Data and Goliath (66 page)

special clothing to confuse drones:
Adam Harvey (2013), “Stealth wear,”
AH Projects
, http://ahprojects.com/projects/stealth-wear.

there are lots of tricks:
A good list of techniques is here. Finn Brunton and Helen Nissenbaum (2 May 2011),
“Vernacular resistance to data collection and analysis: A political theory of obfuscation,”
First Monday
15, http://firstmonday.org/article/view/3493/2955.

puts rocks in his shoes:
That trick also appears in Robert A. Heinlein’s
Double Star.
Robert A. Heinlein (1956),
Double Star
, Doubleday, http://books.google.com/books?id=bnoGAQAAIAAJ.

your kids do it all the time:
danah boyd et al. (7 Nov 2011), “Why parents help their
children lie to Facebook about age: Unintended consequences of the ‘Children’s Online
Privacy Protection Act,’”
First Monday
16, http://firstmonday.org/ojs/index.php/fm/article/view/3850/3075.

that was socially awkward:
Overcoming this awkwardness is important. There’s a story where a customer refused
to give Comcast a reason why he was disconnecting. At first, it seems rude. But when
you think about it, Comcast is not entitled to this information. Xeni Jardin (14 Jul
2014), “Listen to Comcast torture Ryan Block and Veronica Belmont as they try to cancel
service,”
Boing Boing
, http://boingboing.net/2014/07/14/listen-to-comcast-torture-ryan.html.

You’ll find your own sweet spot:
Julia Angwin wrote an excellent account of her year-long quest to evade surveillance
in the Internet age. Julia Angwin (2014),
Dragnet Nation: A Quest for Privacy, Security, and Freedom in a World of Relentless
Surveillance
, Times Books, http://books.google.com/books?id=bbS6AQAAQBAJ.

Geopolitical conflicts aren’t going away:
Stewart Baker makes this point. Stewart A. Baker (29 Oct 2013), “Potential amendments
to the Foreign Intelligence Surveillance Act,” Testimony before the Permanent Select
Committee on Intelligence of the United States House of Representatives, http://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Baker10292013.pdf.

NSA director General Keith Alexander said:
David E. Sanger (13 Aug 2013), “NSA leaks make plan for cyberdefense unlikely,”
New York Times
, http://www.nytimes.com/2013/08/13/us/nsa-leaks-make-plan-for-cyberdefense-unlikely.html.

You’re going to be affected:
DLA Piper (7 Mar 2013), “Data protection laws of the world,” DLA Piper, http://files.dlapiper.com/files/Uploads/Documents/Data_Protection_Laws_of_the_World_2013.pdf.

because Microsoft is a US company:
In 2014, Microsoft unsuccessfully challenged a US demand for data stored solely in
Ireland. The court demanded that the company turn it over to the US government. The
decision is currently stayed while it is being appealed. Joseph Ax (31 Jul 2014),
“U.S. judge orders Microsoft to submit customer’s emails from abroad,” Reuters, http://www.reuters.com/article/2014/07/31/usa-tech-warrants-idUSL2N0Q61WN20140731.

The UK wants similar access:
Guardian (19 Sep 2014), “Former UK ambassador to the United States given data-access
role,”
Guardian
, http://www.theguardian.com/technology/2014/sep/19/sir-nigel-shienwald-data-access-role-david-cameron.

Apple’s business model protects:
Rich Mogull (25 Jun 2014), “Why Apple really cares about your privacy,”
Macworld
, http://www.macworld.com/article/2366921/why-apple-really-cares-about-your-privacy.html.
Charles Arthur (18 Sep 2014), “Apple’s Tim Cook attacks Google and Facebook over privacy
flaws,”
Guardian
, http://www.theguardian.com/technology/2014/sep/18/apple-tim-cook-google-facebook-privacy-surveillance.

Do you trust a company:
European countries allow for far more permissive government access than the US does.
Cyrus Farivar (13 Oct 2013), “Europe won’t save you: Why e-mail is probably safer
in the US,”
Ars Technica
, http://arstechnica.com/tech-policy/2013/10/europe-wont-save-you-why-e-mail-is-probably-safer-in-the-us.

European Court of Justice struck down:
James Kanter (8 Apr 2014), “European court rejects data retention rules, citing privacy,”
New York Times
, http://www.nytimes.com/2014/04/09/business/international/european-court-rejects-data-retention-rules-citing-privacy.html.

the UK government rushed through:
David Meyer (17 Jul 2014), “The UK’s ‘emergency’ DRIP surveillance law is now a done
deal,”
Gigaom
, http://gigaom.com/2014/07/17/the-uks-emergency-drip-surveillance-law-is-now-a-done-deal.

It was an ugly political railroad job:
Ray Corrigan (11 Jul 2014), “Mass surveillance and scared politicians,”
B2fxxx
, http://b2fxxx.blogspot.com/2014/07/mass-surveillance-and-scared-politicians.html.

sites that identify surveillance cameras:
No CCTV, http://www.no-cctv.org.uk/camera_locations/default.asp. The CCTV Treasure
Hunt, http://cctvtreasurehunt.wordpress.com. NYC Surveillance Camera Project, http://www.mediaeater.com/cameras.

South Korean teachers objecting:
Christian (24 Jun 2004), “After the Saturday large demonstration against NEIS South
Korean government shows how it understand the democracy,”
Jinbo
, http://act.jinbo.net/drupal/node/5819. Seoyong Kim and Sunhee Kim (Oct 2004), “The
conflict over the use of information technology in South Korean schools,”
Innovation
17, http://ajou.ac.kr/~seoyong/paper/Seoyong%20Kim-2004-The%20Conflict%20Over%20the%20Use%20of%20Information%20Technology.pdf.

German consumers opposing:
IBM Corporation (16 Dec 2004), “METRO Group’s Future Store takes German public by
storm—thanks to wireless technology,” ftp://ftp.software.ibm.com/software/solutions/pdfs/10704035_Metro_cs_1b.pdf.
Kim Zetter (28 Feb 2004), “Germans protest radio-ID plans,”
Wired
, http://archive.wired.com/techbiz/media/news/2004/02/62472. Jan Libbenga (1 Mar 2004),
“German revolt against RFID,”
Register
, http://www.theregister.co.uk/2004/03/01/german_revolt_against_rfid.

Facebook users objecting:
K. C. Jones (17 Feb 2009), “Facebook’s terms of use draw protest,”
Information Week
, http://www.informationweek.com/software/social/facebooks-terms-of-use-draw-protest/d/d-id/1076697.
Bobbie Johnson and Afua Hirsch (18 Feb 2009), “Facebook backtracks after online privacy
protest,”
Guardian
, http://www.theguardian.com/technology/2009/feb/19/facebook-personal-data.

US airline travelers objecting to:
Ashley Halsey III and Derek Kravitz (25 Nov 2010), “Protests of TSA airport pat-downs,
body scanners don’t delay Thanksgiving travel,”
Washington Post
, http://www.washingtonpost.com/wp-dyn/content/article/2010/11/24/AR2010112406989.html.
Jason Keyser (25 Oct 2012), “TSA quietly removing some full body scanners,” Associated
Press, http://bigstory.ap.org/article/government-replaces-body-scanners-some-airports-0.

It’s how worldwide change happens:
It’s the idea of incremental change, or muddling through. Charles E. Lindblom (Spring
1959), “The science of ‘muddling through,’”
Public Administration Review
19, http://www.jstor.org/stable/973677.

16: Social Norms and the Big Data Trade-off

No one in Congress read it:
Paul Blumenthal (2 Mar 2009), “Congress had no time to read the USA PATRIOT Act,”
Sunlight Foundation, http://sunlightfoundation.com/blog/2009/03/02/congress-had-no-time-to-read-the-usa-patriot-act.

almost everyone in the country:
Leonie Huddy and Stanley Feldman (Sep 2011), “Americans respond politically to 9/11:
Understanding the impact of the terrorist
attacks and their aftermath,”
American Psychologist
66, http://www.ncbi.nlm.nih.gov/pubmed/21823777.

tried to improve the messaging:
Tim Dawson (9 Jun 2014), “More like the Stasi than James Bond,” National Union of
Journalists, http://www.nuj.org.uk/news/more-like-the-stasi-than-james-bond.

if listeners are scared of terrorists:
Joseph H. Campos III (7 Sep 2013), “Memory and remembrance: The diffusion of fear,
horror and terror into control and legitimacy,” At the Interface, Mansfield College,
Oxford, UK, http://www.inter-disciplinary.net/at-the-interface/wp-content/uploads/2013/07/camposfhtpaper.pdf.

more congressional oversight:
Jack Goldsmith (9 Aug 2013), “Reflections on NSA oversight, and a prediction that
NSA authorities (and oversight, and transparency) will expand,”
Lawfare
, http://www.lawfareblog.com/2013/08/reflections-on-nsa-oversight-and-a-prediction-that-nsa-authorities-and-oversight-and-transparency-will-expand.

Fear trumps privacy:
Donna G. Bair-Mundy (Aug 2009), “Of terrorists, tyrants, and social turmoil: A competing-fears
theoretical model for the evolution of law relating to telecommunication privacy vis-a-vis
law enforcement surveillance in America,” University of Hawai’i at Manoa, http://books.google.com/books?id=8LveYgEACAAJ.
Samuel Best et al. (Dec 2012), “Al Qaeda versus Big Brother: Anxiety about government
monitoring and support for domestic counterterrorism policies,”
Political Behavior
34, http://link.springer.com/article/10.1007%2Fs11109-011-9177-6. Keven G. Ruby (2012),
Society, State, and Fear: Managing National Security at the Boundary between Complacency
and Panic
, University of Chicago Press, http://books.google.com/books?id=UPILnwEACAAJ.

If strong enough, it trumps all:
Dawn Rothe and Stephen L. Muzzatti (Nov 2004), “Enemies everywhere: Terrorism, moral
panic, and U.S. civil society,”
Critical Criminology
12, http://www.researchgate.net/publication/227209259_Enemies_Everywhere_Terrorism_Moral_Panic_and_US_Civil_Society/file/32bfe50d3c7fe0d03b.pdf.
David Rothkopf (6 Aug 2013), “The real risks,”
Foreign Policy
, http://www.foreignpolicy.com/articles/2013/08/06/the_real_risks_war_on_terror.

they believe they have to do:
It’s CYA security. Bruce Schneier (22 Feb 2007), “Why smart cops do dumb things,”
Wired
, http://archive.wired.com/politics/security/commentary/securitymatters/2007/02/72774.

Keeping the fear stoked:
Leaked NSA talking points specifically reference 9/11: “I much prefer to be here
today explaining these programs, than explaining another 9/11 event that we were not
able to prevent.” Jason Leopold (30 Oct 2013), “Revealed: NSA pushed 9/11 as key ‘sound
bite’ to justify surveillance,” Al Jazeera, http://america.aljazeera.com/articles/2013/10/30/revealed-nsa-pushed911askeysoundbitetojustifysurveillance.html.

Clay Shirky has noted:
Clay Shirky (14 Mar 2010), Remarks at South by Southwest (SXSW), Austin, TX, quoted
in Kevin Kelly (2 Apr 2010), “The Shirky principle,”
Kevin Kelly
, http://kk.org/thetechnium/2010/04/the-shirky-prin.

And then the laws will change:
Stewart Baker (24 Feb 2014), Remarks at 2014 Executive Security Action Forum Annual
Meeting, RSA Conference, San Francisco, California.

Jack Goldsmith again:
Jack Goldsmith (9 Aug 2013), “Reflections on NSA oversight, and a prediction that
NSA authorities (and oversight, and transparency) will expand,”
Lawfare
, http://www.lawfareblog.com/2013/08/reflections-on-nsa-oversight-and-a-prediction-that-nsa-authorities-and-oversight-and-transparency-will-expand.

we need to take risks:
I think the people of North Korea and Cuba are safe from terrorist attacks, but at
what price?

It’s not just politicians:
Bruce Schneier (17 May 2007), “Virginia Tech lesson: Rare risks breed irrational
responses,”
Wired
, http://archive.wired.com/politics/security/commentary/securitymatters/2007/05/securitymatters_0517

We also need to counter the notion:
The phrase is much older, from a Supreme Court decision. “The choice is not between
order and liberty. It is between liberty with order and anarchy without either. There
is danger that, if the Court does not temper its doctrinaire logic with a little practical
wisdom, it will convert the constitutional Bill of Rights into a suicide pact.” US
Supreme Court (16 May 1949), Opinion,
Terminiello v. Chicago
, http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=337&invol=1.

a sentiment based in fear:
Linda Greenhouse (22 Sep 2002), “Suicide pact,”
New York Times
, http://www.nytimes.com/2002/09/22/weekinreview/the-nation-suicide-pact.html.

What it says is something like this:
There’s even a book with the title. Richard A. Posner (2006),
Not a Suicide Pact: The Constitution in a Time of National Emergency
, Oxford University Press, http://books.google.com/books?id=hP6PAAAAMAAJ.

massacre in Norway:
Richard Orange (14 Apr 2012), “‘Answer hatred with love’: How Norway tried to cope
with the horror of Anders Breivik,”
Guardian
, http://www.theguardian.com/world/2012/apr/15/anders-breivik-norway-copes-horror.
Balazs Koranyi and Victoria Klesty (26 Apr 2012), “Tens of thousands protest at Norway
Breivik trial,” Reuters, http://in.reuters.com/article/2012/04/26/norway-breivik-protest-idINDEE83P0B720120426.
Tim Cushing (26 Jul 2012), “One year after the Breivik massacre, Norway continues
to fight terrorism with democracy, openness and love,”
Tech Dirt
, https://www.techdirt.com/articles/20120724/20363519819/one-year-after-breivik-massacre-norway-continues-to-fight-terrorism-with-democracy-openness-love.shtml.