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Privacy: In the analog world of our parents, as an ordinary citizen and not under surveillance because of being a suspect of a crime, it was taken for granted that you could walk around a city without authorities tracking you at the footstep level. Our children don’t have this right anymore in their digital world.

Not even the dystopias of the 1950s — Nineteen Eighty-Four, Brave New World, Colossus, and so on, managed to dream up the horrors of this element: the fact that every citizen is now carrying a governmental tracking device. They’re not just carrying one, they even bought it themselves. Not even Brave New World could have imagined this horror.

It started out innocently, of course. It always does. With the new “portable phones” — which, at this point, meant something like “not chained to the floor” — authorities discovered that people would still call the Emergency Services number (112, 911, et cetera) from their mobile phones, but not always be capable of giving their location themselves, something that the phone network was now capable of doing. So authorities mandated that the phone networks be technically capable of always giving a subscriber’s location, just in case they would call Emergency Services. In the United States, this was known as the E911 regulation (“Enhanced 9-1-1”).

This was in 2005. Things went bad very quickly from there. Imagine that just 12 years ago, we still had the right to roam around freely without authorities being capable of tracking our every footstep – this was no more than just over a decade ago!

Before this point, governments supplied you with services so that you would be able to know your location, as had been the tradition since the naval lighthouse, but not so that they would be able to know your location. There’s a crucial difference here. And as always, the first breach was one of providing citizen services — in this case, emergency medical services — that only the most prescient dystopians would oppose.

What’s happened since?

Entire cities are using wi-fi passive tracking to track people at the individual, realtime, and sub-footstep level in the entire city center.

Train stations and airports, which used to be safe havens of anonymity in the analog world of our parents, have signs saying they employ realtime passive wi-fi and bluetooth tracking of everybody even coming close, and are connecting their tracking to personal identifying data. Correction: they have signs about it in the best case but do it regardless.

People’s location are tracked in at least three different… not ways, but categories of ways:

Active: You carry a sensor of your location (GPS sensor, Glonass receiver, cell tower triangulator, or even visual identifier through the camera). You use the sensors to find your location, at one point in time or continuously. The government takes itself the right to read the contents of your active sensors.

Passive: You take no action, but are still transmitting your location to the government continuously through a third party. In this category, we find cell tower triangulation as well as passive wi-fi and bluetooth tracking that require no action on behalf of a user’s phone other than being on.

Hybrid: The government finds your location in occasional pings through active dragnets and ongoing technical fishing expeditions. This would not only include cellphone-related techniques, but also face recognition connected to urban CCTV networks.

Privacy of location is one of the Seven Privacies, and we can calmly say that without active countermeasures, it’s been completely lost in the transition from analog to digital. Our parents had privacy of location, especially in busy places like airports and train stations. Our children don’t have privacy of location, not in general, and particularly not in places like airports and train stations that were the safest havens of our analog parents.

How do we reinstate Privacy of Location today? It was taken for granted just 12 years ago.

Privacy: Our analog parents had the right to meet whomever they liked, wherever they liked, and discuss whatever they liked, without the government knowing. Our digital children have lost this, just because they use more modern items.

For a lot of our digital children’s activities, there’s no such thing as privacy anymore, as they naturally take place on the net. For people born 1980 and later, it doesn’t make sense to talk of “offline” or “online” activities. What older people see as “people spending time with their phone or computer”, younger see as socializing using their phone or computer.

This is an important distinction that the older generation tends to not understand.

Perhaps this is best illustrated with an anecdote from the previous generation again: The parents of our parents complained that our parents were talking with the phone, and not to another person using the phone. What our parents saw as socializing (using an old analog landline phone), their parents in turn saw as obsession with a device. There’s nothing new under the sun.

(Note: when I say “digital children” here, I am not referring to children as in young people below majority age; I am referring to the next generation of fully capable adult professionals.)

This digital socializing, however, can be limited, it can be… permissioned. As in, requiring somebody’s permission to socialize in the way you and your friends want, or even to socialize at all. The network effects are strong and create centralizing pressure toward a few platforms where everybody hang out, and as these are private services, they get to set any terms and conditions they like for people assembling and socializing – for the billions of people assembling and socializing there.

Just as one example to illustrate this: Facebook is using American values for socializing, not universal values. Being super-against anything even slightly naked while being comparatively accepting of hate speech is not something inherently global; it is strictly American. If Facebook had been developed in France or Germany instead of the US, any and all nudity would be welcomed as art and free-body culture (Freikörperkultur) and a completely legitimate way of socializing, but the slightest genocide questioning would lead to an insta-kickban and reporting to authorities for criminal prosecution.

Therefore, just using the dominant Facebook as an example, any non-American way of socializing is effectively banned worldwide, and it’s likely that people developing and working with Facebook aren’t even aware of this. But the Freedom of Assembly hasn’t just been limited in the online sphere, but also in the classic analog offline world where our analog parents used to hang out (and still do).

Since people’s locations are tracked, as we saw in the previous post, it is possible to match locations between individuals and figure out who was talking to whom, as well as when and where this happened, even if they were only talking face to face. As I’m looking out my window from the office writing this piece, it just so happens that I’m looking at the old Stasi headquarters across from Alexanderplatz in former East Berlin. It was a little bit like Hotel California; people who checked in there tended to never leave. Stasi also tracked who was talking to whom, but required a ton of people to perform this task manually, just in order to walk behind other people and photograph whom they were talking to — and therefore, there was an economic limit to how many people could be tracked like this at any one time before the national economy couldn’t sustain more surveillance. Today, that limit is completely gone, and everybody is tracked all the time.

Do you really have Freedom of Assembly, when the fact that you’ve associated with a person — indeed, maybe just spent time in their physical proximity — can be held against you?

I’m going to illustrate this with an example. In a major leak recently, it doesn’t matter which one, a distant colleague of mine happened to celebrate a big event with a huge party in near physical proximity to where the documents were being copied at the same time, completely unaware and by sheer coincidence. Months later, this colleague was part of journalistically vetting those leaked documents and verifying their veracity, while at this time still unaware of the source and that they had held a big party very close to the origin of the documents.

The government was very aware of the physical proximity of the leak combined with this person’s journalistic access to the documents, though, and issued not one but two arrest-on-sight warrants for this distant colleague based on that coincidence. They are now living in exile outside of Sweden, and don’t expect to be able to return home anytime soon.

Privacy, including Privacy of Location, remains your own responsibility.

Privacy: “Everything you say or do can and will be used against you, at any point in the far future when the context and agreeableness of what you said or did has changed dramatically.” With the analog surveillance of our parents, everything was caught in the context of its time. The digital surveillance of our children saves everything for later use against them.

It’s a reality for our digital children so horrible, that not even Nineteen Eighty-Four managed to think of it. In the analog surveillance world, where people are put under surveillance only after they’ve been identified as suspects of a crime, everything we said and did was transient. If Winston’s telescreen missed him doing something bad, then it had missed the moment and Winston was safe.

The analog surveillance was transient for two reasons: one, it was assumed that all surveillance was people watching other people, and two, that nobody would have the capacity of instantly finding keywords in the past twenty years of somebody’s conversations. In the analog world of our parents, that would mean somebody would need to actually listen to twenty years’ worth of tape recordings, which would in turn take sixty years (as we only work 8 out of 24 hours). In the digital world of our children, surveillance agencies type a few words to get automatic transcripts of the saved-forever surveillance-of-everybody up on screen in realtime as they type the keywords – not just from one person’s conversation, but from everybody’s. (This isn’t even exaggerating; this was reality in or about 2010 with the GCHQ-NSA XKEYSCORE program.)

In the world of our analog parents, surveillance was only a thing at the specific time it was active, which was when you were under individual and concrete suspicion of a specific, already-committed, and serious crime.

In the world of our digital children, surveillance can be retroactively activated for any reason or no reason, with the net effect that everybody is under surveillance for everything they have ever done or said.

We should tell people as it has become instead; “anything you say or do can be used against you, for any reason or no reason, at any point in the future”.

The current generation has utterly failed to preserve the presumption of innocence, as it applies to surveillance, in the shift from our analog parents to our digital children.

This subtle addition – that everything is recorded for later use against you – amplifies the horrors of the previous aspects of surveillance by orders of magnitude.

Consider somebody asking you where you were on the evening of March 13, 1992. You would, at best, have a vague idea of what you did that year. (“Let’s see… I remember my military service started on March 3 of that year… and the first week was a tough boot camp in freezing winter forest… so I was probably… back at barracks after the first week, having the first military theory class of something? Or maybe that date was a Saturday or Sunday, in which case I’d be on weekend leave?” That’s about the maximum precision your memory can produce for twenty-five years past.)

However, when confronted with hard data on what you did, the people confronting you will have an utter and complete upper hand, because you simply can’t refute it. “You were in this room and said these words, according to our data transcript. These other people were also in the same room. We have to assume what you said was communicated with the intention for them to hear. What do you have to say for yourself?”

It doesn’t have to be 25 years ago. A few months back would be sufficient for most memories to be not very detailed anymore.

To illustrate further: consider that the NSA is known to store copies even of all encrypted correspondence today, on the assumption that even if it’s not breakable today, it will probably be so in the future. Consider what you’re communicating encrypted today — in text, voice, or video — can be used against you in twenty years. You probably don’t even know half of it, because the window of acceptable behavior will have shifted in ways we cannot predict, as it always does. In the 1950s, it was completely socially acceptable to drop disparaging remarks about some minorities in society, which would socially ostracize you today. Other minorities are still okay to disparage, but might not be in the future.

When you’re listening to somebody talking from fifty years ago, they were talking in the context of their time, maybe even with the best of intentions by today’s standards. Yet, we could judge them harshly for their words interpreted by today’s context — today’s completely different context.

Our digital children will face exactly this scenario, because everything they do and say can and will be used against them, at any point in the future. It should not be this way. They should have every right to enjoy Analog Equivalent Privacy Rights.

When our analog parents searched for information, that activity took place in libraries, and that was one of the most safeguarded privacies of all. When our digital children search for information, their innermost thoughts are instead harvested wholesale for marketing. How did this happen?

If you’re looking at one particular profession of the analog world that was absolutely obsessed with the privacy of its patrons, it was the librarians. Libraries were where people could search for their darkest secrets, were it literature, science, shopping, or something else. The secrecy of libraries were downright legendary.

As bomb recipes started appearing on the proto-Internet in the 1980s — on so-called BBSes — and some politicians tried to play on moral panics, many of common sense were quick to point out, that these “text files with bomb recipes” were no different than what you would find in the chemistry section of a mediocre-or-better library — and libraries were sacred. There was no moral panic to play on as soon as you pointed out that this was already available in every public library, for the public to access anonymously

So private were libraries, in fact, that librarians were in collective outrage when the FBI started asking libraries for records of who had borrowed what book – and that’s how the infamous warrant canaries were invented. Yup, by a librarian, protecting the patrons of the library. Librarians have always been the profession defending privacy rights the hardest – in the analog as well as the digital.

In the analog world of our parents, their Freedom of Information was sacramount: their innermost thirst for learning, knowledge, and understanding. In the digital world of our children, their corresponding innermost thoughts are instead harvested wholesale and sold off to market trinkets into their faces.

It’s not just what our digital children successfully studied that’s up for grabs. In the terms of our analog parents, it’s what they ever went to the library for. It’s what they ever considered going to the library for. In the world of our digital children, everything they searched for is recorded — and everything they thought of searching for but didn’t.

Think about that for a moment: something that was so sacred for our analog parents that entire classes of professions would go on strike to preserve it, is now casually used for wholesale marketing in the world of our digital children.

Combine this with the previous article about everything you do, say, and think being recorded for later use against you, and we’re going to need a major change in thinking on this very soon.

There is no reason our children should have less Freedom of Information just because they happen to live in a digital environment, as compared to the analog environment of our parents. There is no reason our digital children shouldn’t enjoy Analog Equivalent Privacy Rights.

Of course, it can be argued that the Internet search engines are private services who are free to offer whatever services they like on whatever terms they like. But there were private libraries in the analog world of our parents, too. We’ll be returning to this “it’s private so you don’t have a say” concept a little later in this series.

Privacy remains your own responsibility.

Privacy: Ross Ulbricht handed in his appeal to the U.S. Supreme Court last week, highlighting an important Analog Equivalent Privacy Right in the process: Just because you’re using equipment that makes a third party aware of your circumstances, does that really nullify any expectation of privacy?

In most constitutions, there’s a protection of privacy of some kind. In the European Charter of Human Rights, this is specified as having the right to private and family life, home, and correspondence. In the U.S. Constitution, it’s framed slightly differently, but with the same outcome: it’s a ban for the government to invade privacy without good cause (“unreasonable search and seizure”).

U.S. Courts have long held, that if you have voluntarily given up some part of your digitally-stored privacy to a third party, then you can no longer expect to have privacy in that area. When looking at analog equivalence for privacy rights, this doctrine is atrocious, and in order to understand just how atrocious, we need to go back to the dawn of the manual telephone switchboards.

At the beginning of the telephone age, switchboards were fully manual. When you requested a telephone call, a manual switchboard operator would manually connect the wire from your telephone to the wire of the receiver’s telephone, and crank a mechanism that would make that telephone ring. The operators could hear every call if they wanted and knew who had been talking to whom and when.

Did you give up your privacy to a third party when using this manual telephone service? Yes, arguably, you did. Under the digital doctrine applied now, phonecalls would have no privacy at all, under any circumstance. But as we know, phonecalls are private. In fact, the phonecall operators were oathsworn to never utter the smallest part of what they learned on the job about people’s private dealings — so seriously was privacy considered, even by the companies running the switchboards.

Interestingly enough, this “third-party surrender of privacy” doctrine seems to have appeared the moment the last switchboard operator left their job for today’s automated phone-circuit switches. This was as late as 1983, just at the dawn of digital consumer-level technology such as the Commodore 64.

This false equivalence alone should be sufficient to scuttle the doctrine of “voluntarily” surrendering privacy to a third party in the digital world, and therefore giving up expectation of privacy: the equivalence in the analog world was the direct opposite.

But there’s more to the analog equivalent of third-party-service privacy. Somewhere in this concept is the notion that you’re voluntarily choosing to give up your privacy, as an active informed act — in particular, an act that stands out of the ordinary, since the Constitutions of the world are very clear that the ordinary default case is that you have an expectation of privacy.

In other words, since people’s everyday lives are covered by expectations of privacy, there must be something outside of the ordinary that a government can claim gives it the right to take away somebody’s privacy. And this “outside the ordinary” has been that the people in question were carrying a cellphone, and so “voluntarily” gave up their right to privacy, as the cellphone gives away their location to the network operator by contacting cellphone towers.

But carrying a cellphone is expected behavior today. It is completely within the boundaries of “ordinary”. In terms of expectations, this doesn’t differ much from wearing jeans or a jacket. This leads us to the question; in the thought experiment that yesterday’s jeans manufacturers had been able to pinpoint your location, had it been reasonable for the government to argue that you give up any expectation of privacy when you’re wearing jeans?

No. No, of course it hadn’t.

It’s not like you’re carrying a wilderness tracking device for the express purpose of rescue services to find you during a dangerous hike. In such a circumstance, it could be argued that you’re voluntarily carrying a locator device. But not when carrying something that everybody is expected to carry — indeed, something that everybody must carry in order to even function in today’s society.

When the only alternative to having your Constitutionally-guaranteed privacy is exile from modern society, a government should have a really thin case. Especially when the analog equivalent — analog phone switchboards — was never fair game in any case.

People deserve Analog Equivalent Privacy Rights.

Until a government recognizes this and voluntarily surrenders a power it has taken itself, which isn’t something people should hold their breath over, privacy remains your own responsibility.

Privacy: Our analog parents had the ability to read news anonymously, however they wanted, wherever they wanted, and whenever they wanted. For our digital children, a government agent might as well be looking over their shoulder: the government knows what news sources they read, what articles, for how long, and in what order.

For our analog parents, reading the news was an affair the government had no part of, or indeed had any business being part of. Our analog parents bought a morning newspaper with a few coins on the street corner, brought it somewhere quiet where they had a few minutes to spare, and started reading without anybody interfering.

When our digital children read the news, the government doesn’t just know what news source they choose to read, but also what specific articles they read from that news source, in what order, and for how long. So do several commercial actors. There are at least three grave issues with this.

The first is that since the government has this data, it will attempt to use this data. More specifically, it will attempt to use the data against the individual concerned, possibly in some sort of pre-crime scheme. We know this that since all data collected by a government will eventually be used against the people concerned, with mathematical certainty.

In an attention economy, data about what we pay attention to, how much, and for how long, are absolutely crucial predictive behaviors. And in the hands of a government which makes the crucial mistake of using it to predict pre-crime, the results can be disastrous for the individual and plain wrong for the government.

Of course, the instant the government uses this data in any way imaginable, positive or negative, it will become Heisenberg Metrics — the act of using the data will shape the data itself. For example, if somebody in government decides that reading about frugality probably is an indicator of poverty, and so makes people more eligible for government handouts, then such a policy will immediately shape people’s behavior to read more about frugality. Heisenberg Metrics is when a metric can’t be measured without making it invalid in the process.

(The phenomenon is named after the Heisenberg Uncertainty Principle, which is traditionally confused with the Observer Effect, which states you can’t measure some things without changing them in the process. The Heisenberg Uncertainty Principle is actually something else entirely; it states that you can’t measure precise momentum and position of a subatomic particle at the same time, and does not apply at all to Heisenberg Metrics.)

The second issue is that not only government, but also other commercial actors, will seek to act on these metrics, Heisenberg Metrics as they may be. Maybe somebody thinks that reading fanzines about motorcycle acrobatics should have an effect on your health and traffic insurance premiums?

The third issue is subtle and devious, but far more grave: the government doesn’t just know what articles you read and in what order, but as a corollary to that, knows what the last article you read was, and what you did right after reading it. In other words, it knows very precisely what piece of information leads you to stop reading and instead take a specific action. This is far more dangerous information than being aware of your general information feed patterns and preferences.

Being able to predict somebody’s actions with a high degree of certainty is a far more dangerous ability than being vaguely aware of somebody’s entertainment preferences.

Our analog parents had the privacy right of choosing their information source anonymously with nobody permitted (or able) to say what articles they read, in what order, or for what reason. It’s not unreasonable that our digital children should have the same privacy right, the analog equivalent privacy right.

Privacy remains your own responsibility.

Privacy: In the last article, we focused on how people are tracked today when using credit cards instead of cash. But few pay attention to the fact that we’re tracked when using cash today, too.

Few people pay attention to the little sign on the revolving door on Schiphol Airport in Amsterdam, Netherlands. It says that wi-fi and bluetooth tracking of every single individual is taking place in the airport.

What sets Schiphol Airport apart isn’t that they track individual people’s movements to the sub-footstep level in a commercial area. (It’s for commercial purposes, not security purposes.) No, what sets Schiphol apart is that they bother to tell people about it. (The Netherlands tend to take privacy seriously, as does Germany, and for the same reason.)

Locator beacons are practically a standard in bigger commercial areas now. They ping your phone using wi-fi and bluetooth, and using signal strength triangulation, a grid of locator beacons is able to show how every single individual is moving in realtime at the sub-footstep level. This is used to “optimize marketing” — in other words, find ways to trick people’s brains to spend resources they otherwise wouldn’t have. Our own loss of privacy is being turned against us, as it always is.

Where do people stop for a while, what catches their attention, what doesn’t catch their attention, what’s a roadblock for more sales?

These are legitimate questions. However, taking away people’s privacy in order to answer those questions is not a legitimate method to answer them.

This kind of mass individual tracking has even been deployed at city levels, which happened in complete silence until the Privacy Oversight Board of a remote government sounded the alarms. The city of Västerås got the green light to continue tracking once some formal criteria were met.

Yes, this kind of people tracking is documented to have been already rolled out citywide in at least one small city in a remote part of the world (Västerås, Sweden). With the government’s Privacy Oversight Board having shrugged and said “fine, whatever”, don’t expect this to stay in the small town of Västerås. Correction, wrong tense: don’t expect it to have stayed in just Västerås, where it was greenlit three years ago.

Our analog parents had the ability to walk around untracked in the city and street of their choice, without it being used or held against them. It’s not unreasonable that our digital children should have the same ability.

There’s one other way to buy things with cash which avoids this kind of tracking, and that’s paying cash-on-delivery when ordering something online or over the phone to your door — in which case your purchase is also logged and recorded, just in another type of system.

This isn’t only used against the ordinary citizen for marketing purposes, of course. It’s used against the ordinary citizen for every conceivable purpose. But we’ll be returning to that in a later article in the series.

Privacy remains your own responsibility.

Privacy: Our analog parents’ dating preferences were considered a most private of matters. For our digital children, their dating preferences is a wholesale harvesting opportunity for marketing purposes. How did this terrifying shift come to be?

I believe the first big harvester of dating preferences was the innocent-looking site hotornot.com 18 years ago, a site that more seemed like the after-hours side work of a frustrated highschooler than a clever marketing ploy. It simply allowed people to rate their subjective perceived attractiveness of a photograph, and to upload photographs for such rating. (The two founders of this alleged highschool side project netted $10 million each for it when the site was sold.)

Then the scene exploded, with both user-funded and advertising-funded dating sites, all of which cataloged people’s dating preferences to the smallest detail.

Large-scale pornography sites, like PornHub, also started cataloging people’s porn preferences, and contiously make interesting infographics about geographical differences in preferences. (The link is safe for work, it’s data and maps in the form of a news story on Inverse, not on Pornhub directly.) It’s particularly interesting, as Pornhub is able to break down preferences quite specifically by age, location, gender, income brackets, and so on.

Do you know anyone who told Pornhub any of that data? No, I don’t either. And still, they are able to pinpoint who likes what with quite some precision, precision that comes from somewhere.

And then, of course, we have the social networks (which may or may not be responsible for that tracking, by the way).

It’s been reported that Facebook can tell if you’re gay or not with as little as three likes. Three. And they don’t have to be related to dating preferences or lifestyle preferences — they can be any random selections that just map up well with bigger patterns.

This is bad enough in itself, on the basis that it’s private data. At a very minimum, our digital childrens’ preferences should be their own, just like their favorite ice cream.

But a dating preferences are not just a preference like choosing your flavor of ice cream, is it? It should be, but it isn’t at this moment in time. It could also be something you’re born with. Something that people even get killed for if they’re born with the wrong preference.

It is still illegal to be born homosexual in 73 out of 192 countries, and out of these 73, eleven prescribe the death penalty for being born this way. A mere 23 out of 192 countries have full marriage equality.

Further, although the policy direction is quite one-way toward more tolerance, acceptance, and inclusion at this point in time, that doesn’t mean the policy trend can’t reverse for a number of reasons, most of them very bad. People who felt comfortable in expressing themselves can again become persecuted.

Genocide is almost always based on public data collected with benevolent intent.

This is why privacy is the last line of defense, not the first. And this last line of defense, which held fast for our analog parents, has been breached for our digital children. That matter isn’t taken nearly seriously enough.

Privacy remains your own responsibility.

Privacy: In the analog world of our parents, it was absolutely unthinkable that the government would demand to know every footstep you took, every phonecall you made, and every message you wrote, just as a routine matter. For our digital children, government officials keep insisting on this as though it were perfectly reasonable, because terrorism, and also, our digital children may be listening to music together or watching TV together, which is illegal in the way they like to do it, because of mail-order legislation from Hollywood. To make things even worse, the surveillance is retroactive — it is logged, recorded, and kept until somebody wants all of it.

About ten years ago, a colleague of mine moved from Europe to China. He noted that among many differences, the postal service was much more tightly controlled — as in, every letter sent was written by hand onto a line in a log book, kept by the postmaster at each post office. Letter from, to whom, and the date.

At the time, three things struck me: one, how natural this was to the Chinese population, not really knowing anything else; two, how horrified and denouncing our analog parents would have been at this concept; three, and despite that, that this is exactly what our lawmaker analog parents are doing to all our digital children right now.

Or trying to do, anyway; the courts are fighting back hard.

Yes, I’m talking about Telecommunications Data Retention.

There is a saying, which mirrors the Chinese feeling of normality about this quite well: “The bullshit this generation puts up with as a temporary nuisance from deranged politicians will seem perfectly ordinary to the next generation.”

Every piece of surveillance so far in this series is amplified by several orders of magnitude by the notion that it you’re not only being watched, but that everything you do is recorded for later use against you.

This is a concept so bad, not even Nineteen-Eighty Four got it: If Winston’s telescreen missed him doing something that the regime didn’t want him to do, Winston would have been safe, because there was no recording happening; only surveillance in the moment.

If Winston Smith had had today’s surveillance regime, with recording and data retention, the regime could and would have gone back and re-examined every earlier piece of action for what they might have missed.

This horror is reality now, and it applies to every piece in this series. Our digital children aren’t just without privacy in the moment, they’re retroactively without privacy in the past, too.

(Well, this horror is a reality that comes and goes, as legislators and courts are in a tug of war. In the European Union, Data Retention was mandated in 2005 by the European Parliament, was un-mandated in 2014 by the European Court of Justice, and prohibited in 2016 by the same Court. Other jurisdictions are playing out similar games; a UK court just dealt a blow to the Data Retention there, for example.)

Privacy remains your own responsibility.

Privacy: For our analog parents, a diary or a personal letter could rarely be touched by authorities, not even by law enforcement searching for evidence of a crime. Objects such as these had protection over and above the constitutional privacy safeguards. For our digital children, however, the equivalent diaries and letters aren’t even considered worthy of basic constitutional privacy.

In most jurisdictions, there is a constitutional right to privacy. Law enforcement in such countries can’t just walk in and read somebody’s mail, wiretap their phonecalls, or track their IP addresses. They need a prior court order to do so, which in turn is based on a concrete suspicion of a serious crime: the general case is that you have a right to privacy, and violations of this rule are the exception, not the norm.

However, there’s usually a layer of protection over and above this: even if and when law enforcement gets permission from a judge to violate somebody’s privacy in the form of a search warrant of their home, there are certain things that may not be touched unless specific and additional permissions are granted by the same type of judge. This class of items includes the most private of the personal: private letters, diaries, and so on.

Of course, this is only true in the analog world of our parents. Even though the letter of the law is the same, this protection doesn’t apply at all to the digital world of our children, to their diaries and letters.

Because the modern diary is kept on a computer. If not on a desktop computer, then certainly on a mobile handheld one — what we’d call a “phone” for historical reasons, but what’s really a handheld computer.

And a computer is a work tool in the analog world of our parents. There are loads of precedent cases that establish any form of electronic device as a work tool, dating back well into the analog world, and law enforcement is falling back on all of them with vigor, even now that our digital devices are holding our diaries, personal letters, and other items far more private than an analog diary was ever capable of.

That’s right: whereas your parents’ diaries were extremely protected under the law of the land, your children’s diaries — no less private to them, than those of your parents were to your parents — are as protected from search and seizure as an ordinary steel wrench in a random workshop.

So the question is how we got from point A to point B here? Why are the Police, who know that they can’t touch an analog diary during a house search, instantly grabbing mobile phones which serve the same purpose for our children?

“Because they can”, is the short answer. “Also because nobody put their foot down” for advanced points on the civics course. It’s because some people saw short term political points in being “tough on crime” and completely erasing hard-won rights in the process.

Encrypt everything.

Privacy: In a series of posts on this blog, we have shown how practically everything our parents took for granted with regards to privacy has been completely eliminated for our children, just because they use digital tools instead of analog, and the people interpreting the laws are saying that privacy only applies to the old, analog environment of our parents.

Once you agree with the observation that privacy seems to simply not apply for our children, merely for living in a digitally-powered environment instead of our parents’ analog-powered one, surprise turns to shock turns to anger, and it’s easy to want to assign blame to someone for essentially erasing five generations’ fight for civil liberties while people were looking the other way.

So whose fault is it, then?

It’s more than one actor at work here, but part of the blame must be assigned to the illusion that that nothing has changed, just because our digital children can use old-fashioned and obsolete technology to obtain the rights they should always have by law and constitution, regardless of which method they use to talk to friends and exercise their privacy rights.

We’ve all heard these excuses.

“You still have privacy of correspondence, just use the old analog letter”. As if the Internet generation would. You might as well tell our analog parents that they would need to send a wired telegram to enjoy some basic rights.

“You can still use a library freely.” Well, only an analog one, not a digital one like The Pirate Bay, which differs from an analog library only in efficiency, and not in anything else.

“You can still discuss anything you like.” Yes, but only in the analog streets and squares, not in the digital streets and squares.

“You can still date someone without the government knowing your dating preferences.” Only if I prefer to date like our parents did, in the unsafe analog world, as opposed to the safe digital environment where predators vanish at the click of a “block” button, an option our analog parents didn’t have in shady bars.

The laws aren’t different for the analog and the digital. The law doesn’t make a difference between analog and digital. But no law is above the people who interpret it in the courts, and the way people interpret those laws means the privacy rights always apply to the analog world, but never to the digital world.

It’s not rocket science to demand the same laws to apply offline and online. This includes copyright law, as well as the fact that privacy of correspondence takes precedence over copyright law (in other words, you’re not allowed to open and examine private correspondence for infringements in the analog world, not without prior and individual warrants — our law books are full of these checks and balances; they should apply in the digital too, but don’t today).

Going back to blame, that’s one actor right there: the copyright industry. They have successfully argued that their monopoly laws should apply online just as it does offline, and in doing so, has completely ignored all the checks and balances that apply to the copyright monopoly laws in the analog world. And since copying movies and music has now moved into the same communications channels as we use for private correspondence, the copyright monopoly as such has become fundamentally incompatible with private correspondence at the conceptual level.

The copyright industry has been aware of this conflict and has been continuously pushing for eroded and eliminated privacy to prop up their crumbling and obsolete monopolies, such as pushing for the hated (and now court-axed) Data Retention Directive in Europe. They would use this federal law (or European equivalent thereof) to literally get more powers than the Police themselves in pursuing individual people who were simply sharing music and movies, sharing in the way everybody does.

There are two other major factors at work. The second factor is marketing. The reason we’re tracked at the sub-footstep level in airports and other busy commercial centers is simply to sell us more crap we don’t need. This comes at the expense of privacy that our analog parents took for granted. Don’t even get started on Facebook and Google.

Last but not least are the surveillance hawks — the politicians who want to look “Tough on Crime”, or “Tough on Terrorism”, or whatever the word of choice is this week. These were the ones who pushed the Data Retention Directive into law. The copyright industry were the ones who basically wrote it for them.

These three factors have working together, and they’ve been very busy.

It’s going to be a long uphill battle to win back the liberties that were slowly won by our ancestors over about six generations, and which have been all but abolished in a decade.

Our children are right to demand Analog Equivalent Privacy Rights — the civil liberties our parents not just enjoyed, but took for granted.

I fear the failure to pass on the civil liberties from our parents to our children is going to be seen as the greatest failure of this particular current generation, regardless of all the good we also accomplish. Surveillance societies can be erected in just ten years, but can take centuries to roll back.

Privacy remains your own responsibility today. We all need to take it back merely by exercising our privacy rights, with whatever tools are at our disposal.

Image from the movie “Nineteen-Eighty Four”; used under fair use for political commentary.

Bitcoin: As the dust settles after the November 15 bitcoin upgrade, the roadmaps have been updated with the new state of the protocol and people are starting to looking ahead to the next set of features. I thought I’d take the opportunity to give my view on it.

The new set of features ahead has been published on bitcoincash.org, which is for the most part spearheaded by the Bitcoin ABC implementation, but where Bitcoin Unlimited also deserves significant credit for research and development.

This is the current “you are here” map as of end-2018:

I like this roadmap for two reasons. Or rather, for two levels of reasons.

The first is that I see bitcoin as the path to a world currency. In order to be so, it will need to carry an insanely heavier load, and because of the typical velocity of money, each bitcoin must be valued far higher than it is today — to a point where single satoshis are no longer a small unit, but represent maybe a few cents. That quanta (smallest possible discrete value) is not small enough to provide frictionless automated microtrade, which is why I’m looking forward to — and have been discreetly applauding — the fractional satoshis on the roadmap. The bigger footprint a network gets, the more inertia it takes to change something, so getting these two items in with reasonable speed is something I regard as key.

The third key item is extensibility — the ability to extend the protocol without asking permission, akin to how early browsers started supporting random new HTML markup tags left and right. This drove the standards forward and allowed for rapid feedback cycles with the user community, and something similar will be needed for permissionless innovation on top of bitcoin to really take off.

These three taken together happen to represent the final phase of the three tracks that the roadmap lists. I have some understanding that each of them have necessary prerequisites that are being filled in some sort of logical order.

This brings me to the Law of Two Feet.

You see, it doesn’t really matter what I think of a feature, whether I like it or not. I am a diehard proponent of the Law of Two Feet: It simply means that if you don’t like something, then it is your responsibility — both toward yourself and the community you don’t like — to walk to a place you do like.

(Just to be clear, the Law of Two Feet is inclusive. It also applies to people who don’t have two actual feet.)

This is what I worded as the Freedom of Initiative and the Freedom to Follow, and it is absolutely key for permissionless innovation. You don’t get that the moment somebody is trying to give somebody else permission on what road they may choose.

Each of us have the freedom to take any initiative we want.

Each of us also have the freedom to follow any initiative we like.

But no one of us may tell another what they must or may not do.

I happen to very much approve of the above roadmap from where I’m sitting. But even if I didn’t, the freedom of initiative and freedom to follow are far more important than my opinion on this particular initiative.