Mike German, ACLU policy counsel and former FBI agent, was recently on Reason.tv discussing domestic surveillance in post-9/11 America. German covers the U.S. government’s growing interest in collecting personal data, the development of data fusion centers, and the erosion of existing privacy protections.
Speaking specifically about the 4th Amendment, Brown explains:
The way the 4th Amendment protections work with your personal papers, requires probable cause and a warrant before the government can search your desk to look through your papers. Unfortunately, now most of our personal papers are kept on 3rd party servers. It’s our email that’s stored remotely. Every thought that we have we hit the search engines to find out more about the subject we’re thinking bout. All that gets recorded by 3rd parties, and that information doesn’t have the same 4th Amendment protections.
The hypocrisy is extraordinary. For decades the U.S. government has extended and enhanced intellectual property protections. The rationale has been that the laws governing property ownership in the physical environment must also apply in the digital environment. Downloading a Beatles album from Pirate Bay is treated the same as shoplifting a Beatles album from Walmart. But, when it comes to personal property in the digital environment (i.e. your data) we see an erosion of what little protections existed in the physical environment. In short: protect intellectual property, collect personal data.
About a year ago MediaNews Group, publisher of 40 newspapers, signed a deal with Righthaven, a law firm. The deal allowed Righthaven to file copyright infringement lawsuits on MediaNews Group’s behalf in exchange for 50% of any settlement/verdict. Now, MediaNews Group has decided to part ways with Righthaven and John Paton, the chief executive of MediaNews Group, is quoted in Wired as saying:
“The issues about copyright are real … But the idea that you would hire someone on an — essentially — success fee to run around and sue people at will who may or may not have infringed as a way of protecting yourself … does not reflect how news is created and disseminated in the modern world … I come from the idea that it was a dumb idea from the start.” (emphasis added)
The idea that one could monetize news content (or any other content) by restricting its circulation and suing individual bloggers was always a dubious one. The RIAA and many other organizations that took this approach previously now appear to be abandoning it. And, as the Wired article also notes, Righthaven has lost a string of its lawsuits over the question of whether it even has the right to sue over copyright infringement when they are not the actual copyright holder.
> From the article: “A Google-funded institute in Berlin to study the internet’s impact on society is starting to take shape, with the US tech giant company announcing on Monday it would invest €4.5 million ($6.3 million) in the project.”
In preparation for the 2011 Graduate Center-Humboldt University Summer Seminar that I’ll be participating in, I thought it would useful to take stock of some of the recent informational happenings in Germany:
Germany is now the largest market for video games in Europe, driven primarily by German interest in the Wii Fit (more …).
German laws banning the distribution of photos of people or their property without their permission is forcing Google to modify its StreetView functionality before its launch in Germany (more …).
A number of German states, led by Lower Saxony, are now trying to prevent web services such as Amazon, Facebook, or Google from aggregating and sharing visitor information without the explicit consent of the visitor (more …).
Facebook has grown by 260% in Germany over just the past year and Germany is now the 18th largest country in Facebook with over 2M members. However, Facebook still remains much smaller in Germany than the Berlin-based StudiVZ social network which boasts over 13M members (more …).
A Hamburg court has ruled that YouTube can be held liable for damages when it hosts copyright-protected material without permission (more …).
Dead Drops — an anonymous, offline, p2p file-sharing network in public space — has been established by Berlin based media artist Aram Bartholl. Dead Drops embeds USB flash drives into walls, buildings and curbs in public space, allowing anyone to plugin their laptop to share their favorite files and data (more …). h/t jgieseking
This is, but of course, a very small sample of recent happenings. Hopefully I’ll have more to report post-seminar.
Here’s some background: AT&T over-prices some of the equipment it was selling to schools (schools!). The FCC investigates. AT&T’s competitors file a FoIA to make the investigation’s findings public. AT&T claims the FoIA request is a violation of their personal privacy. The SCOTUS denies their right to personal privacy. AT&T and other corporations join the ranks of the rest of us “persons” who are given no right to personal privacy in the US.
It’s worth remembering that this is the very same AT&T that denies their own customers a right to personal privacy. From SFGate.com, waaaaaay back in 2006:
AT&T has issued an updated privacy policy that takes effect Friday … The new policy says that AT&T — not customers — owns customers’ confidential info and can use it “to protect its legitimate business interests, safeguard others, or respond to legal process.”
The policy also indicates that AT&T will track the viewing habits of customers of its new video service — something that cable and satellite providers are prohibited from doing … The company’s policy overhaul follows recent reports that AT&T was one of several leading telecom providers that allowed the National Security Agency warrantless access to its voice and data networks as part of the Bush administration’s war on terror.
GTD is an Associate Professor in the Department of Communication and Media Studies and an affiliate faculty member of the New Media and Digital Design Program at Fordham University. He is also a founding coordinator of the Fordham Digital Scholarship Consortium and co-chair of the Mapping (In)Justice Symposium: Digital Theory and Praxis for Critical Scholarship. Donovan’s […]
– “Mapping (In)Justice Symposium: Digital Theory and Praxis for Critical Scholarship” – Symposium schedule (Nov 7-9, 2019), participant bios, and proceedings of the symposium. – “Databite No. 78: Remixing Modes of Knowing and Belonging in the Urban Platform” – Recording of April 2016 Databite Talk at Data & Society Research Institute. – “Making the Dissertation […]
