Paper by Neil M. Richards in Harvard Law Review. Abstract: “From the Fourth Amendment to George Orwell’s Nineteen Eighty-Four, our culture is full of warnings about state scrutiny of our lives. These warnings are commonplace, but they are rarely very specific. Other than the vague threat of an Orwellian dystopia, as a society we don’t really know why surveillance is bad, and why we should be wary of it. To the extent the answer has something to do with “privacy,” we lack an understanding of what “privacy” means in this context, and why it matters. Developments in government and corporate practices have made this problem more urgent. Although we have laws that protect us against government surveillance, secret government programs cannot be challenged until they are discovered.
… I propose a set of four principles that should guide the future development of surveillance law, allowing for a more appropriate balance between the costs and benefits of government surveillance. First, we must recognize that surveillance transcends the public-private divide. Even if we are ultimately more concerned with government surveillance, any solution must grapple with the complex relationships between government and corporate watchers. Second, we must recognize that secret surveillance is illegitimate, and prohibit the creation of any domestic surveillance programs whose existence is secret. Third, we should recognize that total surveillance is illegitimate and reject the idea that it is acceptable for the government to record all Internet activity without authorization. Fourth, we must recognize that surveillance is harmful. Surveillance menaces intellectual privacy and increases the risk of blackmail, coercion, and discrimination; accordingly, we must recognize surveillance as a harm in constitutional standing doctrine.
Work-force Science and Big Data
Steve Lohr from the New York Times: “Work-force science, in short, is what happens when Big Data meets H.R….Today, every e-mail, instant message, phone call, line of written code and mouse-click leaves a digital signal. These patterns can now be inexpensively collected and mined for insights into how people work and communicate, potentially opening doors to more efficiency and innovation within companies.
Digital technology also makes it possible to conduct and aggregate personality-based assessments, often using online quizzes or games, in far greater detail and numbers than ever before. In the past, studies of worker behavior were typically based on observing a few hundred people at most. Today, studies can include thousands or hundreds of thousands of workers, an exponential leap ahead.
“The heart of science is measurement,” says Erik Brynjolfsson, director of the Center for Digital Business at the Sloan School of Management at M.I.T. “We’re seeing a revolution in measurement, and it will revolutionize organizational economics and personnel economics.”
The data-gathering technology, to be sure, raises questions about the limits of worker surveillance. “The larger problem here is that all these workplace metrics are being collected when you as a worker are essentially behind a one-way mirror,” says Marc Rotenberg, executive director of the Electronic Privacy Information Center, an advocacy group. “You don’t know what data is being collected and how it is used.”
The New Digital Age: Reshaping the Future of People, Nations and Business
The New Digital Age: Reshaping the Future of People, Nations and Business by Eric Schmidt and Jared Cohen, Knopf, 2013
Scientific American: “Schmidt, executive chairman of Google, and Cohen, director of Google Ideas and a foreign policy wonk who has advised Hillary Clinton, deliver their vision of the future in this ambitious, fascinating account. For gadget geeks, the book is filled with tantalizing examples of futuristic goods and services: robotic plumbers; automated haircuts; computers that read body language; and 3-D holographs of weddings projected into the living rooms of relatives who couldn’t attend. Not surprisingly, the authors are bullish on how connectivity—access to the Internet that will soon be nearly universal—will transform education, terrorism, journalism, government, privacy and war. The result, they argue, though not perfect, will be “more egalitarian, more transparent and more interesting than we can even imagine.”
New OECD paper on Machine-to-Machine Communications
Machine-to-Machine Communications – Connecting Billions of Devices: “This document examines the future of machine-to-machine communication (M2M), with a particular focus on mobile wireless networks. M2M devices are defined, in this paper, as those that are actively communicating using wired and wireless networks, are not computers in the traditional sense and are using the Internet in some form or another. While, at the global level, there are currently around five billion devices connected to mobile networks, this may by some estimates increase to 50 billion by the end of the decade. The report provides examples of some of the uses to which M2M is being put today and its potential to enhance economic and social development. It concludes that to achieve these benefits, however, changes to telecommunication policy and regulatory frameworks may be required. Some of the main areas that will need to be evaluated, and implications of M2M assessed, include: opening access to mobile wholesale markets for firms not providing public telecommunication services; numbering policy; frequency policy; privacy and security; and access to public sector information.”