Tough choices

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The relationship between identity and privacy is deep: privacy (in the sense of control over data associated with an identity) ought to be facilitated by the identity infrastructure. But that control cannot be absolute: society needs a balance in order to function, so the infrastructure ought to include a mechanism for making that balance explicit. It is very easy to set the balance in the wrong place even with the best of intentions. And once the balance is set in the wrong place, it may have most undesirable consequences.

An obsession with child protection in the UK and throughout the EU is encouraging a cavalier approach to law-making, which less democratic regimes are using to justify much broader repression on any speech seen as extreme or dangerous…. “The UK and EU are supporting measures that allow for websites to be censored on the basis of purely administrative processes, without need for judicial oversight.”

[From Net censors use UK’s kid-safety frenzy to justify clampdown • The Register]

So a politician in one country decides, say, that we should all be able to read out neighbour’s emails just in case our neighbour is a pervert or serial killer or terrorist and the next thing we know is that Iranian government supporters in the UK are reading their neighbours emails and passing on their details to a hit squad if the emails contain any anti-regime comments.

By requiring law enforcement backdoors, we open ourselves to surveillance by hackers and foreign intelligence agencies

[From slight paranoia: Web 2.0 FBI backdoors are bad for national security]

This is, of course, absolutely correct, and it was shown in relief today when I read that…

Some day soon, when pro-democracy campaigners have their cellphones confiscated by police, they’ll be able to hit the “panic button” — a special app that will both wipe out the phone’s address book and emit emergency alerts to other activists… one of the new technologies the U.S. State Department is promoting to equip pro-democracy activists in countries ranging from the Middle East to China with the tools to fight back against repressive governments.

[From U.S. develops panic button for democracy activists | Reuters]

Surely this also means that terrorists about to execute a dastardly plot in the US will be able to wipe their mobile phones and alert their co-conspirators when the FBI knock on the door and, to use the emotive example, that child pornographers will be able to wipe their phones and alert fellow abusers when the police come calling. Tough choices indeed. We want to protect individual freedom so we must create private space. And yet we still need some kind of “smash the glass” option, because criminals do use the interweb tubes and there are legitimate law enforcement and national security interests here. Perhaps, however, the way forward to move away from the idea of balance completely.

In my own area of study, the familiar trope of “balancing privacy and security” is a source of constant frustration to privacy advocates, because while there are clearly sometimes tradeoffs between the two, it often seems that the zero-sum rhetoric of “balancing” leads people to view them as always in conflict. This is, I suspect, the source of much of the psychological appeal of “security theater”: If we implicitly think of privacy and security as balanced on a scale, a loss of privacy is ipso facto a gain in security. It sounds silly when stated explicitly, but the power of frames is precisely that they shape our thinking without being stated explicitly.

[From The Trouble With “Balance” Metaphors]

This is a great point, and when I read it it immediately helped me to think more clearly. There is no evidence that taking away privacy improves security, so it’s purely a matter of security theatre.

Retaining telecommunications data is no help in fighting crime, according to a study of German police statistics, released Thursday. Indeed, it could even make matters worse… This is because users began to employ avoidance techniques, says AK Vorrat.

[From Retaining Data Does Not Help Fight Crime, Says Group – PCWorld]

This is precisely the trajectory that we will all be following. The twin pressures from Big Content and law enforcement mean that the monitoring, recording and analysis of internet traffic is inevitable. But it will also be largely pointless, as my own recent experiences have proven. When I was in China, I wanted to use Twitter but it was blocked. So I logged in to a VPN back in the UK and twittered away. When I wanted to listen to the football on Radio 5 while in Spain, the BBC told me that I couldn’t, so I logged back in to my VPN and cheered the Blues. When I want to watch “The Daily Show” from the UK or when I want to watch “The Killing” via iPlayer in the US, I just go via VPN.

I’m surprised more ISPs don’t offer this as value-added service themselves. I already pay £100 per month for my Virgin triple-play (50Mb/s broadband, digital TV and telephone, so another £5 per month for OpenVPN would suit me fine).

Two-faced, at the least

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The end of privacy is in sight, isn’t it? After all, we are part of a generation that twitters and updates its path through the world, telling everyone everything. Not because Big Brother demands it, but because we want to. We have, essentially, become one huge distributed Big Brother. We give away everything about ourselves. And I do mean everything.

Mr. Brooks, a 38-year-old consultant for online dating Web sites, seems to be a perfect customer. He publishes his travel schedule on Dopplr. His DNA profile is available on 23andMe. And on Blippy, he makes public everything he spends with his Chase Mastercard, along with his spending at Netflix, iTunes and Amazon.com.

“It’s very important to me to push out my character and hopefully my good reputation as far as possible, and that means being open,” he said, dismissing any privacy concerns by adding, “I simply have nothing to hide.”

[From T.M.I? Not for Sites Focused on Sharing – NYTimes.com]

We’ll come back to the reputation thing later on, but the point I wanted to make is that I think this is dangerous thinking, the rather lazy “nothing to hide” meme. Apart from anything else, how do you know whether you have anything to hide if you don’t know what someone else is looking for?

To Silicon Valley’s deep thinkers, this is all part of one big trend: People are becoming more relaxed about privacy, having come to recognize that publicizing little pieces of information about themselves can result in serendipitous conversations — and little jolts of ego gratification.

[From T.M.I? Not for Sites Focused on Sharing – NYTimes.com]

We haven’t had the Chernobyl yet, so I don’t privilege the views of the “deep thinkers” on this yet. In fact, I share the suspicion that these views are unrepresentative, because they come from such a narrow strata of society.

“No matter how many times a privileged straight white male tech executive tells you privacy is dead, don’t believe it,” she told upwards of 1,000 attendees during the opening address. “It’s not true.”

[From Privacy still matters at SXSW | Tech Blog | FT.com]

So what can we actually do? Well, I think that the fragmentation of identity and the support of multiple personas is one good way to ensure that the privacy that escapes us in the physical world will be inbuilt in the virtual world. Not everyone agrees. If you are a rich white guy living in California, it’s pretty easy to say that multiple identities are wrong, that you have no privacy get over it, that if you have nothing to hide you have nothing to fear, and such like. But I disagree. So let’s examine a prosaic example to see where it takes us: not political activists trying to tweet in Iran or Algerian pro-democracy Facebook groups or whatever, but the example we touched on a few weeks ago when discussing comments on newspaper stories: blog comments.

There’s an undeniable problem with people using the sort-of-anonymity of the web, the cyber-equvalent of the urban anonymity that began with the industrial revolution, to post crap, spam, abuse and downright disgusting comments on blog posts. And there is no doubt that people can use that sort-of-anonymity to do stupid, misleading and downright fraudulent things.

Sarah Palin has apparently created a second Facebook account with her Gmail address so that this fake “Lou Sarah” person can praise the other Sarah Palin on Facebook. The Gmail address is available for anyone to see in this leaked manuscript about Sarah Palin, and the Facebook page for “Lou Sarah” — Sarah Palin’s middle name is “Louise” — is just a bunch of praise and “Likes” for the things Sarah Palin likes and writes on her other Sarah Palin Facebook page

[From Sarah Palin Has Secret ‘Lou Sarah’ Facebook Account To Praise Other Sarah Palin Facebook Account]

Now, that’s pretty funny. But does it really matter? if Lou Sarah started posting death threats or child pornography then, yeah, I suppose it would, but I’m pretty sure there are laws about that already. But astrosurfing with Facebook and posting dumb comments on tedious blogs, well, who cares? If Lou Sarah were to develop a reputation for incisive and informed comment, and I found myself looking forward to her views on key issues of the day, would it matter to me that she is an alter-ego. I wonder.

I agree with websites such as LinkedIn and Quora that enforce real names, because there is a strong “reputation” angle to their businesses.

[From Dean Bubley’s Disruptive Wireless: Insistence on a single, real-name identity will kill Facebook – gives telcos a chance for differentiation]

Surely, the point here is that on LinkedIn and Quora (to be honest, I got a bit bored with Quora and don’t go there much now), I want the reputation for work-related skills, knowledge, experience and connections, so I post with my real name. When I’m commenting at my favourite newspaper site, I still want reputation – I want people to read my comments – but I don’t always want them connected either with each other or with the physical me (I learned this lesson after posting in a discussion about credit card interest rates and then getting some unpleasant e-mails from someone ranting on about how interest is against Allah’s law and so on).

My identity should play ZERO part in the arguments being made. Otherwise, it’s just an appeal to authority.

[From The Real “Authenticity Killer” (and an aside about how bad the Yahoo brand has gotten) — Scobleizer]

To be honest, I think I pretty much agree with this. A comment thread on a discussion site about politics or football should be about the ideas, the argument, not “who says”. I seem to remember, from when I used to teach an MBA course on IT Management a long time ago, that one of the first lessons of moving to what was then called computer-mediated communication (CMC) for decision-making was that it led to better results precisely because of this. (I also remember that women would often create male pseudonyms for these online communications because research showed that their ideas were discounted when they posted as women.)

It isn’t just about blog comments. Having a single identity, particularly the Facebook identity, it seems to me, is fraught with risk. It’s not the right solution. It’s almost as if it was built in a different age, where no-one had considered what would happen when the primitive privacy model around Facebook met commercial interests with the power of the web at their disposal.

that’s the approach taken by two provocateurs who launched LovelyFaces.com this week, with profiles — names, locations and photos — scraped from publicly accessible Facebook pages. The site categorizes these unwitting volunteers into personality types, using a facial recognition algorithm, so you can search for someone in your general area who is “easy going,” “smug” or “sly.”

[From ‘Dating’ Site Imports 250,000 Facebook Profiles, Without Permission | Epicenter | Wired.com]

Nothing to hide? None of my Facebook profiles is in my real name. My youngest son has great fun in World of Warcraft and is very attached to his guilds, and so on, but I would never let him do this in his real name. There’s no need for it and every reason to believe that it would make identity problems of one form or another far worse (and, in fact, the WoW rebellion over “real names” was led by the players themselves, not privacy nuts). But you have to hand it to Facebook. They’ve been out there building stuff while people like me have been blogging about identity infrastructure.

Although it’s not apparent to many, Facebook is in the process of transforming itself from the world’s most popular social-media website into a critical part of the Internet’s identity infrastructure

[From Facebook Wants to Supply Your Internet Driver’s License – Technology Review]

Now Facebook may very well be an essential part of the future identity infrastructure, but I hope that people will learn how to use it properly.

George Bronk used snippets of personal information gleaned from the women’s Facebook profiles, such as dates of birth, home addresses, names of pets and mother’s maiden names to then pass the security questions to reset the passwords on their email accounts.

[From garlik – The online identity experts]

I don’t know if we should expect the public, many of who are pretty dim, to take more care over their personal data or if we as responsible professionals, should design an infrastructure that at least makes it difficult for them to do dumb things with their personal data, but I do know that without some efforts and design and vision, it’s only going to get worse for the time being.

“We are now making a user’s address and mobile phone number accessible as part of the User Graph object,”

[From The Next Facebook Privacy Scandal: Sharing Phone Numbers, Addresses – Nicholas Jackson – Technology – The Atlantic]

Let’s say, then, for sake of argument, that I want to mitigate the dangers inherent in allowing any one organisation to gather too much data about me so I want to engage online using multiple personas to at least partition the problem of online privacy. Who might provide these multiple identities? In an excellent post on this, Forum friend Dean Bubley aggresively asserts

I also believe that this gives the telcos a chance to fight back against the all-conquering Facebook – if, and only if, they have the courage to stand up for some beliefs, and possibly even push back against political pressure in some cases. They will also need to consider de-coupling identity from network-access services.

[From Dean Bubley’s Disruptive Wireless: Insistence on a single, real-name identity will kill Facebook – gives telcos a chance for differentiation]

The critical architecture here is pseduonymity, and an obvious way to implement it is by using multiple public-private key pairs and then binding them to credentials to form persona that can be selected from the handset, making the mobile phone into an identity remote control, allowing you to select which identity you want to asset on a per transaction basis if so desired. I’m sure Dean is right about the potential. Now, I don’t want to sound the like grumpy old man of Digital Identity, but this is precisely the idea that Stuart Fiske and I put forward to BT Cellnet back in the days of Genie – the idea was the “Genie Passport” to online services. But over the last decade, the idea has never gone anywhere with any of the MNOs that we have worked for. Well, now is the right time to start thinking about this seriously in MNO-land.

But mark my words, we WILL have a selector-based identity layer for the Internet in the future. All Internet devices will have a selector or a selector proxy for digital identity purposes.

[From Aftershocks of an untimely death announcement | IdentitySpace]

The most logical place for this selector is in the handset, managing multiple identities in the UICC, accessible OTA or via NFC. I use case is very appealing: I select ‘Dave Birch’ on my hansdset, tap it to my laptop and there is all of the ‘Dave Birch’ stuff. Change the handset selector to ‘David G.W. Birch’ and then tap the handset to the laptop again and all of the ‘Dave Birch’ stuff is gone and all of the ‘David G.W. Birch’ stuff is there. It’s a very appealing implementation of a general-purpose identity infrastructure and it would a means for MNOs to move to smart pipe services. But is it too late? Perhaps the arrival of non-UICC secure elements (SEs) mean that more agile organisations will move to exploit the identity opportunity.

How smart?

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I had an interesting conversation with the CTO of a multi-billion company at the Mobile World Congress in Barcelona. He, like me, felt that something has been going wrong in the world of identity, authentication, credentials and reputation as we try to create electronic versions of physical world legacy constructs instead of starting from a new sets of requirements for the virtual world and working back. He was talking about machines, though, not people.

Robots could soon have an equivalent of the internet and Wikipedia. European scientists have embarked on a project to let robots share and store what they discover about the world. Called RoboEarth it will be a place that robots can upload data to when they master a task, and ask for help in carrying out new ones.

[From BBC News – Robots to get their own internet]

RoboEarth? No! Skynet, please. And Skynet needs to share an identity infrastructure with the interweb tubes, because of the rich interaction between personal identity and machine identity that will be integral to future living. The internet of things infrastructure needs an identity of things infrastructure to work properly. Our good friend Rob Bratby from Olswang wrote, accurately, that

The deployment of smart meters is one of the most significant deployments of what is often described as ‘the internet of things’, but its linkage to subscriber accounts and individual homes, and the increasing prevalence of data ‘mash-ups’ (cross-referencing of multiple databases) will require these issues to be thought about in a more sophisticated and nuanced way.

[From Watching the connectives | A lawyer’s insight into telecoms and technology]

I can confirm from our experiences advising organisations in the smart metering value chain that these issues are certainly not being thought about in either sophisticated or nuanced ways.

“The existing business policies and practices of utilities and third-party smart grid providers may not adequately address the privacy risks created by smart meters and smart appliances,

[From Grid Regulator: The Internet & Privacy Concerns Will Shape Grid: Cleantech News and Analysis «]

Not my words, the Federal Energy Regulatory Commission in the US. Too right. The lack of an identity infrastructure isn’t just a matter of Facebook data getting into the wrong hands or having to have a different 2FA dongle for each of your bank accounts. It’s a matter of critical infrastructure starting down the wrong path, from which it will be hard to recover after the first Chernobyl of the smart meter age, the first time some kids, or the North Korean government, or a software error at the gas company shuts down all the meters, or publishes all of the meter readings in a Google maps-style mashup so that burglars can find out which houses in a street are empty, or the News of World can get a text alert when a sleb gets home, or whatever.

My CTO friend was, I’m certain, right to suggest that we need to start by working out what we what identity to look like in general and then work out what the subset of that in the physical world needs to look like. If we do start building an EUTIC or a UKTIC to complement NSTIC then I think it should work for smart meters as well as for dumb people.

Theoretically private

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The Institute for Advanced Legal Studies hosted an excellent seminar by Professor Michael Birnhack from the Faculty of Law at Tel Aviv University who was talking about “A Quest for a Theory of Privacy”.

He pointed out that while we’re all very worried about privacy, we’re not really sure what should be done. It might be better to pause and review the legal “mess” around privacy and then try to find an intellectually-consistent way forward. This seems like a reasonable course of action to me, so I listened with interest as Michael explained that for most people, privacy issues are becoming more noticeable with Facebook, Google Buzz, Airport “nudatrons”, Street View, CCTV everywhere (particularly in the UK) and so on. (I’m particularly curious about the intersection between new technologies — such as RFID tags and biometrics — and public perceptions of those technologies, so I found some of the discussion very interesting indeed.)

Michael is part of the EU PRACTIS research group that has been forecasting technologies that will have an impact on privacy (good and bad: PETs and threats, so to speak). They use a roadmapping technique that is similar to the one we use at Consult Hyperion to help our clients to plan their strategies for exploiting new transaction technologies and is reasonably accurate within a 20 year horizon. Note that for our work for commercial clients, we use a 1-2 year, 2-5 year, and 5+ year roadmap. No-one in a bank or a telco cares about the 20 year view, even if we could predict it with any accuracy — and given that I’ve just read the BBC correspondents informed predictions for 2011 and they don’t mention, for example, what’s been going on in Tunisia and Egypt, I’d say that’s pretty difficult.

One key focus that Michael rather scarily picked out is omnipresent surveillance, particularly of the body (data about ourselves, that is, rather than data about our activities), with data acted upon immediately, but perhaps it’s best not go into that sort of thing right now!

He struck a definite chord when he said that it might be the new business models enabled by new technologies that are the real threat to privacy, not the technologies themselves. These mean that we need to approach a number of balances in new ways: privacy versus law enforcement, privacy versus efficiency, privacy versus freedom of expression. Moving to try and set these balances, via the courts, without first trying to understand what privacy is may take us in the wrong direction.

His idea for working towards a solution was plausible and understandable. Noting that privacy is a vague, elusive and contingent concept, but nevertheless a fundamental human right, he said that we need a useful model to start with. We can make a simple model by bounding a triangle with technology, law and values: this gives three sets of tensions to explore.

Law-Technology. It isn’t a simple as saying that law lags technology. In some cases, law attempts to regulate technology directly, sometimes indirectly. Sometimes technology responds against the law (eg, anonymity tools) and sometimes it co-operates (eg, PETs — a point that I thought I might disagree with Michael about until I realised that he doesn’t quite mean the same thing as I do by PETs).

Technology-Values. Technological determinism is wrong, because technology embodies certain values. (with reference to Social Construction of Technology, SCOT). Thus (as I think repressive regimes around the world are showing) it’s not enough to just have a network.

Law-Values, or in other words, jurisprudence, finds courts choosing between different interpretations. This is where Michael got into the interesting stuff from my point of view, because I’m not a lawyer and so I don’t know the background of previous efforts to resolve tensions on this line.

Focusing on that third set of tensions, then, in summary: From Warren and Brandeis’ 1890 definition of privacy as the right to be let alone, there have been more attempts to pick out a particular bundle of rights and call them privacy. Alan Westin‘s 1967 definition was privacy as control: the claims of individuals or groups or institutions to determine for themselves when, how and to what extent information about them is communicated to others.

This is a much better approach than the property right approach, where disclosing or not disclosing, “private” and “public” are the states of data. Think about the example of smart meters, where data outside the home provides information about how many people are in the home, what time they are there and so on. This shows that the public/private, in/out, home/work barriers are not useful for formulating a theory. The alternative that he put forward considers the person, their relationships, their community and their state. I’m not a lawyer so I probably didn’t understand the nuances, but this didn’t seem quite right to me, because there are other dimensions around context, persona, transaction and so on.

The idea of managing the decontextualisation of self seemed solid to my untrained ear and eye and I could see how this fitted with the Westin definition of control, taking on board the point that privacy isn’t property and it isn’t static (because it is technology-dependent). I do think that choices about identity ought, in principle, to be made on a transaction-by-transaction basis even if we set defaults and delegate some of the decisions to our technology and the idea that different persona, or avatars, might bundle some of these choices seems practical.

Michael’s essential point is, then, that a theory of privacy that is formulated by examining definitions, classsifications, threats, descriptions, justifications and concepts around privacy from scratch will be based on the central notion of privacy as control rather than secrecy or obscurity. As a technologist, I’m used to the idea that privacy isn’t about hiding data or not hiding it, but about controlling who can use it. Therefore Michael’s conclusions from jurisprudence connect nicely connect with my observations from technology.

An argument that I introduced in support of his position during the questions draws on previous discussions around the real and virtual boundary, noting that the lack of control in physical space means the end of privacy there, whereas in virtual space it may thrive. If I’m walking down the street, I have no control over whether I am captured by CCTV or not. But in virtual space, I can choose which persona to launch into which environment, which set of relationships and which business deals. I found Michael’s thoughts on the theory behind this fascinating, and I’m sure I’l be returning to them in the future.

These opinions are my own (I think) and presented solely in my capacity as an interested member of the general public [posted with ecto]

Real-time identity

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Naturally, given my obsessions, I was struck by a subset of the Real-Time Club discussions about identities on the web at their evening with Aleks Krotoski. In particular, I was struck by the discussion about multiple identities on the web, because it connects with some work we (Consult Hyperion) have been doing for the European Commission. One point that was common to a number of the discussions was the extent to which identity is needed for, or integral to, online transactions. Generally speaking, I think many people mistake the need for some knowledge about a counterparty with the need to know who they are, a misunderstanding that actually makes identity fraud worse because it leads to identities being shared more widely than they need be. There was a thread to the discussion about children using the web, as there always is in such discussions, and this led me to conclude that proving that you are over (or under) 18 online might well be the acid test of a useful identity infrastructure: if your kids can’t easily figure out a way to get round it, then it will be good enough for e-government, e-business and the like.

I think the conversation might have explored more about privacy vs. anonymity, because many transactions require the former but not the latter. But then there should be privacy rather than anonymity for a lot of things, and there should be anonymity for some things (even if this means friction in a free society, as demonstrated by the Wikileaks storm). I can see that this debate is going to be difficult to organise in the public space, simply because people don’t think about those topics in a rich enough way: they think common sense is a useful guide which, when it comes to online identity, it isn’t.

On a different subject, a key element of the evening’s discussion was whether the use of social media, and the directions of social media technology, lead to more or less serendipity. (Incidentally, did you know that the word “serendipity” was invented by Horace Walpole in 1754?) Any discussion about social media naturally revolves around Facebook.

Facebook is better understood, not as a country, but as a refugee camp for people who feel today’s lack of identity-forging social experience.

[From Facebook: the heart in a heartless world | spiked]

I don’t agree, but I can see the perspective. But I don’t see my kids fleeing into Facebook, I see them using Facebook to multiply and enrich their interpersonal interactions. Do they meet new people on Facebook? Yes, they do. Is that true for all kids, of all educational abilities, of all socio-economic classes, I don’t know (and I didn’t find out during the evening, because everyone who was discussing the issue seemed to have children at expensive private schools, so they didn’t seem like a statistically-representative cross-section of the nation).

Personally, I would come down on the side of serendipity. Because of social media I know more people than I did before, but I’ve also physically met more people than I knew before: social media means that I am connected with people who a geographically and socially more dispersed. I suppose you might argue that its left me less connected with the people who live across the street from me, but then I don’t have very much in common with them.

These opinions are my own (I think) and presented solely in my capacity as an interested member of the general public [posted with ecto]

Masters key

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[Dave Birch] This whole internet thing is getting more and more complicated. I’m trying to work out what government policies toward the internet are, so that I can help our clients to develop sound long-term strategies with respect to digital identity. To do this, we need to understand how the security environment will evolve and what the government’s attitude to security is. Should people be allowed to send data over the internet without interference? The US government thinks so.

Since 2007, Congress has inserted a total of $50 million of earmarks into the State Department’s budget to fund organizations dedicated to fighting Internet censorship.

[From Rebecca MacKinnon: No quick Fixes for Internet Freedom – WSJ.com]

Uh oh. This cannot be popular with people in favour of internet censorship, such as U2’s boss.

U2 manager Paul McGuinness said that the only reason the music industry had tanked over recent years was not because outfits like U2 peddled the same boring crap that they did in the 1980s, but because of the introduction of broadband.

[From Comment: Broadband only useful for pirates – U2 manager screams blue murder | TechEye]

Setting aside the fact that the British music industry earned more money than ever before last year, U2 are totally wrong to expect the rest of society to pay to uphold their business model in face of all technological change. Bono is wasting his time calling for Chinese-style internet censorship in order to maximise record company profits, or at least he is if the US government is going to continue funding the opposition.

China syndrome

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[Dave Birch] What should government policy on identity be? Not specifically our government, or EU governments, or any other government, but governments in general. Or, let’s say, governments in democratic countries. OK, that’s a very big question to tackle. Let’s narrow it down to make a point: what should government policy on the internet be? No, that’s still too big and perhaps to vague. Let’s focus down further on a simple internet question: should the government be allowed to see what is going through the internet tubes. Of course! One of their jobs is to keep me safe from drug-dealing Nazi terrorist child pornographers who formulate devilish plots with the aid of the web.

According to reports, the FBI is asking for the authority to require all Internet communications platforms build in a “backdoor” allowing law enforcement easy wiretapping access

[From Should Government Mandate “Backdoors” for Snooping on the Internet? | Center for Democracy & Technology]

In parallel, the FBI is talking to technology companies about how they could be making it easier for criminals to see your credit card details and for the government to read to your e-mail.

Robert S. Mueller III, the director of the Federal Bureau of Investigation, traveled to Silicon Valley on Tuesday to meet with top executives of several technology firms [including Google and Facebook] about a proposal to make it easier to wiretap Internet users.

[From F.B.I. Seeks Wider Wiretap Law for Web – NYTimes.com]

This, superficially, sounds likes a good idea. Who could object? We don’t want the aforementioned Nazi drug-dealing child pornographers plotting terrorist acts using the interweb tubes with impunity. No right-thinking citizen could hold another view. But hold on…

In order to comply with government search warrants on user data, Google created a backdoor access system into Gmail accounts. This feature is what the Chinese hackers exploited to gain access.

[From U.S. enables Chinese hacking of Google – CNN.com]

It’s not that simple, is it? If you create a stable door, then sooner or later you will find yourself bolting it long after the horse has had it’s identity stolen. What I can’t help but wonder about in this context is whether the content actually matters: suppose you can’t read my e-mail, but you can see that a lot of mail addressed to Osama bin Laden is coming from my house? Surely that would be enough to put me under suspicion and trigger some other law enforcement and intelligence activity?

Tripped up

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[Dave Birch] Many people have a real problem with the apparently anonymous nature of the interweb. I say “apparently” because, of course, unless you work really hard at it and really understand how the internet works, and really understand how your PC works, and really plan it carefully, you’re not really anonymous in the proper sense of the word.

Our sense of anonymity is largely an illusion. Pretty much everything we do online, down to individual keystrokes and clicks, is recorded, stored in cookies and corporate databases, and connected to our identities, either explicitly through our user names, credit-card numbers and the IP addresses assigned to our computers, or implicitly through our searching, surfing and purchasing histories.

[From The Great Privacy Debate: The Dangers of Web Tracking – WSJ.com]

I’m surprised that politicians, in particular, who keep going on about how terrible internet anonymity is, don’t understand a little more about the dynamics of the problem. If they did, they would realise that anonymity isn’t what it seems.

You might think, after enough major stories about “IP addresses” hit the news wires, everyone in political life would be aware that “anonymity” on the Internet is limited.

But someone in Sen. Saxby Chambliss’ (R-GA) office didn’t get the memo. In the aftermath of this week’s failed vote on the military’s “don’t ask, don’t tell” policy, someone named “Jimmy” registered an account at the gay news blog Joe.My.God. just to say, “All Faggots must die.”

[From Outed! Senate staffers, anti-gay slurs, and IP addresses]

In the general case, you are not anonymous on the interweb, but economically-anonymous, which I propose to label “enonymous”, and that’s not the same thing at all. If you threaten to kill the President, you will be tracked down, and the state will spend the money it takes on it. But if you call Lily Allen a a hereditary celebrity and copyright hypocrite (not my own views, naturally) then it’s not worth the state’s money to track you down. If Lily wants to spend her own money on tracking you down and taking a civil action for libel, then fair enough, that’s the English way of limiting free speech. If the newspapers want to spend their own money on it, fine. For issues of great national interest, such as spurious death threats to the nation’s sweetheart, Cheryl Cole, The Sun can step in.

Yesterday The Sun traced the sender of a chilling anti-Cheryl message that blasted her over Zimbabwean Gamu’s TV exit. Wannabe rapper Sanussi Ngoy Ebonda, 20, admitted penning the sinister rant, which accused Cheryl of “da biggest mistake of your life” and included a threat to attack other girls sharing her name.

[From Cheryl Cole boosts security at mansion | The Sun |Showbiz|TV|X Factor]

So even though there’s precious little anonymity, should we allow enonymity to be the norm? There are plenty of people who think not, and they’re not all English libel lawyers. Surely common sense is on their side? Isn’t it wrong to let people hide behind pretend names?

Let’s focus on a specific and straightforward example. The comment pages on newspaper, magazine and other media web sites. Many such sites require registration but are still essentially enonymous. Is it right that enonymous commenters can say bad things about celebrities, politicians, business leaders? Would people be as horrible about public figures if they were forced to identify themselves?

Would the online debate among commenters be stifled by requiring commenters to sign their real names?

[From What did you say your name was? | Analysis & Opinion |]

The Chinese government certainly hope so.

China is considering measures to force all its 400m internet users to register their real names before making comments on the country’s myriad chat-rooms and discussion forums, in a further sign of tightening controls on freedom of speech.

[From China to force internet users to register real names – Telegraph]

We already know this doesn’t work, incidentally, because the Chinese already tried this for Internet cafes, supposedly to deal with the problem of young people spending too much time in virtual worlds. The only result was an instant, and profitable, black market in ID card numbers, whereby kids would get the ID numbers of people who weren’t going to play in cybercafes (eg, their grandparents) and used them to log in instead of using their own. There was an alignment of economic incentives here, because the cybercafes would not make money by turning people away.

Cafés that did not ask for identification often still had a registration book at the front desk, in which staff members were seen to write apparently random identification numbers and names during their free time.

[From HRIC | 中国人权]

Incidentally, another large and well-known country closely associated with our economic future (albeit a virtual one) has just abandoned plans to try and force Chinese-style real-name registration after a revolt by citizens (well, subscribers):

Blizzard has reversed a controversial decision that would have forced thousands of Starcraft and World of Warcraft (WoW) players to use their real names on the company’s online forums

[From Blizzard stands down over forum controversy | TG Daily]

I simply would not allow my kids to log in with their real names. I’m happy for them to log in using one of their multiple e-mail addresses. They’ve had pseudonymous e-mail addresses since they were old enough to go online. This isn’t just paranoia about people grooming children for sexual exploitation (the UK takes this kind of thing very seriously) and such like. There are lots of really good reasons for not wanting to use your identity in online debate and comment. I wrote once before about being shocked by some hate e-mails I received when I once posted some comments in a discussion about interest rates (“interest is the work of the devil”, “we know how you are” etc etc). Now, I still enjoy participating in online debates, but do so pseudonymously: my friends know who I am.

That, incidentally, may not be much of a protection, because the mapping of social graphs can soon locate you within a group of friends even if none of those friends disclose who you are. A determined third-party can learn very interesting things from those graphs and, unless everyone is anonymous or pseudonymous under certain conditions, figure out who you are.

Iran appears to be in two minds about whether to embrace or stymie technological progress. On the one hand, Twitter accounts helped the opposition mobilise demonstrations in the wake of last year’s contested presidential election… On the other hand, by monitoring Twitter traffic, Tehran was able to identify who was organising the protests.

[From FT.com / FT Magazine – Who controls the internet?]

As I’ve said before, in cyberspace no-one knows you’re a dog, but no-one knows you’re from the FBI either. Thus our government, the US government and many others are caught in two minds, just as the Iranians are. On the one hand, they are supposed to be in favour of free speech, but on the other hand, well, you know Danish cartoonists, criminals, child pornographers, terrorists, enemies of the state, dissidents, apostates etc.

Now, maybe you don’t care. You’re “not doing anything wrong.” Well, Hoder wasn’t doing anything wrong when he went to Israel and blogged about it in Farsi. But he’s serving 20 years in jail in Iran.

[From Emergent Chaos » Blog Archive » AT&T, Voice Encryption and Trust]

But back to online commenting in our democracy. It’s not a simple issue, and “common sense” is not a good guide to anything in the virtual world, but it is clearly the case that in that virtual world some people behave inappropriately. You only have to read The Guardian newspapers online “Comment is Free” or Guido Fawkes, the UK’s top political blog, to see how appalling, disgusting, racist, misogynist, anti-semitic and just plain thick the general public can be. I am one of those old-fashioned liberals who thinks that the response to bad free speech should be more free speech, not less. I think we should be wary about limiting the anonymity of people who comment online, even if we could think of a way of doing so.

The Nazareth District Court has upheld the right of the Walla Web portal to refuse to hand over the IP addresses of commenters accused of defaming a journalist.

“The good of online anonymity outweighs the bad, and it must be seen as a byproduct of freedom of speech and the right to privacy,” Judge Avraham Avraham wrote in his ruling last week.

The court also said the critical remarks concerning Yedioth Ahronoth reporter Israel Moskovitz, posted online in 2008, were unlikely to harm his reputation since they were poorly written and appeared only once, and readers were not likely to take them seriously.

[From Uphold talkbacker’s anonymity in defamation trial, court says – Haaretz – Israel News ]

Actually, for journalists to complain about online comments, criticism and even abuse is a tiny bit worrying, since their business depends on such.

It doesn’t take long to find articles on CNN that quote anonymous officials. For them to rage against “cowards” who won’t stand behind what they say, and then to regularly quote “anonymous” sources, seems pretty damn hypocritical. Phillips claims anonymity online is “very unfair.” Phillips also attacks the media for “giving anonymous bloggers credit or credibility.” But again, CNN quotes all kinds of anonymous sources all the time.

[From CNN Claims ‘Something Must Be Done’ About Anonymous Bloggers | Techdirt]

On balance, then, I think a free society not only permits certain kinds of anonymity but actually depends on them, because we need informed and honest public debate to function properly. This was well-put in the Washington Post recently.

For every noxious comment, many more are astute and stimulating. Anonymity provides necessary protection for serious commenters whose jobs or personal circumstances preclude identifying themselves. And even belligerent anonymous comments often reflect genuine passion that should be heard.

[From Andrew Alexander – Online readers need a chance to comment, but not to abuse]

I couldn’t agree more. However, as the Post goes on to note, we have to recognise that people can be pretty horrible and we need a way to deal with that. Not banning anonymity, but managing the anonymousness (if there is such a word) in a better way.

The solution is in moderating — not limiting — comments. In a few months, The Post will implement a system that should help. It’s still being developed, but Straus said the broad outlines envision commenters being assigned to different “tiers” based on their past behavior and other factors. Those with a track record of staying within the guidelines, and those providing their real names, will likely be considered “trusted commenters.” Repeat violators or discourteous agitators will be grouped elsewhere or blocked outright. Comments of first-timers will be screened by a human being.

[From Andrew Alexander – Online readers need a chance to comment, but not to abuse]

This — in essence, baby steps toward a reputation economy — could be toughened up by using better identity infrastructure, but it’s not a bad place to start. But there are areas where the better infrastructure is more of a priority. Newspaper comments are one thing, but there are businesses that depend on online comments, and a good example is the burgeoning group review sector.

It’s always, always the same

Greyscale backing image
[Dave Birch] One of the reasons why a digital identity infrastructure ought to be more than just building a big database of everyone and then letting everyone have access to it is that the infrastructure will inevitably be abused by those on the inside, no matter how much effort goes into keeping out the bad guys on the outside.

Missouri Citibank employee Brandon Wyatt… accused of tapping Citibank's computers for customer information, then using it to set up checking accounts online with competing banks, including Bank of America, Washington Mutual and AmTrust. Wyatt allegedly wire transferred customer funds from Citibank to the new accounts, then cashed them out with additional transfers, checks, debit card purchases and ATM withdrawals. His take, according to federal prosecutors in St. Louis, was at least $380,000.

[From Fed Blotter: Citibank Worker Allegedly Plunders Customer Accounts | Threat Level from Wired.com]

It's hard to see how you can stop this from happening completely in an economic way, but what you can do is make sure that there is an audit trail so that someone how decides to have a go at this kind of fraud has a reasonable expectation of being caught. Although I have to say that armed bank robbers have a reasonable expectation of being caught (and a reasonable expectation of a long sentence if they are caught) but they still do it. Anyway, my point is that if you take people personal data and put it in a honeypot, there is only one outcome. A database is not an infrastructure.

That’ll do nicely

Greyscale backing image
[Dave Birch] Some time ago, I pointed out that aggressive retailers might use ID cards to cut payment schemes out of the transaction loop, by using ID cards as payment tokens and using the ACH network rather than Visa or MasterCard and I subsequently wrote a piece on this for Electronic Finance & Payments Law & Policy. Having been thinking about this and other implications of the introduction of a national ID card scheme, I was surprised to hear from a bank that I was talking to that they had no strategy on the UK ID card (despite the fact that the first cards have already been issued) and no plans to develop a strategy. Now, on the one hand this is understandable, since the UK cards don't do much and there are no readers for them anyway, but on the other hand it may be unwise if other people are developing strategies that may impact banking.

As I have long been advising our clients in the payment space, there will be inevitable implications for retail payments businesses once a national ID card is in place.

[From Digital Identity Forum: Paying for identity]

Retailers want business change, not just lower fees, and has been discussed over on Digital Money, retailers may well be the key stakeholder group when it comes to developing new payment schemes for use at retail POS. Now, a barrier to their competing with existing card schemes themselves has been the cost of issuing and managing secure smart cards or other tokens. But if the government is going to do it for them, then they may as well exploit it. I can easily imagine taking my ID card and a blank cheque down to Tesco, putting them both into a machine and punching in my PIN. Then, next time I go shopping, I punch my PIN into the keypad at the checkout lane, wave my ID card over a reader and then go on my way. This kind of the service has already begun to spring up in the U.S.A., in response to the issuing of “Real ID”drivers’ licences which have machine readable magnetic stripes that can be read at POS terminals. A company called National Payment Card (NPC) has begun to exploit the opportunity, by getting customers to register their bank details and a PIN against their licence. This means that customers can then pay for fuel by swiping their licenses at petrol stations and entering a PIN. A similar national scheme has just launched in Malaysia, where one of the leading banks has begun installing kiosks where customers can use their bank chip card and the MyKad ID card (without biometric authentication) together to link the ID card with the bank account automatically:

Consumers will have to open either a savings or a current account with EON Bank, which is the only bank providing payment transactions through the MyKad at the moment.

[From Buy fuel with your MyKad]

The scheme is targeting the fuel sector in the first instance and has signed up all Caltex and BHP filling stations, so that customers can fill up and they pay at the pump with their ID card. Since the margins on fuel are thin, the sector has every incentive to cut payment schemes out of the loop and move to direct bank transfer via ACH. I wonder if they even bother to authorise the transactions: after all, if you try to cheat them by presenting the ID card when you have no money in the bank, they have your ID details and I imagine you'll be hotlisted pretty quickly.

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