jay stanley senior policy analyst speech, privacy and technology program editor, free future blog...

Jay Stanley

Senior Policy Analyst

Speech, Privacy and Technology Program

Editor, Free Future blog

jstanley@aclu.org

202-715-0818

The Future of Our Privacy

I. THE CHALLENGE TO OUR PRIVACY

The challenge to our privacy:

Technology revolution

A burgeoning security

establishment

Profit Motives

The challenge to our privacy:

Technology revolution

A burgeoning security

establishment

Profit Motives

Change at light speed

“Disruptive technologies”

Smart grid

DNA

Video surveillance

Video Surveillance: a new era

Face recognition

Iris recognition

Behavioral analytics

License plate recognition

Location-tracking

The ultimate in location tracking:

Drones

Advanced imaging technologies

 The Ultimate Example:Total Information Awareness

NYC/Microsoft “Domain Awareness System”

Meanwhile: Moore’s Law

Charts: Zoomer Magazine, Computer Measurement Group

The Future of Moore’s Law

Intel Core i7-2600 Processor:

$294.99 on Newegg

The Future of Moore’s Law

Today: $294.99

The Future of Moore’s Law

Today: $294.99 In 20 years: $0.03

The Future of Moore’s Law

Also following Moore’s Law20 years: 1,000-32,000x today’s power

Faster, cheaper – and smarter

Hans Moravec: 2020s

In whose interest?

How will AI be used?

Are we ready for all this?

The challenge to our privacy:

Technology revolution

A burgeoning security

establishment

The Security State

• NSA: 30,000 employees

• CIA: 20,000 employees

• Others: many more• Overall IC: at least

$57 billion• Oversight? Not

much. • FBI: 33,000

Swinging the telescope inward

FISA Amendments Act of 2008

General Warrants. No specificity required. (All US-London traffic?)

Little judicial oversight. FISA court only reviews the government’s “targeting” and “minimization.” No role overseeing actual use of surveillance power.

No limits on use of data. Huge databases, stored forever, shared with anyone, re-used for any purpose.

Domestic e-mails included. Location uncertain? Go ahead!

Immunity for lawbreakers. Don’t try this at home!

Cybersecurity

The challenge to our privacy:

Technology revolution

A burgeoning security

establishment

Profit Motives

Internet advertising

Internet advertising

Data brokers & “big data”

www.aclu.org/surveillance

An emerging surveillance-industrial complex

Recruiting or pressing private companies into service

Lobbying by companies for more surveillance

Partnerships with data companies

Many options for accessing private data

1. Ask for data to be shared voluntarily

2. Simply buy information

3. Demand it using legal powers

4. “Bake in” surveillance

5. Create regularized systems for standing access to records of private activities

Are we ready for all this?

Jurisprudence off-track

Reasonable expectation” standard

Third-party doctrine

Arbitrary situation

Congress isn’t keeping up either:

Just a few things have changed since ECPA drafted in 1986…1990: World Wide Web created

1994: Yahoo & Amazon founded

1998: Google founded

2004: Facebook launched

Lifecycle of an emailUnopened

> 180 days

< 180 days Warrant

Subpoena or 2703(d) with notice

Opened

Header info

Basic subscriber info (name, address, connection records, etc)

Subpoena or 2703(d) NO notice req’d

And email was one of the specific technologies that existed in 1986!

What about…

Search

Location-based services

Cloud Computing

FISA Amendments Act

How this plays forward

1. Behavior changes

Human are social animals

Constantly monitoring, finely aware of how we’re perceived by those around us

That means privacy gaps rarely last

Lag time in privacy awareness

Chilling Effects:The Facebook “blandification” effect

Chilling effects can also be spurred by many technologies

• Surveillance cameras

• Government eavesdropping

• Offline data collection

How this plays forward

1. Behavior changes

How this plays forward

1. Behavior changes

2. Law/practice changes

Where we just find invasions intolerable and change the world

to end them

• ECPA reform• Commercial privacy regulation• Drone regulation

ACLU in the courts

• NSA spying

ACLU in the courts

• National Security Letters

ACLU in the courts

• Cell phone location data

ACLU in the courts

• Laptops at the border

How this plays forward

1. Behavior changes

2. Law/practice changes

How this plays forward

1. Behavior changes

2. Law/practice changes

3. Expectations change

Public-private boundary

The homeCampaign donations

Real estate transactions

Professional confidences

Marriage

Arrests

Video rental records

License Plates

Public-private boundary

The homeCampaign donations

Real estate transactionsProfessional confidences

Marriage

Arrests

Video rental records

License Plates

Public-private boundary

The homeCampaign donations

Real estate transactionsProfessional confidences

Marriage

Arrests

Video rental records

License Plates

How this plays forward

1. Behavior changes

2. Law/practice changes

3. Expectations change

How this plays forward

1. Behavior changes

2. Law/practice changes

3. Expectations change

4. Things just get worse

III. WHAT MUST BE DONE?

What Must Be Done?

1. Enact comprehensive privacy laws

What Must Be Done?

2. Enact technology-specific privacy laws

What Must Be Done?

3. Create institutions to enforce privacy laws

What Must Be Done?

4. Revive the 4th Amendment

Jay Stanley

Speech, Privacy and Technology Program

Free Future blog: www.aclu.org/freefuture

jstanley@aclu.org

202-715-0818

Contact info:

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