We Know the Problem, But Is There A Solution?

-- By DaphneL - 26 Dec 2019

The Problem

The People

A quick skim of newspaper headlines or even holiday dinner table conversations makes it seem evident that privacy in the digital age is an issue of concern to more people than ever before. Some do not care that their Alexa may be listening (“who cares, I don’t have anything to hide”) while others are perturbed but aren’t quite sure what to do. The latter group often seems to view the infringement on their privacy as inevitable – if they delete Facebook, it’ll be Google, or Amazon, or someone else – so what good does changing their habits do.

Even if after this semester I am better ‘armed’ to protect my privacy than ever before – I joined a secure email server, can send encrypted messages from my Columbia email, and try to diligently screen the apps I use – I understand the feeling of helplessness. For example, after reading a New York Times article on my ‘secret consumer score’ I felt indignant that third-party companies were aggregating this information and that my interactions were somehow being graded. But, as I filled out the forms to ‘take back’ my information, I realized there was nothing I could do to make them delete it and stop keeping tabs on me. Even as an above-average skilled user with plenty of willpower, there are just certain steps that cannot be taken without more robust protections from the law.

The Law

We spoke at length in class about how the legislative approach to privacy should evolve to begin treating it as a public danger, putting up barriers to prevent users from giving up certain information or acting in a certain way. We also spoke about how it is unlikely that the US, or most legislatures around the world would evolve around that. As long as most people do not view the collection of personal information as an inherent danger, and most governments find it to be a useful tool in policing, then such a complete shift seems unlikely. This is compounded by the enormous influences of the large tech companies – companies such as Facebook and Google have been allowed to be their own standard makers and continue to steer and shape the majority of the conversations in the US. The current GDPR regime appears to be the more realistic regime falling into place. While the EU continues to be a major economic power the trend GDPR-type regulations will continue to seep into other countries and even companies such as Facebook, however, it does not address the core issue - most people will still mindlessly click away the consent pop-up mindlessly and give up any protections they may have.

In Search of A Solution

The key disconnect between the growing public alarm about data privacy and the lack of support for significantly more stringent reform is particularly troubling - even with mounting evidence coming out of Snowden, Cambridge Analytica, and the 2018 election. Furthermore, even with reports coming out of India and Hong Kong that highlight the dangers associated with liberally giving away personal information, it does not hit home to many that with every online interaction there is the possibility of someone collecting a piece of your data that may be used to identify or manipulate you. While this may be a particularly sinister way of looking at the world – most of the third-party data aggregated likely will not be material or identifiable – but perhaps only such a view will impart change.

A secondary hurdle is seemingly convenience. While we dismissed convenience many a time, any effective solution to the mass use of today’s software and hardware is to provide appropriate alternatives. One simple example is Google Calendar – a deviant yet incredibly user friendly and helpful tool. While I do not doubt a safer, open source, version can be created, I have not come across any that comes close to the same functionality. As long as the average person (or company) does not view Google reading their calendar threat to their safety, they will choose to keep using it despite being aware of the privacy infringement. It will be significantly easier to help save people from themselves with the appropriate tools to make it feel less like a trade-off of the intangible to them (data) with the tangible (every day productivity) and even the playing field.

A third hurdle is education. When it comes to children – even parents who are well informed and take precautions concerning their data privacy allow their kids to have apps such as TikTok? . The peer pressure children face, and accompanying guilt parents face, often allow them to make concessions to the most vulnerable population we face. The importance of privacy and implications of data sharing should be a key part of the curriculum from a young age, allowing children to grow up with an awareness of the implications of their actions. Children have historically always been better protected by the law – for example COPA is more restrictive than other forms of data protection – but there is still inadequate understanding and fear about the dangers of having an entire generation be mapped from their infancy. The Cambridge Analytica-type social engineering that can occur is likely much more dangerous than most of us can grasp. While this area of the law is more likely to evolve, a more holistic approach using education and appropriate parental guidance may be the only alternative.

Conclusion

In order to change today's paradigm, it seems that people, tools, and the law all have to change. While there is progress on all fronts, it is countered by incredibly heavy influence and market penetration by the major technology companies, as well as government interest in data collection. It then seems only natural that progress has been slow and piece-meal. Unfortunately, it is likely that only more scandals and incidents that are tangible and harmful to individuals will cause the tide to change.