Computers, Privacy & the Constitution

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TheProvenanceOfYou 5 - 04 May 2018 - Main.JoeBruner
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The Entire Provenance of You - Signifiers of Identity

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 If you get kids learning this in second grade, I think it's a good segue into philosophy of free software in third grade. Of course, this does not work for communication over the platforms, but learning that is part of the point.
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The issue of having journalists sign material is interesting, but most of the journalists I know don't get most of their video themselves - even at the major networks, nowadays a lot of their footage is originally random citizen footage. And, in the case of signing it, that does compromise an anonymous source.
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The issue of having journalists sign material is interesting, but most of the journalists I know don't get most of their video themselves - even at the major networks, nowadays a lot of their footage is originally random citizen footage. And, in the case of signing it, that does compromise an anonymous source. Branzburg v. Hayes is after all a case about how journalistic freedom is abridged if you have to give up the identities of all your sources when the State asks. Byron White writes a terrible majority decision where he eventually invents one of those stupid con law tests where you "convincingly show a substantial relation between the information sought and a subject of overriding and compelling state interest." But that was a long time ago.
 
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- May 3rd 2018 A few days later, I have a new thought I either need more sleep or less sleep to properly articulate, but the dissent mentions "The Court thus invites state and federal authorities to undermine the historic independence of the press by attempting to annex the journalistic profession as an investigative arm of government." Using this to keep the state out of the data seems, at first, like a dead end. This is one thing I think people don't get. If you leave a treasure trove worth millions or even billions of dollars sitting around on the internet, people will get in. Designing around the idea that you can do a really good job of keeping the top 3 national intelligence services out of your giant pile of data is a really stupid idea. Anyone sitting around with a good botnet to create tons of places to tunnel through and a big enough pile of bandwidth can wait until they get a 0day exploit to crack fb user accounts and get all the data online; I have actually empirically tested and proven that the amount of data Facebook gives you when you request all your own user data is not even all the data readily accessible to you when you log into your account. (IOT means that's a lot cheaper than it used to be)

The dissent's opening idea seems like a dead end, but something feels interesting about it. If the platform is, at least at certain times, an annex of government by virtue of extensive cross-contamination and collaboration and delegation of decision-making, maybe you can use that as leverage to get somewhere, whether it's state action or a 1st/9th amendment right to gather information or even starting out with freedom of information act requests.

 -- JoeBruner - 30 Apr 2018
 
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Revision 5r5 - 04 May 2018 - 01:13:28 - JoeBruner
Revision 4r4 - 01 May 2018 - 05:51:53 - JoeBruner
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