Behavioral Economics and Privacy Rights

-- By MeharJagota - 11 Apr 2012

Introduction

A theme of our class has been the apparent cognitive bias which prevents people from demanding adequate levels of privacy on the Net. (The “why are the students in this class still on Facebook?” problem). In class we’ve discussed, and Moglen has dismissed, the ability of rational apathy to explain these actions. For individuals and for society, privacy enhancements involve immediate costs which will pay future dividends (or prevent future losses). Behavioral economics theory provides tools which attempt to model irrational decision making involving trade-offs.

Framing the Problem

Prospect Theory

Prospect theory (Kahneman and Tversky 1979) offers some insight which may help describe irrational decision making in this area. It is a theory which modifies traditional utilitarian analysis by adding an S-shaped value curve which models the way in which people losses and gains from an arbitrary reference point. This introduces the idea of anchoring, in which people create an artificial starting point from which to gauge benefits and losses. In the case of privacy decisions, for many people this reference point is likely where there is an “absence of privacy” on the net. Thus, any improvements in privacy result in gains. According to prospect theory, people appreciate the weight of losses more than they do gains of a similar magnitude.This suggests that fear tactics are a potential avenue to motivate user driven privacy enhancement. People also overvalue the effects of smaller outcomes and undervalue larger outcomes. This is perhaps manifest in the privacy context by a failure to internalize the most dire consequences of an elimination of privacy, such as deprivation of liberty by one’s government.

Another corollary of prospect theory is a documented endowment effect, in which people have different reservation prices for homogeneous goods depending on whether it is “theirs” or not. In some sense, an individual is always endowed with personal data and so data valuations should trend upwards. However, people are no longer endowed with privacy rights. A study conducted by Acquisti gave half of the participants a 12 dollar gift card on which purchases made would be tracked, while the other half received a 10 dollar gift card on which purchases would remain anonymous. All participants were offered the choice of switching. The study found that more people who had received the 10 dollar card were willing to keep it, suggesting that you value privacy less when you receive less of it.

Privacy decisions are also affected by the fact that rights to privacy are bundled goods. (For example, you can’t use Facebook but withhold access to your personal data). Some people may prefer to reveal certain information about themselves some of the time (if you want to receive targeted advertisements for products that you like etc.), but are unable to do so without comprehensively compromising their right to privacy. Not only are privacy rights difficult to define in scope, there is no way to limit revelation of to a specific time window, as the information can be stored indefinitely and duplicated infinitely. This leads to harmful uses of the data by secondary actors which were not considered by the decision maker.

Turns out that what behavioral economics added to our analysis was jargon. No actual idea was added to the repertoire from which we began. If there is a value to the formalization, it doesn't lie in helping us to decide what to do. Making it possible to have social networking without a man in the middle collecting everything seems like a good idea, as it did to me back in 2010 when I suggested it, and nothing about the difficulty of making decisions about aggregated small future risks changes that.

In the end, your draft adds up to "people allow their privacy to be invaded because there aren't cheap, convenient ways to do what they want without giving up privacy." Understanding why the market won't provide such alternatives is economics, more or less, but not yours. Understanding why government won't provide such alternatives is now pretty trivial, but to the extent it requires explaining I explained it in class. Seeing why anarchism will attempt to provide those alternatives is easier when you have one of its leaders available to talk to. Knowing whether the attempt will succeed is beyond all our powers. Twerp and Conman, or whatever they're called, can neither make it more likely nor show how it should be done. Your satisfaction with their efforts is a feeling that escapes me.

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