Would You Surrender Your Privacy for A Chocolate Bar?
How valuable is your online privacy? Would you pay for it? Or would you, like some research subjects, surrender your computer password in exchange for a chocolate bar or a cup of premium coffee?
Tech critic Declan McCullagh used the occasion of Data Privacy Day 2010 to ponder these questions, contrasting the long, sad history of failed Internet startups that tried to sell individuals online privacy protections with the success of companies whose business models rely on invading individuals’ privacy and selling personally identifiable information.
Experts and pundits polled by McCullagh attempted to explain the phenomenon. The Cato Institute’s Jim Harper argues that people simply aren’t as sensitive to privacy concerns as some advocates believe, while Carnegie Mellon professor Alessandro Acquisti thinks that individuals do care about privacy, but give up trying to protect it when confronted with an overwhelming amount of complicated information about privacy, especially when protecting one’s privacy doesn’t provide an immediate benefit.
Not lost on McCullagh is the irony that one of the major sponsors of Data Privacy Day 2010 is Lexis-Nexis, who buys public records and personal data (and sometimes wrongfully discloses that personal data) and in turn sells software that promises to establish connections between people and to locate people instantly on behalf of law enforcement.
The full article is available online here.
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Data Privacy Day, Education, and Action
Happy Data Privacy Day! Data Privacy Day (January 28, 2010) encourages a dialogue among businesses, individuals, government agencies, non-profit groups, academics, teachers and students about how advanced technologies affect our daily lives. This dialogue connects directly with ALA’s effort to spark a national conversation about privacy in America and we are pleased to recognize this event!
It’s been a busy week in the realm of privacy and technology. Today, the Federal Trade Commission is hosting one in a series of day-long “Explore Privacy” public roundtable discussions to consider key privacy challenges posed by 21st century technology and business practices that collect and use consumer data. Those of us unable to attend in person have been able to connect to the live webcast, learn about the session online, and follow the #ftcprivacy tag on Twitter.
Earlier this week, representatives from nonprofits, consumer groups, industry, and government gathered in D.C. for the 6th Annual State of the Net Conference. Issues of privacy and security emerged as key considerations throughout the conference, in sessions ranging from copyright and cloud computing to free expression and social media. Our friends at the Center for Democracy & Technology provided a live broadcast of conference sessions, which are archived and available here.
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Choose Privacy Week event in Boston
You’re invited! Help us launch Choose Privacy Week at a fun and exciting event, featuring social critic Hal Niedzviecki, author of The Peep Diaries: How We’re Learning to Love Watching Ourselves and Our Neighbors (City Lights Books, 2009).
This event will take place during the ALA 2010 Midwinter Meeting from 4 – 5 p.m. on Saturday, January 16, in Room 252 A/B of the Boston Convention & Exhibition Center, and will offer snacks and beverages for attendees. ALA President Camila Alire will be in attendance to welcome Niedzviecki and to introduce ALA’s first-ever Choose Privacy Week.
Niedzviecki’s talk will focus on what he terms the age of “peep culture”: a tell-all, show-all, know-all digital phenomenon that is dramatically altering notions of privacy, individuality, security, and even humanity. Peep culture is rapidly causing some of the core values and rights we once took for granted to be renegotiated, often without our even noticing. Following the program, the author will sign copies of The Peep Diaries, which will be given away for free to the first 100 attendees.
The event will also highlight key resources to aid libraries participating in the first-ever Choose Privacy Week, which will take place May 2-8, 2010. This civic engagement campaign invites library users into a national conversation about privacy rights in a digital age. Those attending the Saturday event at Midwinter will learn about new tools for libraries that will help to educate and engage their users, and encourage citizens to think critically and make more informed choices about their privacy. An exclusive discount and limited giveaway items will be provided at the event. Don’t miss it!
Those unable to attend can follow the event on Twitter. For more information, contact Angela Maycock, Assistant Director, Office for Intellectual Freedom, at
or (312) 280-4221.
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Library Programs and Events on Privacy
Has your library hosted a program or event on privacy issues? Do you have ideas for speakers, workshops, or discussions? Activities for library users on privacy? We want to hear from you!
The Choose Privacy Week Resource Guide will include out-of-the-box programming for libraries of all types. But we know that libraries across the country are hosting fantastic programs on privacy. We hope you’ll use the comments section to share your ideas, experiences, and resources. We also encourage you to visit Programming Librarian (a project of ALA’s Public Programs Office) for more great ideas and resources.
How are you raising awareness and engaging library users on privacy issues in your community?
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Update on PATRIOT Act Renewal
(Revised and reposted with permission from the OIF blog)
On Thursday, October 8, 2009, the Senate Judiciary Committee voted 11-8 to send the PATRIOT Act reauthorization bill to the full Senate. The New York Times and the Associated Press provide an overview of the hearing.
Senator Sessions (R-AL) offered several amendments that further limited provisions intended to increase civil liberties protections. All the amendments were adopted.
Of greatest interest to the library community is Sessions’ amendment to the proposed higher Section 215 standard for library records. The amendment eliminates the language “records pertaining to libraries” so that the higher standard only applies to library circulation records. Library records other than circulation records will therefore be subject to the same relevance standard applicable to all other business records and tangible things sought by a Section 215 order, even if such records associate users with the use of electronic books and other resources. For library circulation records, the government would have to prove that the records sought pertain to an agent of a foreign power, to a person in contact with or known to an agent of a foreign power, or to the activities of an agent of a foreign power.
Sessions’ amendments also alter proposed language that would have placed limits on NSL gag orders. One amendment eliminated the requirement that the FBI review all NSL non-disclosure orders on an ongoing basis and rescind the gag order when circumstances no longer warrant continuing it; instead, the FBI will only be required to review the facts supporting a gag order when an NSL recipient notifies the FBI that it would like the gag lifted. The second NSL amendment eliminated the court’s discretion on lifting a gag order: if the government makes the necessary showing, the court has no discretion to lift the gag; it “shall” keep it in place (previous language used “may”.)
The remaining Sessions amendments limited the minimization requirements for pen register/trap-and-trace orders.
Notably, Senator Durbin (D-IL) offered an amendment that would have imposed higher standards on NSLs. It was voted down.
Senator Feingold (D-WI) offered an amendment to impose minimization standards on the data collected by NSLs; it passed. But Senator Kyl (R-AZ) asked for, and won, an amendment that eliminated the requirement that the FBI offer “specific and articulable” facts to show that the NSL is relevant to an investigation; instead, the FBI will only be required to show “specific facts.“
(Thanks to the Center for Democracy and Technology for sharing their report on the hearing.)
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Google Books and Reader Privacy
Universal online access to search the full text of all the world’s books—it’s a vision that speaks to the heart of libraries’ mission to connect people with ideas. The Google Books Library Project has a noble goal—“to work with publishers and libraries to create a comprehensive, searchable, virtual card catalog of all books in all languages that helps users discover new books and publishers discover new readers.“
What could go wrong?
Plenty, as it turns out.
Google was sued by a group of publishers and authors to address copyright and other intellectual property issues, and the resulting proposed legal agreement—the Google Books Settlement—outlines the terms under which Google will be able to provide access to the 7 million books it has already scanned, and the millions more it will make available in the future. For more information on the settlement, including wonderful summaries that help simplify this very complex document, see the GBS page created by ALA’s Washington Office.
One of the most significant issues with the Google Books project is reader privacy, which is not addressed in the settlement. In a library, readers can browse anonymously and the privacy of library records is protected by state confidentiality laws, library policies, and the shared ethical framework of librarians. How will Google protect reader privacy?
In response to concerns from the library community, privacy activists, and others, Google has released a privacy policy specific to its Google Books service, which addresses many of the issues that have been raised. It’s a great start, but does it go far enough in ensuring that readers’ First Amendment rights aren’t chilled by the potential for monitoring and surveillance?
The Google Books Settlement impacts the rights of publishers, booksellers, libraries, authors, Google itself, and—most significantly, yet perhaps least considered—the rights of consumers and readers of digital books. Libraries and privacy advocates will continue to follow this situation and to fight for the privacy rights of all readers.
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Expectations of Privacy
Do you have an "expectation of privacy"? The term doesn't just refer to your attitude about your personal information, however. In the legal realm, it's a constitutional test that determines the circumstances under which the government can invade personal privacy.
Bruce Schneier raises the issue of privacy and the Fourth Amendment, which protects against unreasonable search and seizure. In light of evolving technologies and social norms that encourage the disclosure of personal information, he questions our expectation of privacy in the digital realm. Is it reasonable to expect that our emails be private? Our phone calls? Our web browsing?
In libraries, privacy ranks highly as a professional value, expectation, and commitment. In fact, the American Library Association "affirms that rights of privacy are necessary for intellectual freedom and are fundamental to the ethics and practice of librarianship."
Schneier links to three legal scholars for different perspectives on the issue. Perhaps the most important point in the article, however, is his emphasis on "stating the - obvious to me - individual and societal value of privacy, and giving privacy its rightful place as a fundamental human right." It's this value as a fundamental human right that makes privacy such a pressing issue today - for libraries and beyond.
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You Say You Want a Revolution
"Well, you know, we all want to change the world..."
The Beatles may not have had privacy in mind when they sang about a revolution, but it's an issue that's on the minds of people all over the world today. More and more of us see that privacy has grown into one of the most pressing issues of our time, but can we say we want a revolution? Do we all want to change the world? And, most importantly, are we ready to stand up and make it happen?
We believe that all of those questions can be answered with a resounding YES, and we're here to help you change the world.
Who is this "we," anyway? We're the American Library Association's Office for Intellectual Freedom. We're working with libraries across the country to start a national conversation on privacy - an open dialogue, a chance to learn about the issues, and an opportunity to take action. So take a look around. Let us know what you think. We'll be adding more content and more resources all the time, so check back for the latest information.
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Protecting Privacy Moves into the Mainstream
For libraries in America, protecting privacy has always been a major concern. In fact, libraries in this country have been talking about privacy for library users since 1939, when privacy first showed up in the ALA Code of Ethics.
Why do librarians care about privacy? It's simple. Privacy is the foundation for our exercise of free speech, free thought, and free association. It's our right "to open inquiry without having the subject of one's interest examined or scrutinized by others." Libraries connect people and information, and so we care greatly about library users' ability to read, learn, explore, and form their own opinions - in private.
Meanwhile, privacy has quietly developed into a mainstream concern outside of libraries as well. "Privacy Protection is Now a Centrist Issue" - it's no longer on the fringe, or seen as "just" an industry issue, a legislative issue, or a library issue.
Instead, privacy is a free speech issue - an intellectual freedom issue - and, ultimately, an American issue.
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