a place where my personal and professional interests meet the web :)
Doc Searls, a thought leader for whom I have tremendous respect, and has most recently been the driving force behind the concept of VRM (Vendor Relationship Management) through the ProjectVRM initiative at Berkman Center, authored a blog post today on Google's new wallet initiative titled "Google Wallet and VRM". To say that he thinks this is important is an understatement when he makes the bold claim that, "I think it's the most important thing Google has launched since the search engine." Coming from Doc, this is a significant statement. However, when reading through the first four reasons he provides for this, I was left wanting, and felt like the technological fascination of what could be done with this ignored some of the practical realities of our global village. With each of the initial four reasons provided, I felt a visceral objection arise, and that's what led me to writing this blog post. It's also evident that perhaps our main difference of opinion on this matter is that I see the possibility of doing everything he suggests without the need for our phone to act as the main instrument used to effect a transaction. To me, it's the issue of taking our existing distributed cards systems and turning them into a centralized point of failure.
The best way for me to go through is to follow Doc's reasons for why he believes in the importance of the Google Wallet initiative and provide my counter arguments on each of these. The discussion below will only make sense in the context of Doc's post, so you may want to read that first or have it open in another window for reference. "Reason #1: We've always needed an electronic wallet, especially one in our mobile phone.": Sorry, but this is a techies wishlist item. No, normal people have never "needed" an electronic wallet much less one on their mobile phone. Smartphones may be all the rage here, but in many of the most populous countries this has not been the case and they seem to be doing fine without it. In Africa, entrepreneurs have innovated around the minutes currency which achieves a nice balance of anonymity and the ability to transact in a low-tech environment. "Reason #2: We've needed one from somebody who doesn't also have a hand in our pocket.": Perhaps I'm misunderstanding this point so I'm open to being corrected, but the line that didn't set well with me was, "List the things Google does but doesn't make money with, and you'll have a roster of businesses that needed commodification." Would Gmail or YouTube or Maps fall into this category? Would their efforts with Google Books fall into this category? What exactly are the businesses that Google does not make money with? Last I checked, Google was in the "monetizing attention" business and all of their efforts focus around collecting information on users in order to better monetize their attention. Is this a 2nd or 3rd order effect? Perhaps it was at first, but now they have perfected this monetization machine so I'd argue that it's very much of a first order effect. In other words, Google also has a hand in our pocket and the currency they're extracting is information, the most valuable currency of them all. It's actually a more dangerous hand in the context of an e-wallet application since it gains tremendous advantage and control from learning about our transaction history. Control over its users, advantage over its competitors and every other company selling anything. "Reason #3: This reduces friction in a huge way.": This is the bill of goods online users of applications and services have been sold since the beginning of the commercial Internet (I've been along for the ride the whole way). But what is not discussed are the tradeoffs users have made for all of this convenience and removal of friction. The tradeoffs have come in no smaller ways than in forfeiting of Constitutional rights we were afforded before all of this. Yikes! Can't believe I went there ;) OK, I'll discuss this point further at the end of this post, but for this section let me get back to the more specific points that are raised. Wallets slow us down at checkout, whether it's from pulling out cash or cards. Loyalty cards are a cumbersome addition to the checkout process. How about if we talk about the current state of the best smartphones (never mind the mobile phones used by the unwashed masses, for now)? How many times have you tried to locate an app on your iOS, Android, Blackberry, Windows, etc. mobile device and either not found it quickly (it's on the third swipe screen at the bottom right), or touched the screen but it was non-responsive even after multiple taps, or had to reboot your mobile device, or saw a pop-up flash showing some sort of exception error, or ran out of power because you forgot to plug it in before leaving the house, or forgot it at home altogether, or watched someone struggle typing on the screen keyboard, miniature keypad or numeric keypad? I dread the idea of being in line at a Starbucks and watching people struggle with their devices in any of these ways, and that would be a relatively simple transaction, never mind something more complex. Already I see the lines at the self-serve checkouts in grocery stores getting longer than the ones with human cashiers. Now, on the flip side, with a credit card you or the cashier can always type in your number if the reader doesn't work (worse case scenario the cashier can even call in the card number to the credit card processor), no power to your card is required for this. While the idea of being able to carry everything in your device sounds appealing, the practical issue is that we become incredibly dependent on a single point of failure. When there are problems with the device (and I defy anyone to name a device that has never had a problem), it's not just one payment instrument or loyalty card that's affected, they all are and all at once. The tradeoff between a point solution for reducing the friction in our transactions, versus the greater systemic failure that could increase the friction in our lives (imagine loosing the smartphone or having it remotely hacked or other nefarious acts done to it because it will be worth a lot to the attacker), is not worth it. At least not as discussed here. "Reason #4: Now customers can truly relate with vendors.": This one is a hot-button item for ProjectVRM and I like it, but not in the context of Google doing it. This intermediary role needs to be handled by either a non-profit or a company that works on behalf of consumers because consumers pay for the service (note, I'm not specifying how they pay, but only where consumers are the primary customer of this service provider's will they be able to trust that their needs and interests will be respected first and foremost). Google's efforts to know everything about me and in turn be able to use this information in ways that as a user I never intended, does not sit well. The temptation to use this information in ways that may not necessarily be in the best interest of the consumers, but may be in the best interest of Google shareholders, is too great a power to bequeath to any company who's objectives are not primarily aligned with or focused on, serving the individual. Also, in their current state, privacy laws do not sufficiently protect users from how their information is used nor provide them enough transparency and control to have confidence and trust in such services. Having said this, today email and a hosted service where the info from all of one's payment and loyalty instruments can be brought to bear (something more closely resembling what Mint has done) make sense, but I would keep all of these aggregation services independent of the device. In other words, there should be no need for the Google Wallet to accomplish this. When positioning this as a Mint-like service, we see that Reasons 5, 6, 7, 8, 9, 10,11 all still apply, but we've separated ourselves from being at the mercy of our device for the actual transaction. Today, when I withdraw money with my ATM card, instead of getting a receipt at the machine it emails me that info. When I make a purchase at the Apple store, they email me the receipt. We may need open standards around portability for making those emails machine readable and for them to be sent to our personal transaction aggregating services (ie. Mint or other similar services), but we can accomplish this without the need for the Google Wallet per se. None of the other reasons really require the Google Wallet to be realizable, and I'd argue that it's not by turning our phones into the means for making payments that we benefit, but by creating a transaction aggregating services focused on respecting the user, that we make the gains. Where a true wallet application for payment would have been interesting is when the prospect of something like David Chaum's Digicash (let's see who's awake and remembers them from back in the day). The ability to perform truly anonymous cash-like transactions. This was something for which a device would be needed at the point-of-sale, though with today's smartcard technology, I could see it being possible without the need for the phone as payment device. These could still provide useful transaction data for the user, though the merchant would not necessarily have information on the transacting user other than knowing that the transaction was good and money was transferred into their bank account. Perhaps now is a good time to elaborate on the more general concerns with hosted and aggregated transaction services. Service providers that would be maintaining transaction data for us constitute a third party in a transaction (first party = me; second party = merchant; third parties = credit card bank and any transaction aggregating services). Given the state of the ECPA (Electronic Communications Privacy Act), the idea that government could gain access to this info in a nice neat package, at will (OK, maybe with a subpoena, but certainly no warrant requirement), is truly frightening. While we can try to divorce the wish list of capabilities we would want from transaction aggregating services, from the laws around us, the fact of the matter is that by using many of the SaaS services today we are slowly diluting our Fourth Amendment rights. It's nice to push the envelope on ways of making life better for individuals, but in a setting where governments have made been attacking what few privacy rights we have online, using industry to carry out their assaults (see Amazon shutting down Wikileaks servers and Paypal, Visa & Mastercard shutting down their merchant account), and making more and more changes that advantage industry in its quest to have unfettered access to people's information, I'm concerned that by making it easier for people to manage their info we are also making it easier for governments to control and coerce their own citizens. We need to get the privacy statues in place *before* radically facilitating the aggregation of information on citizens, otherwise our best intentions risk putting us in prisons of our own design. Sorry for the heavy ending here, but there doesn't appear to be any indications that governments around the world are relenting in their desire to legislate every aspect of our lives, in and out of bedrooms, so we shouldn't make it easier for them to monitor us. The world Kafka imagined in The Trial, is sadly coming to life, most recently exemplified by the DOJ's refusal to make its interpretation on the recently renewed Patriot Act clear. We have be awake and more alert to this as we develop the next generation of online services.Adam Thierer (@adamthierer), a senior research fellow at the Mercatus Center at George Mason University, and regular and thoughful contributor to the conversation on privacy issues, wrote a piece titled "Digital Sensors, Darknets, Hyper-Transparency & the Future of Privacy" on The Technology Liberation Front blog. After writing a fairly long comment that seemed to get accepted, the commenting system they use on the blog, DISQUS, appears not to have actually recorded or accepted the comment. At first I thought a site manager had deleted my comment, but in refreshing the page and going into the DISQUS system to find my history of comments, I noticed that it wasn't there. With that said, I'm rewriting the response here.
---
<soapbox>
Adam, I'm not sure why you're so enamored with targeted advertising given how weak it continues to be and the fact that people don't have an insatiable need to be advertised to, even if it the products are supposedly "relevant" to them. We don't need to walk by a store at the mall and have it suggest what we might need. Using behavioral advertising to justify the benefits for having information about us used by any organization in any way they choose is simply a red herring. Let me also separately suggest that in the same way as those who advocate that privacy is dead do so from multiple perspectives, I find that not all "privacy advocates" would subscribe to every position you assigned to them. This topic, as you know better than most, is chock full'o nuances, some of which you reflect in your positions, and if we are to use Prof. Daniel Solove's taxonomy of privacy as a framework to explore the different issues, they very topic of privacy means different things to different people. Sorry, but had to point this out since you seemed to use the term "privacy advocate" in a derogatory manner. The fear being raised from the USA Today article you point out and the "What They Know" series posted by the Wall St. Journal, is that in most aspects of society we have norms and rules in place that dictate the boundaries of various activities. For example, we have rules for driving, we have rules for what the police is allowed to pull us over for, we have rules for what companies can say about their products, and so on. However, as you correctly point out, the fall of practical obscurity has upset many apple carts. Actually, it's more than that. The fact that the costs of collection, storage, aggregation/combination, and dissemination of data have dropped significantly, has disrupted our privacy expectations. This same dynamic has turned the copyright business model on its head. It's forcing us to rethink the norms and the rules of the road so-to-speak. Unfortunately, the development of technologies to leverage information about us continues to move ahead faster than we can get our arms around the important issues raised by it's use. Look, as a privacy advocate, I also understand technology and the possibilities it offers but have also seen how its application in one area is deemed sufficiently successful to apply to other areas where the parameters are often very different, frequently with less than desirable outcomes. For example, collaborative filtering technology to make product recommendations to users on web sites was being applied in some form under the Total Information Awareness program to determine likely terrorists. Of course, it's one thing if a product is wrongly proposed to me, it's an entirely different thing if I'm falsely accused of being a terrorist because I share characteristics with known terrorists (especially given how little we actually know in advance, or even after, about such folks). Note, the technology application is the same, but the parameters and tolerance for error, and the necessary recourse and remedies are completely different. Unfortunately, we don't always see the people and institutions applying the technology, sufficiently addressing the fidelity of their systems to address these issues. This is also where the greatest dangers lie. This issue of the use of these technologies for much more life impacting applications (ie. insurance (health, home, life, etc.)) has to be of concern to everyone. Organizational transparency about how our information gets used, has to be forthcoming given that there already exists plenty of transparency on individuals' data. Online and offline data is quickly merging with so many sensors, but today use of our offline data is already more intrusive that most people can imagine. There needs to be rules for what's acceptable and benefits society, and what is not acceptable use. Individuals should have some say in how information about them is used to their benefit or detriment. What's wrong with that? While I completely agree that there are many legitimate benefits to the use of various targeting technologies, the temptation that such large databases of aggregated information about us pose for legislators and law enforcement, is frequently too great for them not to take advantage of these. We already see an awful lot of one-way secrecy, where these databases are being accessed by law enforcement under orders of secrecy (ie. NSL request or 2703(d) order), or by companies without our knowledge for predatory behavior. So the challenge becomes, how do we balance progress and the benefits that technology can afford us, with the need to better manage how and to whom, information about us is distributed. I wouldn't look at it as how we keep information about ourselves "secret", since we never really did that in the past and would never be reasonably able to do that. A secret tends to be information known to a small number of people (generally at least 2). One could keep a secret, but there was never a guarantee it would remain so. But the pace at which it could be shared was slow. Technology has enabled that pace to change radically, which is what raises the urgency on needing to decide how we will better manage it. On the point of "property-tizing" personal information, that has certainly been a position espoused by some in the U.S. privacy community, but in Europe and other parts of the world, the focus has been that information about us and its use should be dictated as a human rights issue where it cannot simply be traded away in the way property can. While both frameworks aim to resolve similar issues, I believe the U.S. one is fraught with some of the paradoxes you refer to, which the international position does not have. The same way that copyright as a business model is no longer seems effective (there are lots of better ways to monetize the value of content), I also don't feel that information about us is definable in such a way that it can be "property-tized" :) Because all of this information is so easily distributed and perfectly copied, property rights never seemed to make sense to me here. Finally, on the point of transparency, there's a difference between transparency and full unobstructed access to absolutely any information or knowledge about a person. You began to list exceptions like medical information, but I believe that in different contexts there's much more information that people would prefer not to share or brought to bear. Hence, why transparency needs to come with norms and rules of engagement. For example, when we place constraints on what sort of data employers may consider in their hiring decisions, that's a reasonable contextual limitation. Data or information without context can illicit people to react before they understand it, or can be used in ways for which it bears false witness to the facts. There are many shortcomings to full unfettered access to information about us that we need to address before such widespread uses start happening. It's not about putting the genie back in the bottle, but setting up the right frameworks for acceptable uses of information about people (that's us :). </soapbox>
A few paragraphs later he explains why Wikileaks' account was restricted:
What PayPal is saying is that a site that in effect provides a safe haven for people to reveal illegal activity, is actually encouraging people to engage in illegal activity. The fact that someone broke the law in providing the most recent batch of cables does not mean that Wikileaks is encouraging people to break the law. Certainly, none of the people who are providing the information are getting paid for doing so. They are not seeking fame either. So in what way exactly, is Wikileaks encouraging that people engage in illegal activity. It's like saying that a gun store is promoting that people engage in illegal activity because they sell guns which can be used for committing illegal activities.
As a young man, I recall sharing with friends that while I held few principles (moral or otherwise), the few I held were dear to me. In other words, I didn't bother encumbering myself with lots of principles that I could never live up to. This didn't mean acting immorally, it just meant not taking absolute positions over moral or social issues since there were lots of imaginable circumstances under which I might not live up to such high ideals. Perhaps it was my disdain for hypocrisy or simply being lazy about having to remember so many principles, but whatever it was, it made me feel better to come to terms with my humanity as someone with failings who wasn't going to espouse moral superiority, especially on issues that I could imagine not living up to.
"In January, Facebook Chief Executive Mark Zuckerberg declared the age of privacy to be over. A month earlier, Google Chief Eric Schmidt expressed a similar sentiment. Add Scott McNealy's and Larry Ellison's comments from a few years earlier, and you've got a whole lot of tech CEOs proclaiming the death of privacy -- especially when it comes to young people.". (http://www.schneier.com/blog/archives/2010/04/privacy_and_con.html)
I'm using my blog to comment on Peter's post as it appears that my response below was longer than what his blogging platform (Blogger) could accept. Really, Google sets comment limits? ;)
First off, I highly recommend Peter's blog if you are into privacy issues. It's nice to see that despite so much negative hype about Google's general attitudes towards privacy, there are real people working there and they have concerns and think about these issues like every one else.
In reading this post's comments on sharing, it brought me back to a debate last evening with a dear friend about this very issue. However, where he debated in effect a similar position to Peter's (be comfortable about what you're going to post), he was viewing it as an issue for his children (currently 9 and 13 yrs old). He raised the typical and oft repeated anecdotes about college admissions doing online searches on candidates and employers making hiring decisions, and how destructive negative information could impact his children's future success.My contention however is that the amount of data being put out there will soon become prohibitive for people to search against. As Peter noted, first you have to determine if the data you are reviewing is about the candidate that you're considering. Then you have to determine the validity of the data and its source.Collaborative filtering and network analysis tools and techniques are gaining ground in these areas, and are being applied to the selection process for various activities. Of course, behavioral and interest-based ad targeting has been at the forefront of this (ie. Amazon's "people who bought this also bought that"). However, as you might be aware, when governments try to segment terrorists from non-terrorists (ie. "No Fly List"), they tend bring more and different data sets to bear. For example, they might apply clustering around credit records, travel logs, transaction records, and other data sets in order to come up with something like, "people who bought this and flew to these places and have open balances on their loans are more likely to be terrorists".From the average citizen's standpoint however, we don't actually know what data is being combined and corolated nor what assumptions are being made to come up with this lens. Now, if we go back to the university or employer examples, one can imagine a near future where employers (who are already making use of people's credit records) and have access to too much data, start to combine avaialble data sets to determine whether an employment prospect is suitable for their company. That employee won't know the model against which they are being evaluated. Now in a world where kids will make mistakes, and mistakes won't disappear, then one can argue that mistakes will be understood as part of what makes us human (call it being a "normal" person). One could also argue that a college kid that screws up his credit while in college, learns a valuable lesson which may make her more vigilant in the future about paying bills on time. Employers may begin to understand this and derive similar conclusions which they will build into their models.Hence, those kids who worried about not having anything negative about themselves appear any where, might actually be the ones at a disadvantage. But the problem is no one will really ever know. Unless the models are made public (which is not likely unless the current laws change), the best we can do is live our lives in a way that is respectful to others and society in general, accept our mistakes, and keep living our lives.In a world where transparency rules, then trying to be abnormally good makes one less human and hence less desirable. It's almost as though the lack of having made any mistakes brings suspicion on a person that they're either gaming the system or likely to be more destructive in the future, though one can still imagine some less progressive companies deciding to eliminate candidates with any blemishes. In other words, no different than the situation we have today. This actually reminds me of a college friend who didn't drink while we were in college, he got married right after graduation but within 5 years was divorced and an alcoholic. Here he kept a natural impulse bottled up inside him and it cost him more dearly when he finally succumbed.Sorry for the long response/comment, but I thought it worth sharing a position on how things might change/evolve in the future.How long before the Fourth Amendment to the United States Constitution becomes just a collection of empty words? Recently there have been a couple of court cases that have provided conflicting guidance on the legal test for the applicability of privacy protections. It's worth reading the Wikipedia entry for Expectation of Privacy to get a very basic understanding of the legal tenets behind this. In both cases the issue stems from the FBI's use of GPS devices on suspects cars without a warrant. In the first case, United States v. Maynard, the U.S. Court of Appeals for the District of Columbia decided against "always-on" surveillance and to uphold that there had been a Fourth Amendment violation. In the second case, United States v. Pineda-Moreno, the U.S. Court of Appeals for the Ninth Circuit decided that the similar GPS tracking was not in violation of the Fourth Amendment. Clearly, this looks like an issue that may need to get to the U.S. Supreme Court to more fully resolve.
While it some times shocks me that people pay so little attention to the privacy issues that are quickly overtaking us, I also realize that it's no one's fault. It can be hard to see the imminent harm if you're not spending time reading and understanding what's happening with information about you. We all have busy lives and the issues here frequently require more than a five minute primer to appreciate. Who has the time? More importantly, who cares if you've done nothing wrong or have nothing to be ashamed of? Heck, if you are careful about what you say, the views and pictures you share, and appropriately set your various privacy settings online, what's their to worry about? There's also of course, the fact that "so what if marketers know information about me to try sell me stuff"? Few among us can point to anything having gone wrong with our online identities so what's there really to worry about?