can define the vault to include it's backups, so that's not
         | really an issue, but you're right that defining access in terms
         | of copies is problematic. Copyright laws already address this
         | by defining _who_ has the right to make and distribute and
         | consume copies rather than trying to define what exactly
         | constitutes a copy in the digital age. Maybe what they need
         | first is to establish a copyright over personal data that
         | cannot be transferred, similar to Moral Rights?
        
       | kkfx wrote:
       | Ehm sorry but talking about "full control of our own data" in a
       | paper written with Microsoft Word and presenting a mobile app is
       | like talking about peace while empty a magazine aiming at someone
       | else body.
       | 
       | Beside that to have our data, witch does not means privacy, does
       | only means owning A COPY of our data in a fully locally usable
       | form, we need home storage, desktops, home offline copies etc. We
       | need to state a thing: to be Citizens in the digital world, as we
       | need a home in the physical one we need a digital home that's
       | OURS not rent from someone else. Witch means today having a home
       | server for sharing purposes, with a static ip, enough upload, a
       | domain name (or at least a subdomain) and so on.
       | 
       | WE CAN'T OWN anything on a mobile simply because the platform is
       | managed/manageable from remote NOT under our control. We can't
       | own anything on proprietary tools or services.
       | 
       | The dream have a name: classic internet. Witch means a network of
       | interconnected hosts, where one of them is ours, down to the hw.
       | A world of desktop computing where we both produce and consume,
       | sharing between peers, the cloud at maximum reduced to "scalable
       | cache/computing resources in the Plan 9 alike model" and so on.
       | The rest is just marketing.
        
         | fsflover wrote:
         | > WE CAN'T OWN anything on a mobile simply because the platform
         | is managed/manageable from remote NOT under our control.
         | 
         | It depends. If you use Librem 5 or Pinephone, then you do
         | control your data. Apart from that, I agree with your comment.
        
         | andsoitis wrote:
         | > WE CAN'T OWN
         | 
         | Ownership isn't predicated on physical custody.
        
           | blackbear_ wrote:
           | It's not so simple in the digital domain where
           | CTRL+C/ALT+TAB/CTRL+V is all you need to have your very own
           | copy of things.
        
       | dragontamer wrote:
       | If a store notes that Customer#510 has stopped buying tampons and
       | has started to buy baby clothes, and wishes to sell this
       | information to an advertiser. Does Customer#510 have any
       | expectation of control over this data? Who really owns the data?
       | 
       | You are not in control of what others know about your shopping
       | history. Your shopping history _WILL_ change when life events
       | start up, and that's enough for advertisers to target you with
       | new ads.
       | 
       | I'm sure a private individual doesn't like "leaking" this kind of
       | data to others. But even if you didn't have an account, Web
       | Browsers have cookies, your computer and internet has IP
       | addresses, your credit card numbers and bank accounts also track
       | you. The store (Amazon) will know your change of behavior and use
       | that to bombard you with baby clothes advertisements.
        
         | blackbear_ wrote:
         | I think that the red line is definitely crossed whenever a
         | third party is involved.
         | 
         | It's okay for a shop to optimize what they sell and recommend
         | things based on customer data. What is not okay is for a shop
         | to share customer data with _any_ other third party.
         | 
         | Note that by third party I do not only mean advertisers, but I
         | also mean hosting services such as Amazon, Google, Facebook
         | etc.: if you think at them as long streets with shops on the
         | sides, I do not think many people would appreciate having said
         | street filled with surveillance cameras that track everybody's
         | movement and purchases and sells this information.
        
         | Taywee wrote:
         | It's a spectrum. Most people understand that when they interact
         | with a store, that store can and will use that data in pursuit
         | of operating their business better.
         | 
         | Very few people are blanket against any and all use of data
         | about customers, or against any and all forms of advertisement.
         | But most people really don't like companies harvesting their
         | data in order to sell to other advertisers. Most people are
         | sick of every company realizing they can make a little more
         | money by advertising anywhere they possibly can, so now we're
         | in a reality where the $2000 TV you buy in the store has pop up
         | ads built in, records what you watch, and the company (LG in my
         | scenario) will sell that data and use it to advertise to you
         | more effectively. If you want to opt out entirely, you have to
         | completely disconnect the device from the network.
         | 
         | Privacy and personal data aside, advertisement has strongly
         | changed the consumer world for the worst. Nearly everything
         | when a microprocessor tries to gather salable data, and now
         | that can be everything from your toilet to your blender. You
         | can avoid smart devices for the most part, but it's almost
         | impossible to buy a modern TV that doesn't try to do anything
         | except display video and audio.
        
         | dahart wrote:
         | > The store (Amazon) will know your change of behavior and use
         | that to bombard you with baby clothes advertisements.
         | 
         | Targeted advertising is innocuous compared to some of the ways
         | your shopping history could be used against you. Imagine if
         | health insurance companies could decline claims based on too
         | many purchases of pizza and beer over the years. I thought this
         | was supposed to be illegal, and I don't know which laws apply
         | now or have in the past, but ~20 years ago I did hear from a
         | friend who worked in the credit card industry that he had seen
         | this kind of thing happening. Has left me with nagging fears
         | ever since. (I guess I should find out more so I'm not just
         | spreading FUD :P)
        
         | pronlover723 wrote:
         | I don't know where to draw the line but I feel like maybe one
         | line would be a business can not share data about me with
         | anyone else. They can use it to help their own business
         | directly but can't share it with another business for any
         | purpose.
         | 
         | As an example, there was (is?) a law that a video rental store
         | can't share your rental history.
         | 
         | https://en.wikipedia.org/wiki/Video_Privacy_Protection_Act
         | 
         | Unfortunately I suspect that law didn't carry over to
         | Netflix/AppleTV+/Hulu/Amazon/PornHub viewing history nor
         | did/does it apply to purchase history like say
         | Patreon/OnlyFans, etc...
         | 
         | I'm sure that limit is problematic as well. Various companies
         | might want to hire a 3rd party to do data analysis. Should that
         | be allowed? What about a service like Office 365 where there
         | are 3rd party apps?
        
       | flipbrad wrote:
       | In November 2022, Marie-Jose Hoefmans & Onno Hansen-Staszynski &
       | Bob Hageman wrote a paper called "Schluss"
       | 
       | Whoops, I just shared their personal data. "You can only be fully
       | in control when you are in full control of the originals of your
       | data - and no copies are allowed to exist."
       | 
       | Privacy and other fundamental rights are sometimes at odds.
       | Privacy and realism are sometimes at odds.
        
       | TheDudeMan wrote:
       | > You - and you alone - decide who may know what about you.
       | 
       | Why would someone think this is true or even could be true?
        
         | [deleted]
        
       | ineptech wrote:
       | I think part of this is spot on - the loss of control of our data
       | is intimately tied to the fact that many of the use cases we want
       | require a server, and most people don't have one - but the
       | solution described in step 6, non-profit like co-ops to buy and
       | share server resources, seems dubious to me. It seems much more
       | likely that we reach the future they're describing, if at all,
       | through typical families adding a cloud virtual server to the
       | list of things they spend $10/mo on. The amount of data we need
       | to share with the world won't require that much bandwidth, even
       | including social media (for non-celebrities anyway).
       | 
       | Other than that, very intriguing. I don't know if it's all
       | workable but one has to start somewhere.
        
       | [deleted]
        
       | wintermutestwin wrote:
       | In a capitalist society, we should be able to set the price for
       | something that we own. My data is worth way more than the cost to
       | provide the trivial services that Facebook, Gmail, etc provide.
       | 
       | We should also have the right to not sell it. My ISP with their
       | monopoly, Facebook shadow profiles, etc are blatant examples of
       | theft of my personal property.
        
       | dredmorbius wrote:
       | See earlier discussion (6 months ago) about the project
       | generally:
       | 
       | <https://news.ycombinator.com/item?id=31833026>
        
       | dredmorbius wrote:
       | This strikes me as a well-meaning project which has utterly
       | misconceived both the source of the problem, and its solution.
       | 
       | Apologies for length. I'm thinking that privacy solutions need
       | their own version of the "why your anti-spam idea won't work"
       | checklist, which would be shorter...
       | 
       | <https://trog.qgl.org/20081217/the-why-your-anti-spam-idea-wo...>
       | 
       | I've written a bit on the hierarchy of failure, or reversing the
       | sign, the requisite success chain, in problem resolution:
       | 
       | <https://old.reddit.com/r/dredmorbius/comments/2fsr0g/hierarc...>
       | 
       | Schluss fails at stages 2 & 3 (diagnosis and etiology), fails to
       | clearly define 4 (objective), and embarks on "garbage can theory"
       | solutionism in 5 (redress), a/k/a "when you have a hammer, every
       | problem is a nail". Specifically Schluss is applying techno-
       | solutionism to a problem which, whilst it has a technical
       | _component_ is fundamentally grounded in commerce, law, and risk.
       | Given these foundational failings, I 'm confident in predicting
       | that Schluss will fail in its (poorly-formed and poorly-
       | communicated) objectives entirely. I say this with absolutely no
       | joy.
       | 
       | Furthermore, Schluss's proposed solution fails _because data
       | simply don 't work that way_. The _way_ information works is
       | through records and transmission, where a record preserves a
       | transmission and a transmission reads from and /or generates a
       | record. The notion that a single canonical data store assures
       | that _by technical means alone_ further stores and transmissions
       | don 't happen evidences a grievous failure to grasp the problem.
       | 
       | I've compiled a set of _early_ concerns (largely pre-1980)
       | expressed over computerised data, which are recommended reading.
       | In particular I point to the works of Paul Baran written whilst
       | at RAND in the 1960s. For those unaware, Baran is one of the co-
       | inventors of packet-switched data routing, an essential
       | foundation of today 's Internet.
       | 
       | <https://www.rand.org/pubs/authors/b/baran_paul.html>
       | 
       | <https://diaspora.glasswings.com/posts/bf4f5f10f6120138799c00...>
       | 
       | Today's extraordinarily invasive data-surveillance regime, in
       | both its surveillance state and surveillance capitalism
       | instantiations, arises from a set of factors:
       | 
       | - Data storage is cheap and immense. Total data storage has been
       | doubling every few years (2--4 by a quick search), _and has been
       | for decades, dating to at least the 1960s_.[1] Significant
       | thresholds were crossed in the early 2000s when disk ( "spinning
       | rust") storage crossed the 1 GB threshold, with the emergence of
       | SSD storage after about 2010, and with the increasing prevalence
       | of multi-GB _RAM_ storage, with 24 TiB presently among the
       | highest-memory tiers available on Amazon AWS. Your Humble
       | Correspondent recalls working on a shared-compute resource in the
       | early 1990s with a score and a half other analysts which had an
       | _aggregate_ storage of about 2 GB, for a mid-sized data-heavy
       | corporation.
       | 
       | - Legal theories, most especially "Third Party Doctrine" in the
       | US, which holds that "people who voluntarily give information to
       | third parties--such as banks, phone companies, internet service
       | providers (ISPs), and e-mail servers--have 'no reasonable
       | expectation of privacy' in that information."
       | <https://en.wikipedia.org/wiki/Third-party_doctrine>[2]. Given
       | the practical impossibility of conducting a normal life without
       | use of such services, the doctrine effectively establishes a
       | national surveillance apparatus and abrogates Constitutional
       | guarantees of privacy.[3]
       | 
       | - A compelling commercial case. There are critics of surveillance
       | capitalism's actual effectiveness, notably Cory Doctorow.[4] His
       | case boils down to 1) influences are at best marginal and 2) it's
       | a grift, mostly against advertisers. To which I respond that
       | margins matter and advertising is an $800 billion global
       | industry, costing roughly $100 per head, most of which is
       | actually allocated to the 1 billion richest people on Earth, so
       | if you're reading this figure your "free Internet" (and
       | television, radio, and legacy print media) are costing you $800
       | per year, for each member of your household. Free ain't cheap.
       | And it's remarkably corrosive in terms of privacy, manipulation,
       | dark UI/UX patterns, and shitty, shitty content.
       | 
       | - Legally-permitted data exchange. Data-based credit risk
       | assessment dates to the dawn of modern banking (a fuzzy line, as
       | are most, but let's posit 12th century Italy), with currently
       | extant firms such as Dun & Bradstreet tracing their origins to
       | the early 19th century.[5] Practices such as ethnic, religious,
       | racial, and "old-boy" network profiling led to outcomes such as
       | redlining (mentioned by Baran in his writings, again, highly
       | recommended). Modern data-based predictions utilising machine
       | learning result in what Cathy O'Neil has colourfully termed
       | "weapons of math destruction" in her book of the same name.[6]
       | 
       | - Effectively no liability for misuse, leakage, or exfiltration
       | of data. I've long since stopped tracking major commercial data
       | breaches. I strongly suspect Wikipedia's list is grossly
       | incomplete.[7] The modern corporation is a liability-
       | externalising engine, and there are few liabilities more
       | effectively externalised than data loss, and its various fellow
       | travelers of fraud, "identity theft" (that is: fraud), phishing
       | (that is, fraud), impersonation (that is: fraud), social
       | engineering (that is: fraud), and ... well, more fraud. Defences
       | and consequences are pushed to the individual, precisely the
       | level at which they are both most damaging and least-effectively
       | addressed.
       | 
       |  _IF_ we are going to tackle this problem, _THEN_ these
       | underlying foundations must be attacked.
       | 
       | Data exchange must be greatly limited. Whilst data are cheap
       | individually, _large scale data aggregation does remain
       | expensive_ , and if not justifiable based on commercial value, it
       | will cease.
       | 
       | Liability for unauthorised disclosure and abuse must be entirely
       | revised. "Data are liability" has been my own watchword for much
       | of the past decade. Legally it has far less validity than I'd
       | like.
       | 
       | Practices based on data aggregation must be both closely
       | regulated _and_ highly taxed. The taxes serve _both_ to reduce
       | the profitability of such businesses, _and_ to provide an
       | additional legal tool for prosecution against offenders. The old
       | saw about Al Capone stands.[8]
       | 
       | Individuals must be granted strong legal protections to correct,
       | or remove, data _absent a compelling public interest in that data
       | being available. I 'm well aware that this sets up a conflict
       | between privacy and free speech rights. Those are inherent and
       | unavoidable, the question is where one finds a balance.[9]
       | 
       | I also hold that _privacy is an emergent response to changes in
       | informational landscapes and increased capacities in capture,
       | storage, transmission, and processing _. As such, evolution of
       | privacy follows rather than leads such technologies, it is_
       | inherently* reactive, no preemptive. I'm not aware of an explicit
       | similar statement from others though Jeffrey Rosen's _The
       | Unwanted Gaze_ , much of the work of Daniel J. Solove and Helen
       | Nissenbaum have struck me as above par. Harvard historian Jill
       | Lepore has an excellent biography:
       | <https://scholar.harvard.edu/files/jlepore/files/lepore_secre...>
       | (PDF).
       | 
       | Above all: Privacy is fundamentally the ability to define _and_
       | enforce limits on information disclosure. Approaches to improving
       | it must account for both elements. Schluss 's proposal by
       | contrast fails both.
        
         | dredmorbius wrote:
         | Notes:
         | 
         | 1. Some typical citations: "every ten years" (1968) <https://bo
         | oks.google.com/books?id=ZH3pAAAAMAAJ&q=data+storag...>, "every
         | five to eight years" (1961) <https://books.google.com/books?id=
         | 36dRmdlvcE0C&pg=PA255&dq=d...> "every ten to fifteen years"
         | (1972) <https://books.google.com/books?id=3fIWAQAAMAAJ&q=data+s
         | torag...> via Google Books search on "data storage doubles
         | every years" bound to 1900--1979 <https://www.google.com/search
         | ?q=data+storage+doubles+every+y...>.
         | 
         | 2. Wikipedia cites Thompson II, Richard M. "The Fourth
         | Amendment Third-Party Doctrine". Key case law is Katz v. United
         | States (1967), United States v. Miller (1976), Smith v.
         | Maryland (1979), United States v. Graham (2012), amongst
         | others.
         | 
         | 3. I'm aware that the US is not the only jurisdiction on Earth.
         | It is however a _major_ jurisdiction, one for which all of the
         | present FAANG surveillance monopolies principally reside, and
         | which has a major influence on others. The rising significance
         | of China amongst Internet service providers ... does little to
         | improve on the situation, in which case the US is among the
         | _better present defenders_ of personal privacy. Yes, that 's an
         | awfully low bar.
         | 
         | 4. See: _How to Destroy Surveillance Capitalism_ (2022)
         | <https://onezero.medium.com/how-to-destroy-surveillance-
         | capit...> Buy: <https://bookshop.org/p/books/how-to-destroy-
         | surveillance-cap...>
         | 
         | 5. <https://en.wikipedia.org/wiki/Dun_%26_Bradstreet> citing
         | <http://www.fundinguniverse.com/company-histories/the-dun-
         | bra...>
         | 
         | 6. Pub 2016. Overview:
         | <https://en.wikipedia.org/wiki/Weapons_of_Math_Destruction>
         | Buy: <https://bookshop.org/p/books/weapons-of-math-destruction-
         | how...>
         | 
         | 7. Though that doesn't diminish my appreciation of the effort.
         | Results here:
         | <https://en.wikipedia.org/wiki/List_of_data_breaches>
         | 
         | 8. The gangster was convicted not on organised crime,
         | smuggling, or murder charges, but for tax evasion in 1931.
         | <https://www.fbi.gov/history/famous-cases/al-capone>
         | 
         | 9. I've explored this question somewhat, though still haven't
         | fully developed the notion, as one of _informational autonomy_
         | , encompassing a set of related and often conflicting concerns.
         | See: <https://diaspora.glasswings.com/posts/622677903778013902f
         | d00...> and some followups on Diaspora*
         | <https://diaspora.glasswings.com/tags/autonomouscommunication>
         | and Mastodon
         | <https://toot.cat/@dredmorbius/tagged/AutonomousCommunication>
         | and <https://toot.cat/@dredmorbius/tagged/InformationAutonomy>.
        
       ___________________________________________________________________
       (page generated 2022-12-26 23:01 UTC)