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From: Jonah Bossewitch <jb2410@columbia.edu>
To : <CPC@emoglen.law.columbia.edu>
Date: Fri, 27 May 2005 19:00:40 -0400
Paper #2
(slightly belated).
Have a great summer everyone.
enjoy,
/Jonah
Jonah Bossewitch
Computers Privacy and the Constitution
Prof. Eben Moglen
Paper #2, Spring 2005
Unforgetable In Every Way (and forever more):
Personal and Social Implications of Pervasive Omniscient Surveillance
“He told me: I have more memories in myself alone than all men have
had since the world was a world. And again: My dreams are like your
vigils. And again, toward dawn: My memory, sir, is like a garbage
disposal.”
- Funes, the Memorious[1]
Millennium Flux
The physical sciences make frequent use of a measurement known as
flux: the rate of flow of “stuff” passing through a given surface.
The flow of particles, fluids, heat, and electro-magnetic fields can
all be quantitatively described by this analysis, yielding
interesting generalizations and predictions[2]. The description of
this flow has a geometric representation that is useful for imagining
the logical space of possibilities. Important laws have been
formulated based on the rate and net passage of “stuff” across the
boundaries of the surfaces being studied[3].
This form of analysis can help us conceptualize the quality and shape
of the surveillance society that we are in the midst of co-
constructing. While the sheer quantity of information changing hands
is certainly an important factor in the current transformation we are
witnessing, arguably as important is the gradient of the information
flow, and whether the flux is negative, positive, or neutral.
Consider our “personal information clouds” as metaphoric enclosing
surfaces[4]. The information flux is all the information that passes
through this boundary. We are incontrovertibly on a trajectory
towards a world where data collection and analysis is ubiquitous and
pervasive[5]. However, there are three variations in the net flux of
information whose future character is not yet determined.
Simply put, regardless of the quantity of the information being
captured, identity-space can be divided into three possible outcomes,
in geometrical terms: 1) Others know more about you than you do —
likely corporations, governments, or the power elite. 2) You know
more about yourself than others do — e.g. the BioPort[6]. 3) Everyone
has equal access to everyone else’s information — total transparency[7].
A corollary of this detailed and permanent history is an increasing
ability to predict and foretell future behavior[8]. Again, the
variations of information flux will determine who has access to these
predictions, potentially impacting our traditional understanding of
determinism and freedom, and in turn, personal responsibility.
We will return to these three possible futures after we explore some
of the personal and social consequences that might accompany a world
where memory is permanent, and forgetting is a thing of the past.
Secrets and Lies
The relationship between Memory and Identity has been a mainstay of
Science fiction, psychology, and philosophy for centuries[9]. The
terrain most often explored is the connection between the loss of
memories or amnesia and the ways which this compromises and threatens
personal identity[10]. However, an exploration of permanent memories,
the flipside of memory loss, has been sorely neglected. This is the
specter raised by total surveillance, and is an idea that we ought to
focus our imaginations on sooner rather than later. Permanent
memories are sure to have implications as severe and disruptive as
any of the ones depicted in the classical treatments of this theme.
Freud and his followers postulated a depth model of psychology in
which suppression, repression, and the ability to forget is a vital
aspect of our psychological makeup. These defense mechanisms, which
allow us to maintain our sense of self, rely upon our ability to
selectively recall and subconsciously filter the personal narratives
that are consistent with the reality we want to believe. Our ability
to cope with trauma and stress depends upon the function of
forgetting. I doubt I am alone in contemplating the horror of
revisiting the details of grade school with the precision of modern
day surveillance apparatus. And yet, this is the world that we are
on the verge of establishing, without the slightest consideration of
the consequences, for every child born in the 21st century.
Perhaps more shocking than memories that can’t be filtered and don’t
dissipate, is the impact that surveillance might have on deception.
Arguably, modern day society is founded on lies[11], ranging from
small little white lies between friends and neighbors, to corporate
advertising and marketing, to Orwellian political spin, to the lies
we tell ourselves to preserve and maintain a likeable version of our
self (in spite of any evidence to the contrary). Pervasive
surveillance threatens to rip apart the fabric of deception that
currently binds together social groups, nations, and individuals.
Demonstrating the central role of deception in our society is beyond
the scope of this paper, but consider a few categorical examples.
Consider the power of shame and embarrassment evident in blackmail
and the tabloids. Consider the cover-ups and disclosures that ruin
relationships, careers, and reputations. Consider the importance of
secrecy in business and love. All of these forms of deception could
potentially be impacted by the transition to a surveillance society.
Instead of allowing these changes to overtake us by surprise, we
should actively be studying and anticipating their effects.
The net flux of information described earlier will have a significant
impact upon the constructs that form the basis for our current model
of western society. Depending upon whether the net information flux
is negative, positive, or neutral we will begin to see dramatic
shifts in the balance of knowledge and power that exists between
citizens and governments, consumers and corporations, and even
individuals and others.
Preliminary Conclusions
Considering what is at stake, we have an obligation to proceed with
rigor and caution when introducing technologies whose implications
can potentially disrupt the structure of our personal identities and
social networks. The differences between a negative, positive, and
neutral information flux need to be analyzed in greater depth.
Intuitively, it seems that knowing more about yourself than anyone
else does is something that we have traditionally taken for granted,
and may even form a central aspect of our identities. The
perturbation of this traditional balance has implications we are just
now beginning to perceive.
It also seems clear that a technology like the BioPort, which allows
individuals to maintain a positive information flux, describes a
markedly different reality than a transparent society. A society in
which the flow of information is centered around the individual, as
opposed to away from them. Prevailing currents are attempting to
steer this flow away from the individual, into the waiting hands of
those who would benefit from the power and control that this negative
flux would provide them.
I am not optimistic that under perfectly free market conditions, a
transparent society would effectively provide every individual with
choices mirroring their best interests. Herbert Marcuse has argued
that the Western liberal democracies are, ‘totally administered
societies’ permeated by the values of consumerism, in which the
manufacture and satisfaction of ‘false needs’ serve to prevent the
working class from gaining any genuine insight into their situation
[12]. I am deeply concerned that a negative or even a neutral
information flux will compound this situation, and result in
increased domination and subjugation of the oppressed.
This preliminary analysis indicates that maintaining a positive
information flux is essential for us to maintain any semblance of
autonomy and freedom. Even with this condition met, the quantity of
information will undoubtedly alter our sense of self, as we lose the
ability to hide information from ourselves, and collectively embark
on journeys of self-discovery. The application of predictive modeling
to our own behavior, will also allow for greater opportunities for
reflection and planning, and provide us with a greater understanding
of the consequences of our actions.
The future is still up for grabs.
[1] Borges, Jorge Luis. Funes, The Memorius. Labyrinths. (NY: New
Directions, 1969)
[2] Halliday, David, and Robert Resnick, Fundamentals of Physics (New
York,: Wiley, 1974)
[3] e.g. Newton, Issac. Philosophiae Naturalis Principia Mathematica
(1687), and Maxwell, James Clerk, "On Physical Lines of Force". (1861).
[4] Personal InfoClouds is a term introduced to describe the data
that person interacts with daily, which accompanies them wherever
they go. Sometimes attributed to: Mik Lamming and Mike Flynn. Forget-
me-not: Intimate Computing in Support of Human Memory. In Proceedings
of the ‘94 Symposium on Next Generation Human Interface. Feb, 1994
[5] Jay Stanley and Barry Steinhardt, Bigger Monster, Weaker Chains,
The Growth of an American Surveillance Society, ACLU Technology and
Liberty Program, January 2003.
And, Robert O'Harrow, Jr., No Place To Hide (2005).
[6] Introduced in the first part of this paper: Becoming Your Own Big
Brother: A Paradoxical Approach for Retaining Control of Personal
Freedom http://moglen.law.columbia.edu/CPC/discuss/77.html
[7] Chris Nolan, Can Exposing Personal Info Preserve Privacy?, e-
week, December 2, 2004 http://www.eweek.com/
article2/0,1759,1734667,00.asp.
[8] Computer Scientists and Artificial Intelligence researchers have
been working on this problem since the dawn of the discipline.
Simulations, Games, Time-series analysis, Markov Models, Neural
Networks, etc, are all the precursors of predictive behavior
modeling. All that is missing is the input data, which we are in the
process of remedying.
[9] A seminal 20th century analytical treatment of personal identity
is: Reasons and Persons . Derek Parfit. Oxford University Press.
Oxford Scholarship Online. Oxford University Press. 1986
[10] Memento (1996), Eternal Sunshine of the Spotless Mind (2004), La
Jetée (1962), Twelve Monkeys (1995), Vertigo (1958), Total Recall
(1990), Paycheck (2003), etc etc.
[11] Or, more accurately, founded on bullshit, balderdash, and lies.
Frankfurt, Harry. "On Bullshit." Raritan 6 (1986): 81-100.
[12] Herbert Marcuse. One Dimensional Man: Studies in the Ideology of
Advanced Industrial Society. (1964) Boston: Beacon Press, 1991.
cpc-moglen-bossewitch-s05.rtf
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