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	<title>writing &#124; ben fry &#187; privacy</title>
	<atom:link href="http://benfry.com/writing/archives/category/privacy/feed" rel="self" type="application/rss+xml" />
	<link>http://benfry.com/writing</link>
	<description>Visualizing Data</description>
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		<title>The Evolution of Privacy on Facebook</title>
		<link>http://benfry.com/writing/archives/662</link>
		<comments>http://benfry.com/writing/archives/662#comments</comments>
		<pubDate>Fri, 07 May 2010 18:48:12 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[javascript]]></category>
		<category><![CDATA[privacy]]></category>
		<category><![CDATA[processing]]></category>
		<category><![CDATA[refine]]></category>
		<category><![CDATA[social]]></category>

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		<description><![CDATA[Inspired by this post by Kurt Opsahl of the EFF, Matt McKeon of IBM&#8217;s Visual Communication Lab created the following visualization depicting the evolution of the default privacy settings on Facebook:

Has a couple nice visual touches that prevent it from looking like YAHSVPOQUFOTI (yet another highly-stylized visualization piece of questionable utility found on the internet). [...]]]></description>
			<content:encoded><![CDATA[<p>Inspired by <a href="http://www.eff.org/deeplinks/2010/04/facebook-timeline">this post</a> by Kurt Opsahl of the EFF, <a href="http://www.mattmckeon.com/">Matt McKeon</a> of IBM&#8217;s Visual Communication Lab created the following visualization depicting the evolution of the default privacy settings on Facebook:</p>
<p style="text-align: center;"><a href="http://mattmckeon.com/facebook-privacy/"><img class="size-full wp-image-663  aligncenter" title="sorry, still don't have an account on fb" src="http://benfry.com/wp/wp-content/uploads/2010/05/facebook-privacy-site.jpg" alt="sorry, still don't have an account on fb" width="390" height="325" /></a></p>
<p>Has a couple nice visual touches that prevent it from looking like YAHSVPOQUFOTI (yet another highly-stylized visualization piece of questionable utility found on the internet). Also cool to see it was built with <a href="http://processingjs.org/">Processing.js</a>.</p>
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		<title>I am what I should have said much earlier</title>
		<link>http://benfry.com/writing/archives/553</link>
		<comments>http://benfry.com/writing/archives/553#comments</comments>
		<pubDate>Sun, 20 Sep 2009 01:22:08 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[privacy]]></category>

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		<description><![CDATA[So it takes me a year or two to post the “You Are What You Say” lecture by Dan Frankowski, and the day after, a much more up-to-date paper is in the news. The paper is by Paul Ohm and is available here, or you can read an Ars Technica article about it if you&#8217;d [...]]]></description>
			<content:encoded><![CDATA[<p>So it takes me a year or two to post the <a href="http://benfry.com/writing/archives/533">“You Are What You Say”</a> lecture by Dan Frankowski, and the <em>day after</em>, a much more up-to-date paper is in the news. The paper is by Paul Ohm and is available <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1450006">here</a>, or you can read an <em>Ars Technica</em> <a href="http://arstechnica.com/tech-policy/news/2009/09/your-secrets-live-online-in-databases-of-ruin.ars">article</a> about it if you&#8217;d prefer the (geeky) executive summary. The paper also sites the work of Latanya Sweeney (as did the Frankowski lecture), with this defining moment of the contemporary privacy debate, when the Massachusetts Group Insurance Commission (GIC) released “anonymized” patient data in the mid-90s:</p>
<blockquote><p>At the time GIC released the data, William Weld, then Governor of Massachusetts, assured the public that GIC had protected patient privacy by deleting identifiers. In response, then-graduate student Sweeney started hunting for the Governor’s hospital records in the GIC data. She knew that Governor Weld resided in Cambridge, Massachusetts, a city of 54,000 residents and seven ZIP codes. For twenty dollars, she purchased the complete voter rolls from the city of Cambridge, a database containing, among other things, the name, address, ZIP code, birth date, and sex of every voter. By combining this data with the GIC records, Sweeney found Governor Weld with ease. Only six people in Cambridge shared his birth date, only three of them men, and of them, only he lived in his ZIP code. In a theatrical flourish, Dr. Sweeney sent the Governor’s health records (which included diagnoses and prescriptions) to his office.</p></blockquote>
<p>And from the “where are they now?” file, Sweeney <a href="http://privacy.cs.cmu.edu/people/sweeney/">continues her work</a> at Carnegie Mellon, though I have to admit I&#8217;m a little nervous that she&#8217;s currently back in my neighborhood with visiting posts at MIT and Harvard. Damn this Cambridge ZIP code.</p>
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		<title>You stick out like a sore thumb in the matrix</title>
		<link>http://benfry.com/writing/archives/533</link>
		<comments>http://benfry.com/writing/archives/533#comments</comments>
		<pubDate>Mon, 07 Sep 2009 14:45:02 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[privacy]]></category>
		<category><![CDATA[speaky]]></category>

		<guid isPermaLink="false">http://benfry.com/writing/?p=533</guid>
		<description><![CDATA[Finally got around to watching Dan Frankowski&#8217;s “You Are What You Say: Privacy Risks of Public Mentions” Google Tech Talk the other day. (I had the link set aside for two years. There&#8217;s a bit of a backlog.) In the talk, he takes an “anonymized” set of movie ratings and removes the anonymity by matching [...]]]></description>
			<content:encoded><![CDATA[<p>Finally got around to watching Dan Frankowski&#8217;s <a href="http://www.youtube.com/watch?v=rKqtmVlU4sI">“You Are What You Say: Privacy Risks of Public Mentions”</a> Google Tech Talk the other day. (I had the link set aside for two years. There&#8217;s a bit of a backlog.) In the talk, he takes an “anonymized” set of movie ratings and removes the anonymity by matching them to public mentions of movies in user profiles on the same site.</p>
<p><object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/rKqtmVlU4sI&#038;hl=en&#038;fs=1&#038;"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/rKqtmVlU4sI&#038;hl=en&#038;fs=1&#038;" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object></p>
<p>Interestingly, the ratings themselves weren&#8217;t as informative as the actual choice of movies to talk about. In the case of a site for movie buffs — ahem, film aficionados — I couldn&#8217;t help but think about participants in discussions using obscure film references as colored tail feathers as they try to out-strut one another. Of course this has significant impact on such a method, making the point that individual uniqueness is only a signature for identification: what makes you different just makes you more visible to a data mining algorithm.</p>
<p>The other interesting bit from the talk is about 20 minutes through, where starts to address ways to defeat such methods. There aren&#8217;t many good ideas, because of the tradeoffs involved in each, but it&#8217;s interesting to think about.</p>
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		<title>Curiosity Kills Privacy</title>
		<link>http://benfry.com/writing/archives/423</link>
		<comments>http://benfry.com/writing/archives/423#comments</comments>
		<pubDate>Fri, 19 Jun 2009 13:09:41 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[human]]></category>
		<category><![CDATA[privacy]]></category>
		<category><![CDATA[security]]></category>

		<guid isPermaLink="false">http://benfry.com/writing/?p=423</guid>
		<description><![CDATA[There&#8217;s simply no way to give people access to others&#8217; private records — in the name of security or otherwise — and trust those given access to do the right thing. From a New York Times story on the NSA&#8217;s expanded wiretapping:
The former analyst added that his instructors had warned against committing any abuses, telling [...]]]></description>
			<content:encoded><![CDATA[<p>There&#8217;s simply no way to give people access to others&#8217; private records — in the name of security or otherwise — and trust those given access to do the right thing. From a <em>New York Times</em> story on the NSA&#8217;s <a href="http://www.nytimes.com/2009/06/17/us/17nsa.html?_r=1&amp;partner=rss&amp;emc=rss&amp;pagewanted=all">expanded wiretapping</a>:</p>
<blockquote><p>The former analyst added that his instructors had warned against committing any abuses, telling his class that another analyst had been investigated because he had improperly accessed the personal e-mail of former President Bill Clinton.</p></blockquote>
<p>This is not isolated, and this will always be the case. From a <a href="http://www.boston.com/news/local/massachusetts/articles/2009/05/06/police_prying_into_stars_data/?page=full">story</a> in <em>The Boston Globe</em> a month ago:</p>
<blockquote><p>Law enforcement personnel looked up personal information on Patriots star Tom Brady 968 times &#8211; seeking anything from his driver&#8217;s license photo and home address, to whether he had purchased a gun &#8211; and auditors discovered &#8220;repeated searches and queries&#8221; on dozens of other celebrities such as Matt Damon, James Taylor, Celtics star Paul Pierce, and Red Sox owner John Henry, said two state officials familiar with the audit.</p></blockquote>
<p>The NSA wiretapping is treated too much like an abstract operation, with most articles that describe it overloaded with talk of “data collection,” and “monitoring,” and the massive scale of data that traffics through internet service providers. But the problem isn&#8217;t the computers and data and equipment, it&#8217;s that on the other end of the line, a human being is sitting there deciding what to do with that information. Our curiosity and voyeurism leaves us fundamentally flawed for dealing with such information, and unable to ever live up to the responsibility of having that access.</p>
<p>The story about the police officers who are overly curious about sports stars (or soft rock balladeers) is no different from the NSA wiretapping, because it&#8217;s still people, with the same impulses, on the other end of the line. Until reading this, I had wanted to believe that NSA employees — who should truly understand the ramifications — would have been more professional. But instead they&#8217;ve proven themselves no different from a local cop who wants to know if Paul Pierce owns a gun or Matt Damon has a goofy driver&#8217;s license picture.</p>
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		<title>Data is the pollution of the information age</title>
		<link>http://benfry.com/writing/archives/331</link>
		<comments>http://benfry.com/writing/archives/331#comments</comments>
		<pubDate>Tue, 17 Mar 2009 22:17:32 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[privacy]]></category>

		<guid isPermaLink="false">http://benfry.com/writing/?p=331</guid>
		<description><![CDATA[An essay by Bruce Schneier on BBC.com:
Welcome to the future, where everything about you is saved. A future where your actions are recorded, your movements are tracked, and your conversations are no longer ephemeral. A future brought to you not by some 1984-like dystopia, but by the natural tendencies of computers to produce data.
 Data [...]]]></description>
			<content:encoded><![CDATA[<p>An <a href="http://news.bbc.co.uk/2/hi/technology/7897892.stm">essay by Bruce Schneier</a> on BBC.com:</p>
<blockquote><p>Welcome to the future, where everything about you is saved. A future where your actions are recorded, your movements are tracked, and your conversations are no longer ephemeral. A future brought to you not by some 1984-like dystopia, but by the natural tendencies of computers to produce data.</p>
<p><strong> Data is the pollution of the information age. It&#8217;s a natural by-product of every computer-mediated interaction. It stays around forever, unless it&#8217;s disposed of.</strong> It is valuable when reused, but it must be done carefully. Otherwise, its after-effects are toxic.</p></blockquote>
<p>The essay goes on to cite specific examples, though they sound more high-tech than the actual problem. Later it returns to the important part:</p>
<blockquote><p>Cardinal Richelieu famously said: &#8220;If one would give me six lines written by the hand of the most honest man, I would find something in them to have him hanged.&#8221; When all your words and actions can be saved for later examination, different rules have to apply.</p>
<p>Society works precisely because conversation is ephemeral; because people forget, and because people don&#8217;t have to justify every word they utter.</p>
<p>Conversation is not the same thing as correspondence. Words uttered in haste over morning coffee, whether spoken in a coffee shop or thumbed on a BlackBerry, are not official correspondence.</p></blockquote>
<p>And an earlier paragraph that highlights why I talk about <a href="http://benfry.com/writing/archives/category/privacy">privacy</a> on this site:</p>
<blockquote><p>And just as 100 years ago people ignored pollution in our rush to build the Industrial Age, today we&#8217;re ignoring data in our rush to build the Information Age.</p></blockquote>
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		<title>Hide the bipolar data, here comes bioinformatics!</title>
		<link>http://benfry.com/writing/archives/185</link>
		<comments>http://benfry.com/writing/archives/185#comments</comments>
		<pubDate>Wed, 17 Sep 2008 00:47:42 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[genetics]]></category>
		<category><![CDATA[mine]]></category>
		<category><![CDATA[privacy]]></category>
		<category><![CDATA[science]]></category>

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		<description><![CDATA[I was fascinated a few weeks ago to receive this email from the Genome-announce list at UCSC:
Last week the National Institutes of Health (NIH) modified their policy for posting and accessing genome-wide association studies (GWAS) data contained in NIH databases. They have removed public access to aggregate genotype GWAS data in response to the publication [...]]]></description>
			<content:encoded><![CDATA[<p>I was fascinated a few weeks ago to receive this email from the <a href="http://www.soe.ucsc.edu/mailman/listinfo/genome-announce">Genome-announce list</a> at UCSC:</p>
<blockquote><p>Last week the National Institutes of Health (NIH) modified their policy for posting and accessing genome-wide association studies (GWAS) data contained in NIH databases. They have removed public access to aggregate genotype GWAS data in response to the publication of new statistical techniques for analyzing dense genomic information that make it possible to infer the group assignment (case vs. control) of an individual DNA sample under certain circumstances. The Wellcome Trust Case Control Consortium in the UK and the Broad Institute of MIT and Harvard in Boston have also removed aggregate data from public availability. Consequently, UCSC has removed the &#8220;NIMH Bipolar&#8221; and &#8220;Wellcome Trust Case Control Consortium&#8221; data sets from our Genome Browser site.</p></blockquote>
<p>The ingredients for a genome-wide association study are a few hundred people, and a list of what genetic letter (A, C, G, or T) is found at a few hundred specific locations in the DNA of each of those people. Such data is then correlated to whether individuals have a particular disease, and using the correlation, it&#8217;s possible to sometimes localize what part of the genome is responsible for the disease.</p>
<p>Of course, the diseases might be of a sensitive nature (e.g. bipolar disorder), so when such data is made publicly available, it&#8217;s done in a manner that protects the privacy of the individuals in the data set. What this message means is that a bioinformatics method has been developed that undermines those privacy protections. An amazing bit of statistics!</p>
<p>This made me curious about what led to such a result, so with a little digging, I found <a href="http://www.tgen.org/news/index.cfm?pageid=57&amp;newsid=1204">this press release</a>, which describes the work:</p>
<blockquote><p>A team of investigators led by scientists at the <a href="http://www.tgen.org/">Translational Genomics Research Institute (TGen)</a> have found a way to identify possible suspects at crime scenes using only a small amount of DNA, even if it is mixed with hundreds of other genetic fingerprints.</p>
<p>Using genotyping microarrays, the scientists were able to identify an individual&#8217;s DNA from within a mix of DNA samples, even if that individual represented less than 0.1 percent of the total mix, or less than one part per thousand. They were able to do this even when the mix of DNA included more than 200 individual DNA samples.</p>
<p>The discovery could help police investigators better identify possible suspects, even when dozens of people over time have been at a crime scene. It also could help reassess previous crime scene evidence, and it could have other uses in various genetic studies and in statistical analysis.</p></blockquote>
<p>So the <a href="http://www.cbs.com/primetime/csi/">CSI</a> folks have screwed it up for the bipolar folks. The titillatingly-titled <a href="http://www.plosgenetics.org/journals/genetics/article/info%3Adoi%2F10.1371%2Fjournal.pgen.1000167&amp;annotationId=info%3Adoi%2F10.1371%2Fannotation%2Fe5661731-22e8-424d-baea-c6bb7d1931fe"><em>“Resolving Individuals Contributing Trace Amounts of DNA to Highly Complex Mixtures Using High-Density SNP Genotyping Microarrays”</em></a> can be found at PLoS Genetics, and <a href="http://grants.nih.gov/grants/gwas/background_fact_sheet_20080828.pdf">a PDF describing the the policy changes</a> is on the NIH&#8217;s site for <a href="http://grants.nih.gov/grants/gwas/">Genome-Wide Association Studies</a>. The PDF provides a much more thorough explanation of what association studies are, in case you&#8217;re looking for something better than my cartoon version described above.</p>
<p>Links to much more coverage can be found <a href="http://www.plosgenetics.org/annotation/listThread.action?inReplyTo=info%3Adoi%2F10.1371%2Fannotation%2Fe5661731-22e8-424d-baea-c6bb7d1931fe&amp;root=info%3Adoi%2F10.1371%2Fannotation%2Fe5661731-22e8-424d-baea-c6bb7d1931fe">here</a>, which includes major journals (<a href="http://www.nature.com/news/2008/080904/full/news.2008.1083.html">Nature</a>) and mainstream media outlets (<a href="http://www.latimes.com/news/nationworld/nation/la-me-dna29-2008aug29,0,4364552.story">LA Times</a>, <a href="http://www.ft.com/cms/s/0/92b8eed8-7561-11dd-ab30-0000779fd18c.html">Financial Times</a>) weighing in on the research. (It&#8217;s always funny to see how news outlets respond to this sort of thing—the Financial Times talk about the positive side, the LA Times focuses exclusively on the negative.) A <a href="http://www.plosgenetics.org/annotation/listThread.action?inReplyTo=info%3Adoi%2F10.1371%2Fannotation%2F717d0f33-e634-48c0-afe8-2699f12db55e&amp;root=info%3Adoi%2F10.1371%2Fannotation%2F717d0f33-e634-48c0-afe8-2699f12db55e">discussion about the implications</a> of the study can also be found on the PLoS site, with further background from the study&#8217;s primary author.</p>
<p>Science presents such fascinating contradictions. A potentially helpful advance that undermines another area of research. The breakthrough that opens a Pandora&#8217;s Box. It&#8217;s probably rare to see such a direct contradiction (that&#8217;s not heavily politicized like, say, stem cell research), but the social and societal impact is undoubtedly one of the things I love most about genetics in particular.</p>
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		<title>Skills as Numbers</title>
		<link>http://benfry.com/writing/archives/170</link>
		<comments>http://benfry.com/writing/archives/170#comments</comments>
		<pubDate>Mon, 01 Sep 2008 13:39:20 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[human]]></category>
		<category><![CDATA[mine]]></category>
		<category><![CDATA[notafuturist]]></category>
		<category><![CDATA[numberscantdothat]]></category>
		<category><![CDATA[privacy]]></category>
		<category><![CDATA[social]]></category>

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		<description><![CDATA[BusinessWeek has an excerpt of Numerati, a book about the fabled monks of data mining (publishers weekly calls them “entrepreneurial mathematicians”) who are sifting through the personal data we create every day.
Picture an IBM manager who gets an assignment to send a team of five to set up a call center in Manila. She sits [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.amazon.com/exec/obidos/ASIN/0618784608/ref=nosim/benfrycom-20"><img src="http://benfry.com/wp/wp-content/uploads/2008/09/numerati-small.jpg" alt="numerati-small.jpg" align="right" hspace="13" vspace="13" /></a>BusinessWeek has an <a href="http://www.businessweek.com/magazine/content/08_36/b4098032904806.htm">excerpt</a> of <em><a href="http://www.amazon.com/exec/obidos/ASIN/0618784608/ref=nosim/benfrycom-20">Numerati</a></em>, a book about the fabled monks of data mining (publishers weekly calls them “entrepreneurial mathematicians”) who are sifting through the personal data we create every day.</p>
<blockquote><p>Picture an IBM manager who gets an assignment to send a team of five to set up a call center in Manila. She sits down at the computer and fills out a form. It&#8217;s almost like booking a vacation online. She puts in the dates and clicks on menus to describe the job and the skills needed. Perhaps she stipulates the ideal budget range. The results come back, recommending a particular team. All the skills are represented. Maybe three of the five people have a history of working together smoothly. They all have passports and live near airports with direct flights to Manila. One of them even speaks Tagalog.</p>
<p>Everything looks fine, except for one line that&#8217;s highlighted in red. The budget. It&#8217;s $40,000 over! The manager sees that the computer architect on the team is a veritable luminary, a guy who gets written up in the trade press. Sure, he&#8217;s a 98.7% fit for the job, but he costs $1,000 an hour. It&#8217;s as if she shopped for a weekend getaway in Paris and wound up with a penthouse suite at the Ritz.</p></blockquote>
<blockquote><p> Hmmm. The manager asks the system for a cheaper architect. New options come back. One is a new 29-year-old consultant based in India who costs only $85 per hour. That would certainly patch the hole in the budget. Unfortunately, he&#8217;s only a 69% fit for the job. Still, he can handle it, according to the computer, if he gets two weeks of training. Can the job be delayed?</p></blockquote>
<blockquote><p>This is management in a world run by Numerati.</p></blockquote>
<p>I&#8217;m highly skeptical of management (a fundamentally human activity) being distilled to numbers in this manner. Unless, of course, the managers are that poor at doing their job. And further, what&#8217;s the point of the manager if they&#8217;re spending most of their time filling out the vacation form-style work order? (Filling out tedious year-end reviews, no doubt.) Perhaps it should be an indication that the company is simply too large:</p>
<blockquote><p>As IBM sees it, the company has little choice. The workforce is too big, the world too vast and complicated for managers to get a grip on their workers the old-fashioned way—by talking to people who know people who know people.</p></blockquote>
<p>Then we descend (ascend?) into the rah-rah of <em>today&#8217;s global economy</em>:</p>
<blockquote><p>Word of mouth is too foggy and slow for the global economy. Personal connections are too constricted. Managers need the zip of automation to unearth a consultant in New Delhi, just the way a generation ago they located a shipment of condensers in Chicago. For this to work, the consultant—just like the condensers—must be represented as a series of numbers.</p></blockquote>
<p>I say rah-rah because how else can you put refrigeration equipment parts in the same sentence as a living, breathing person with a mind, free will and a life.</p>
<p>And while I don&#8217;t think I agree with this particular thesis, the book as a whole looks like an interesting survey of efforts in this area. Time to finish my backlog of Summer reading so I can order more books&#8230;</p>
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		<title>“Hello Kettle? Yeah, hi, this is the Pot calling.”</title>
		<link>http://benfry.com/writing/archives/161</link>
		<comments>http://benfry.com/writing/archives/161#comments</comments>
		<pubDate>Mon, 18 Aug 2008 14:22:38 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[privacy]]></category>

		<guid isPermaLink="false">http://benfry.com/writing/archives/161</guid>
		<description><![CDATA[Wired&#8217;s Ryan Singel reports on a spat between AT&#38;T and Google regarding their privacy practices:
Online advertising networks — particularly Google&#8217;s — are more dangerous than the fledgling plans and dreams of ISPs to install eavesdropping equipment inside their internet pipes to serve tailored ads to their customers, AT&#38;T says.
Even more fun than watching gorillas fight [...]]]></description>
			<content:encoded><![CDATA[<p>Wired&#8217;s Ryan Singel <a href="http://blog.wired.com/27bstroke6/2008/08/google-privacy.html">reports</a> on a spat between AT&amp;T and Google regarding their privacy practices:</p>
<blockquote><p>Online advertising networks — particularly Google&#8217;s — are more dangerous than the fledgling plans and dreams of ISPs to install eavesdropping equipment inside their internet pipes to serve tailored ads to their customers, AT&amp;T says.</p></blockquote>
<p>Even more fun than watching gorillas fight (you don&#8217;t have to pick a side—it&#8217;s guaranteed to be entertaining) is when they bring up accusations that are usually reserved for the security and privacy set (or borderline paranoids who write blogs that cover  information and privacy). Or their argument boils down to “but we&#8217;re <em>less</em> naughty than you.” Ask any Mom about the effectiveness of that argument. AT&amp;T writes:</p>
<blockquote><p>Advertising-network operators such as Google have evolved beyond merely tracking consumer web surfing activity on sites for which they have a direct ad-serving relationship. They now have the ability to observe a user&#8217;s entire web browsing experience at a granular level, including all URLs visited, all searches, and actual page-views.</p></blockquote>
<p>Deep Packet Inspection is an important sounding way to say that they&#8217;re just watching all your traffic. It&#8217;s quite literally the same as the post office opening all your letters and reading them, and in AT&amp;T&#8217;s case, adding additional bulk mail (flyers, sweepstakes, and other junk) that seems appropriate to your interests based on what they find.</p>
<p>Are you excited yet?</p>
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		<title>Paternalism at the state level and the definition of “advice”</title>
		<link>http://benfry.com/writing/archives/135</link>
		<comments>http://benfry.com/writing/archives/135#comments</comments>
		<pubDate>Fri, 27 Jun 2008 04:40:23 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[genetics]]></category>
		<category><![CDATA[government]]></category>
		<category><![CDATA[privacy]]></category>
		<category><![CDATA[science]]></category>

		<guid isPermaLink="false">http://benfry.com/writing/archives/135</guid>
		<description><![CDATA[Following up on an earlier post, The New York Times jumps in with more about California (and New York before it) shutting down personal genomics companies, including this curious definition of advice:
“We think if you’re telling people you have increased risk of adverse health effects, that’s medical advice,” said Ann Willey, director of the office [...]]]></description>
			<content:encoded><![CDATA[<p>Following up on <a href="http://benfry.com/writing/archives/128">an earlier post</a>, <em>The New York Times</em> <a href="http://www.nytimes.com/2008/06/26/business/26gene.html">jumps in</a> with more about California (and New York before it) shutting down personal genomics companies, including this curious definition of advice:</p>
<blockquote><p>“We think if you’re telling people you have increased risk of adverse health effects, that’s medical advice,” said Ann Willey, director of the office of laboratory policy and planning at the New York State Department of Health.</p></blockquote>
<p>The dictionary confirmed my suspicion that advice refers to “guidance or recommendatios concerning prudent future action,” which doesn&#8217;t coincide with telling people they have increased risk for a disease. If they told you to take medication based on that risk, it would most certainly be advice. But as far as I know, the extent of the advice given by these companies is to consult a doctor for&#8230;advice.</p>
<p>As in the earlier post, the health department in California continues to sound nutty:</p>
<blockquote><p>“We started this week by no longer tolerating direct-to-consumer genetic testing in California,” Karen L. Nickel, chief of laboratory field services for the state health department, said during a June 13 meeting of a state advisory committee on clinical laboratories.</p></blockquote>
<p>We will not <em>tolerate</em> it! These tests are a scourge upon our society! The collapse of the housing loan market, high gas prices, and the “great trouble or suffering” brought on by this beast that preys on those with an excess of disposable income. Someone has to save these people who have $1000 to spare on self-curiosity! And the poor millionaires spending $350,000 to get their genome sequenced by <a href="http://www.knome.com/">Knome</a>. Won&#8217;t someone think of the <em>millionaires!?</em></p>
<p>I wish I still lived in California, because then I would know someone was watching out for me.</p>
<p>For the curious, the letters sent to the individual companies can be found <a href="http://www.cdph.ca.gov/HealthInfo/news/Pages/LabTestLandingPg.aspx">here</a>, sadly they aren&#8217;t any more insightful than the comments to the press. But speaking of scourge—the notices are all Microsoft Word files.</p>
<p>One interesting tidbit closing out the <em>Times</em> article:</p>
<blockquote><p>Dr. Hudson [director of the Genetics and Public Policy Center at Johns Hopkins University] said it was “not surprising that the states are stepping in, in an effort to protect consumers, because there has been a total absence of federal leadership.” She said that if the federal government assured tests were valid, “paternalistic” state laws could be relaxed “to account for smart, savvy consumers” intent on playing a greater role in their own health care.</p></blockquote>
<p>It&#8217;s not clear whether this person is just making a trivial dig at the federal government<br />
or whether this is the root of the problem. In the previous paragraph she&#8217;s being flippant about “Genes R Us” so it might be just a swipe, but it&#8217;s an interesting point nonetheless.</p>
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		<title>Surfing, Orgies, and Apple Pie</title>
		<link>http://benfry.com/writing/archives/133</link>
		<comments>http://benfry.com/writing/archives/133#comments</comments>
		<pubDate>Tue, 24 Jun 2008 15:06:19 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[online]]></category>
		<category><![CDATA[privacy]]></category>
		<category><![CDATA[retention]]></category>
		<category><![CDATA[social]]></category>

		<guid isPermaLink="false">http://benfry.com/writing/archives/133</guid>
		<description><![CDATA[Obscenity law in the United States is based on Miller vs. California, a precedent set in 1973:
&#8220;(a) whether the &#8216;average person, applying contemporary community standards&#8217; would find that the work, taken as a whole, appeals to the prurient interest,
(b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by [...]]]></description>
			<content:encoded><![CDATA[<p>Obscenity law in the United States is based on <a href="http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&amp;vol=413&amp;invol=15">Miller vs. California</a>, a precedent set in 1973:</p>
<blockquote><p>&#8220;(a) whether the &#8216;<strong>average person</strong>, applying contemporary <strong>community standards&#8217;</strong> would find that the work, <strong>taken as a whole</strong>, appeals to the <strong>prurient interest</strong>,</p>
<p>(b) whether the work depicts or describes, in a <strong>patently offensive</strong> way, sexual conduct specifically defined by the applicable state law, and</p>
<p>(c) whether the work, taken as a whole, <strong>lacks serious</strong> literary, artistic, political, or scientific value.&#8221;</p></blockquote>
<p>Of course, the definition of an average person or community standards isn&#8217;t quite as black and white as most Supreme Court decisions. In a new take, the lawyer defending the owner of a  pornography site in Florida is using <a href="http://www.google.com/trends">Google Trends</a> to produce what he feels is a more accurate definition of community standards:</p>
<blockquote><p>In the trial of a pornographic Web site operator, the defense plans to show that residents of Pensacola are more likely to use Google to search for terms like “orgy” than for “apple pie” or “watermelon.” The publicly accessible data is vague in that it does not specify how many people are searching for the terms, just their relative popularity over time. But the defense lawyer, Lawrence Walters, is arguing that the evidence is sufficient to demonstrate that interest in the sexual subjects exceeds that of more mainstream topics — and that by extension, the sexual material distributed by his client is not outside the norm.</p></blockquote>
<p>Below, “surfing” in blue, “orgy” in red, and “apple pie” in orange:</p>
<p><a href="http://www.google.com/trends?q=surfing%2C+orgy%2C+apple+pie&amp;ctab=0&amp;geo=US&amp;geor=usa.fl&amp;date=all&amp;sort=0"><img src="http://benfry.com/wp/wp-content/uploads/2008/06/viz-500.png" alt="viz-500.png" /></a></p>
<p>A clever defense. The trends can also be localized to roughly the size of a large city or county, which arguably might be considered the “community.” The <em>New York Times</em> <a href="http://www.nytimes.com/2008/06/24/technology/24obscene.html">article</a> continues:</p>
<blockquote><p>“Time and time again you’ll have jurors sitting on a jury panel who will condemn material that they routinely consume in private,” said Mr. Walters, the defense lawyer. Using the Internet data, “we can show how people really think and feel and act in their own homes, which, parenthetically, is where this material was intended to be viewed,” he added.</p></blockquote>
<p>Fascinating that there could actually be something even remotely quantifiable about community standards. “I know it when I see it” is inherently subjective, so is <em>any</em> introduction of objectivity an improvement? For more perspective, I recommend <a href="http://library.findlaw.com/2003/May/15/132747.html">this article</a> from FindLaw, which describes the history of “Movie Day” at the Supreme Court and the evolution of obscenity law.</p>
<p>The trends data has many inherent problems (lack of detail for one), but is another indicator of what we can learn from Google. Most important to me, the case provides an example of what it means for search engines to capture this information, because it demonstrates to the public at large (not just people who think about data all day) how the information can be used. As more information is collected about us, search engine data provides an imperfect mirror onto our society, previously known only to psychiatrists and priests.</p>
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