The Future of Our Privacy
Jay Stanley
Senior Policy Analyst
Speech, Privacy and Technology Program
Editor, Free Future blog
jstanley@aclu.org
202-715-0818
I. THE CHALLENGE TO
OUR PRIVACY
The challenge to our privacy:
Technology
revolution
A burgeoning
security
establishment
Profit
Motives
The challenge to our privacy:
Technology
revolution
A burgeoning
security
establishment
Profit
Motives
Change at light
speed
“Disruptive
technologies”
Smart grid
DNA
Video
surveillance
Video Surveillance: a new era
Face recognition
Iris recognition
Behavioral
analytics
License plate
recognition
Location-tracking
The ultimate in location tracking:
Drones
Advanced imaging technologies
The Ultimate Example:
Total Information Awareness
NYC/Microsoft
“Domain Awareness System”
Meanwhile:
Moore’s Law
Charts: Zoomer Magazine, Computer Measurement Group
The Future of Moore’s Law
Intel Core i7-2600 Processor:
$294.99 on Newegg
The Future of Moore’s Law
Today: $294.99
The Future of Moore’s Law
Today: $294.99
In 20 years: $0.03
The Future of Moore’s Law
Also following Moore’s Law
20 years: 1,000-32,000x today’s power
Faster, cheaper – and smarter
Hans Moravec: 2020s
In whose interest?
How will AI be used?
Are we ready for all this?
The challenge to our privacy:
Technology
revolution
A burgeoning
security
establishment
The Security
State
• NSA: 30,000
employees
• CIA: 20,000
employees
• Others: many more
• Overall IC: at least
$57 billion
• Oversight? Not
much.
• FBI: 33,000
Swinging the telescope inward
FISA Amendments Act of 2008
 General Warrants. No specificity required. (All USLondon traffic?)
 Little judicial oversight. FISA court only reviews the
government’s “targeting” and “minimization.” No role
overseeing actual use of surveillance power.
 No limits on use of data. Huge databases, stored
forever, shared with anyone, re-used for any purpose.
 Domestic e-mails included. Location uncertain? Go
ahead!
 Immunity for lawbreakers. Don’t try this at home!
Cybersecurity
The challenge to our privacy:
Technology
revolution
A burgeoning
security
establishment
Profit
Motives
Internet advertising
Internet advertising
Data brokers & “big data”
www.aclu.org/surveillance
An emerging surveillanceindustrial complex
 Recruiting or pressing private companies into
service
 Partnerships with data companies
 Lobbying by companies for more
surveillance
Many options for
accessing private data
1.
2.
3.
4.
5.
Ask for data to be shared voluntarily
Simply buy information
Demand it using legal powers
“Bake in” surveillance
Create regularized systems for standing
access to records of private activities
Are we ready for all this?
Jurisprudence off-track
Reasonable expectation”
standard
Third-party doctrine
Arbitrary situation
Congress isn’t keeping up
either:
Just a few things have changed since ECPA
drafted in 1986…
1990: World Wide Web created
1994: Yahoo & Amazon founded
1998: Google founded
2004: Facebook launched
Lifecycle of an email
Unopened
< 180 days
Warrant
> 180 days
Opened
Subpoena
or 2703(d)
with notice
Header info
Basic subscriber
info (name, address,
connection records, etc)
Subpoena
or 2703(d)
NO notice req’d
And email was one of the specific
technologies that existed in 1986!
What about…
 Search
 Location-based services
 Cloud Computing
FISA Amendments Act
How this plays forward
1. Behavior changes
Human are social animals
Constantly monitoring, finely
aware of how we’re perceived by
those around us
That means privacy gaps rarely last
Lag time in privacy awareness
Chilling Effects:
The Facebook “blandification” effect
Chilling effects can also be
spurred by many technologies
• Surveillance cameras
• Government eavesdropping
• Offline data collection
How this plays forward
1. Behavior changes
How this plays forward
1. Behavior changes
2. Law/practice changes
Where we just find invasions
intolerable and change the world
to end them
• ECPA reform
• Commercial privacy regulation
• Drone regulation
ACLU in the courts
• NSA spying
ACLU in the courts
• National Security Letters
ACLU in the courts
• Cell phone location data
ACLU in the courts
• Laptops at the border
How this plays forward
1. Behavior changes
2. Law/practice changes
How this plays forward
1. Behavior changes
2. Law/practice changes
3. Expectations change
Public-private boundary
Video rental records
Marriage
Campaign
donations
The home
Professional confidences
License
Plates
Arrests
Real estate
transactions
Public-private boundary
Video rental records
Marriage
Campaign
donations
The home
Professional confidences
License
Plates
Arrests
Real estate
transactions
Public-private boundary
Video rental records
Marriage
Campaign
donations
The home
Professional confidences
License
Plates
Arrests
Real estate
transactions
How this plays forward
1. Behavior changes
2. Law/practice changes
3. Expectations change
How this plays forward
1. Behavior changes
2. Law/practice changes
3. Expectations change
4. Things just get worse
III. WHAT MUST BE DONE?
What Must Be Done?
1. Enact comprehensive privacy laws
What Must Be Done?
2. Enact technology-specific
privacy laws
What Must Be Done?
3. Create
institutions to
enforce privacy
laws
What Must Be Done?
4. Revive the 4th Amendment
Contact info:
Jay Stanley
Speech, Privacy and Technology Program
Free Future blog: www.aclu.org/freefuture
jstanley@aclu.org
202-715-0818
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