privacy in the age of forever

i've written before about what i think privacy is, though classifying it as an obscurity-based strategy for satisfying a basic need for safety was very high level and abstract. it could also be taken the wrong way, since people often think about safety as only applying to their physical person (i.e. physical safety). our physical bodies aren't the only thing we want to keep safe, of course. our families, our property, our reputations, our opportunities, etc. are all things we want to keep safe, all things we want to protect, and all things for which privacy can help offer some protection.

privacy is often described in terms of controlling information but on reading danah boyd's thoughts on privacy i realized it can and should be expressed a different way. controlling information is the means by which privacy is often accomplished, but it's not what privacy is actually about. while i don't agree with the narrow scope boyd used ('asserting control over social situations'), at it's root was a kernel of truth. while the means by which privacy is achieved may be the control of information, the point is the control of outcomes related to that information, whether they be social outcomes, business outcomes, educational outcomes, housing outcomes, health outcomes, political outcomes, legal outcomes, etc.

controlling outcomes is, of course, the point of any strategy. the thing about strategies, though, is that their appropriateness depends heavily on the situation, and what people largely don't realize is that there is a situation which is becoming increasingly ubiquitous under which many traditional privacy strategies don't work very well.

in the online world everything is recorded and stored for consumption at a different time or in a different place. it is essentially a persistent medium through which we can interact with each other. this is a significant point because for most of human history the real world has largely been an ephemeral medium for interaction. our behaviour, the strategies that we develop as we mature in the real world take great advantage of the ephemeral nature of our interactions with others. if you weren't present the day your best friend made a hurtful comment about you to others in your peer group then you missed out, that experience is gone, "you had to be there" as it were. this ephemeral property of the event, the fact that the information only exists in a very particular point in time and space, serves to restrict access to that information to only those who were present at the same point in time and space.

once we start interacting online that ephemeral property ceases to exist, so access to the information that we might have otherwise expected to be restricted due to it's ephemeral nature is no longer restricted in that way. we often don't realize that, however, because we take that 'ephemeral-ness' for granted. it's not easy adapting to a situation where that no longer applies.

for example, imagine for a moment that every word you speak goes into a speech bubble above your head, like in the comic books, except unlike the comics the speech bubble doesn't go away, it stays with you and allows people to read what you said 5 minutes ago or even 5 hours ago. every swear word, every uncharitable thought uttered under your breath in the heat of the moment, everything. can you imagine how you'd adapt to that sort of situation? you'd probably censor yourself a lot more than you currently do - since your utterances have become persistent the natural adaptation that would allow you to continue to control the outcomes associated with what you say is to say far less.

at first blush that might not seem unbearably bad, but let's take things a step farther because that example really only dealt with your words. this time (this is inspired by danah boyd's post, by the way), imagine you are stuck in a very large room and surrounded by everyone you ever have and ever will meet. imagine trying to live your life in this room. how do you play with your toddler in front of your business partner or a potential client? how do you woo your future wife in front of your children or your parents? how do you hang out with your high school friends in front of your future employers? how do you project an image of cool professionalism to people who saw you fall face first in a mud puddle? again, in such a situation, surrounded by people from disparate contexts of your life, the natural adaptation is to reduce the amount of information that you reveal about yourself, but think about those questions; there are certain outcomes that can't reasonably happen without revealing sensitive things about yourself.

these examples may seem absurd, but this is what it means to interact in a persistent medium. anyone, anywhere, at any time can (in theory) see the footprints you've left in that medium. your interactions in a persistent medium transcend time and space, allowing people to effectively 'TiVo' your life (or at least the portion of it that's been recorded).

obviously this represents an unacceptable state of affairs for online interaction. there's very little utility in it if it requires such profound self-censorship. that's the reason that technological privacy controls and privacy settings were invented - to help replace the access control that was lost when the information became recorded. unfortunately the technological controls don't operate the same way that ephemerality does, so trying to achieve a simliar outcome with them is complicated and often not intuitive.

sean sullivan (at least i assume it was that sean) made a post on the f-secure blog that highlighted a talk given by clay shirky where he said (as quoted by sean) that "managing privacy isn't natural". technically what shirky said was that managing privacy settings isn't natural. we manage privacy every day in every interaction we make with others, but managing privacy settings by definition can't be natural because the settings themselves are artificial. this has implications for the kind of privacy one can achieve though managing such settings - it is itself an artificial, man made analog to natural privacy, and prone not only to being incomplete in comparison to it's natural counterpart but also to breaking down as all man made things do.

but as untrustworthy as that sounds, it will have to be good enough, because we can't turn back the hands of time or halt progress. we can't even opt out of the persistent medium. oh, we might get away with staying out of the online world ourselves, but persistence is intruding into the real world more and more. public photography, for example, is turning the public sphere (which used to represent an ephemeral medium) into a much more persistent medium than it used to be. this can be a good thing when it helps to expose things like police brutality, but it poses a not insignificant problem for us as a society.

paul ducklin raised some concerns about this very problem last year on the sophos blog. at the time i didn't think his concept of public privacy made much sense, but when examined through the lens of a traditionally ephemeral medium of interaction being changed into a persistent one without people noticing or appreciating the consequences for their existing privacy strategies, it starts to be clear (to me) that this is a problem that deserves some consideration. i wouldn't consider it an invasion of privacy, per se, but perhaps it would qualify as a subversion of privacy, since it changes the environment to one where the strategies people were using to control outcomes no longer work properly, and it does so without making it clear that that had happened.

are we ready for the implications of living in a world where our actions live on beyond the moment? i don't really know. certainly we can manage our privacy settings online, and maybe we can obscure our identifying features offline (though that may interact poorly with some of our cultural norms) so that public photography becomes less of an issue. i just wonder if explaining to the next generation what it was like before everything became persistent will be the last time we ever get to use the phrase "you had to be there".

public privacy is an oxymoron

i was just reading (yes, i know i'm behind) this post by paul ducklin about public unprivacy and i was struck by how absurd it sounded. perhaps things are different in australia but where i come from there is no reasonable expectation of privacy in public spaces. this isn't new, either, it's been this way for a long, long time - long before google arrived on the scene, that's for sure.

apologies to paul, but he seems to be misapplying the concepts of privacy outside the scope where it makes sense. i've seen similar things in my professional career as well. even so-called 'privacy experts' seem to want to try and get the benefits of privacy in situations where it just doesn't work.

privacy has limits. there are situations where the strategies that comprise privacy make sense and work well and there are situations where they fail for practical reasons. it doesn't matter if keeping X private would be useful or desirable, if the practical realities prevent it then privacy is the wrong tool. being out in public where everyone can see you is one situation where privacy logically can't work (unless perhaps you wear a shroud, but even then only if lots of other people are wearing shrouds too and only if one can't tell the shrouds apart).

i see london,
i see france,
i see the colour of paul ducklin's pants.

preventing filming in public doesn't protect or restore anyone's privacy. if you're in public then the public can still see you, they can see where you're headed, what you're wearing, what you're holding, who you're with, etc. everything that could be photographed can still be seen by the people around you. all preventing filming will do is make it more difficult to disseminate the information you were misguidedly trying to keep private in public. that information hasn't really remained private, it's just harder to share in some cases.

one wonders, if public photography were limited (and british cops, with their penchant for harassing photographers, would love such a policy) what would come next? would public twittering become outlawed? after all with a cellphone i could just as easily tweet that tom cruise and katie holmes are walking down john street and give away as much information as i could with a photo, if not more (a photo might not give any geo-location data - and real-time geo-location data is something celebrities really don't want getting out there). perhaps we should outlaw public observation in it's entirety.

in order to effectively protect ourselves it's important to know when and how to apply the various protective strategies at our disposal. privacy doesn't work in public - you can't magically stop people from seeing/hearing/sensing you. when we step out into a public space it should be understood that everything people can see or hear is no longer hidden and therefore not private. if there's something we want to keep private it's necessary to keep it hidden away where people can't get access to it, which means not bringing it out into a public space.