Mudd Center • The Ethics of Technology speaker Helen Nissenbaum

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THE ROGER MED CENTER FOR ETHICS, EACH YEAR CHOOSES AN ETHICS THING THAT WILL BE THE FOCUS OF OUR ANNUAL SERIES THIS YEAR’S THEME IS ON THE ETHICS OF TECHNOLOGY SO FAR WE HAVE HAD SPEAKERS WHO HAVE ADDRESSED PARENTAL RESPONSIBILITY IN THE AGE OF GENE EDITING TECHNOLOGIES THE ROLE OF ARTIFICIAL INTELLIGENCE IN THE CONTEXT OF EVOLUTION AND WORLD HISTORY, AND MOST RECENTLY A TALK ON ROBOTS THAT ARE PROGRAMMED TO DECEIVE TODAY’S TALK IS ON THE ISSUE OF PRIVACY IN THE DIGITAL AGE THERE ARE PERHAPS FEW IF ANY CORE SOCIETAL VALUES THAT HAVE BEEN MORE CHALLENGED IN THE 21st CENTURY THAN PRIVACY THERE ARE ALSO FEW, IF ANY, SCHOLARS WHO HAVE DONE MORE TO HELP US UNDERSTAND PRIVACY IN THE DATA INFORMATION AGE THAN TODAY’S SPEAKER PROFESSOR HELEN NISSENBAUM WE ARE EXTREMELY HONORED AND GRATEFUL AND EXCITED TO HAVE HER WITH US TODAY HELEN NISSENBAUM IS PROFESSOR OF INFORMATION SCIENCE AT CORNELL TECH HER WORK SPANS SOCIETAL AND ETHICAL AND POLITICAL DIMENSIONS OF INFORMATION TECHNOLOGY AND DIGITAL MEDIA PROFESSOR NISSENBAUM’S BOOKS INCLUDE A USERS GUIDE FOR PRIVACY AND PROTEST, VALUES OUTPLAY IN DIGITAL GAMES, AND PRIVACY INCONTEXT TECHNOLOGY, POLICY AND THE INTEGRITY OF SOCIAL LIFE GRANTS FROM THE NATIONAL SCIENCE FOUNDATION, AIR FORCE OF SCIENTIFIC RESEARCH, FORD FOUNDATION, THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE OF THE NATIONAL COORDINATOR AND A DEFENSE ADVANCED RESEARCH PROJECT AGENCY HAVE SUPPORTED HER RESEARCH THE RECIPIENT OF THE 2014 PRIZE OF THE AMERICAN PHILOSOPHICAL ASSOCIATION, PROFESSOR NISSENBAUM HAS CONTRIBUTED TO SOFTWARE INCLUDING TRACK ME NOT FOR PROTECTING AGAINST PROFILING BASED ON WEB SEARCH, AND ADD NAUSEA AND BOTH ARE FREE AND FREELY AVAILABLE WITHOUT FURTHER ADO PLEASE WELCOME PROFESSOR NISSENBAUM >>> THANK YOU VERY MUCH JEREMY I WANT TO SAY HOW DELIGHTED I AM TO BE HERE INKS FOR INVITING ME ALSO, IT IS WONDERFUL TO LEARN ABOUT JEREMY’S WORK SOMETIMES HAVING WORKED ON PRIVACY FOR SO MANY YEARS, WE NEED TO SEE THE NEXT GENERATION OF PRIVACY SCHOLARS AND ADVOCATES, YOU ARE VERY LUCKY THAT YOU HAVE JEREMY HERE DOING THAT, AND TEACHING YOU HAVE A FAVOR I WILL TRY TO GO THROUGH I AM UNCERTAIN OF THE TIMING HERE IS THE OVERVIEW OF THE TALK

PART ONE, IT’S A SIMPLE OVERVIEW PART ONE, THE REGULATORY DODGE I AM GOING TO DESCRIBE IT HOPEFULLY YOU WILL BE SHOCKED AND AMAZED BY IT PART TWO I WILL DISCUSS MY THEORY OF PRIVACY AS CONTEXTUAL INTEGRITY IN THE BRIEF CONCLUSION I WILL [ INDISCERNIBLE ] THOSE TWO THINGS TOGETHER THE WAY I WILL GO THROUGH THE PRESENTATION AS THERE WILL BE SOME HIGH-LEVEL CLAIMS AND AT TIMES I WILL DIVE INTO THE WEEDS HOPEFULLY YOU WILL FOLLOW ALONG BOTH OF THEM THE POINT THAT I WANT TO BE SURE THAT YOU WILL GRASP, I WILL TRY TO EMPHASIZE IT SO YOU WOULD BE ABLE TO SEE THE ARGUMENTS I AM TRYING TO MAKE LET’S START ALREADY WITH PART ONE WHICH IS THE REGULATORY DODGE I WANT TO SAY THIS IS A TERM I HAVE USED, I STARTED USING A FEW YEARS AGO I HAVEN’T WRITTEN ANYTHING ON IT AS I WAS WORKING ON THIS LETTER I THOUGHT TO MYSELF THIS IS REALLY IMPORTANT NOT THAT THIS IS REALLY IMPORTANT WORK, BUT RATHER WHAT IS GOING ON WITH TECHNOLOGY IT IS REALLY IMPORTANT PEOPLE IN MY VIEW ARE NOT PAYING ATTENTION THERE ARE SOME PAYING ATTENTION WRITING THIS LETTER AND WORKING ON THIS LETTER HAS ENABLED ME TO START THINKING MORE RIDICULOUSLY I WOULD WELCOME YOUR FEEDBACK THE IDEAS ARE NOT FULLY FORMED HERE IT GOES WHAT DO WE MEAN, WHAT ARE THE ORIGINS? LET’S START ORIGINS OF PRIVACY REGULATION IN THE INFORMATION DAY OF THE DIGITAL AGE SOME PEOPLE WOULD ARGUE PRIVACY EMERGED IN 1895 WITH A LECTURE ON THE RIGHT TO PRIVACY I DON’T THINK SO AS LONG AS PEOPLE LIVED TOGETHER, PRIVACY AS I UNDERSTAND IT HAS ALWAYS BEEN A VALUE IN 1965 THERE WAS A PROPOSAL IN THE U.S. TO MERGE ALL THE INCREASING NUMBERS OF COMPUTERIZED DATABASES THAT EXISTED PEOPLE DID NOT HAVE LAPTOPS, WERE TALKING ABOUT COMPUTERS THAT FILLED HUGE ROOMS TYPICALLY LARGE INSTITUTIONS IN HOSPITALS AND BANKS AND GOVERNMENT AGENCIES THAT HAD THEM THIS PROPOSAL WAS, THE NATIONAL RESEARCH COUNCIL WHY DON’T WE JUST MERGE THEM ALTOGETHER? THIS CAUSED A MAJOR OUTCRY TOTALITARIANISM, WE WERE LOOKING TO THE SOVIET TOTALITARIANISM STATE WE DID NOT WANT ANY OF THAT THE SECRETARY OF HEALTH EDUCATION AND WELFARE CREATED A COMMITTEE THAT WAS GOING TO LOOK AT COMPUTERIZED SYSTEMS JUST GENERALLY INFORMATION, WE USE THE TERM DIGITAL THAT IT WAS A COMPUTERIZE INFORMATIONAL SYSTEM THEY STARTED WORKING OUT IN WESTERN — SOME OF YOU MAY HAVE HEARD ABOUT ONE OF THE VERY EARLY GREAT SCHOLARS OF PRIVACY I THINK HE WAS PART OF THIS COMMITTEE THEY CAME UP WITH THIS CODE INFORMATION PRACTICES WHICH IS AFFECTIONATELY ABBREVIATED TO FLIPS BASICALLY HERE IS THE ORIGINAL VERSION THE NUMEROUS VERSIONS, ONE THING YOU CAN KEEP IN MIND IS EVEN IF YOU FAST-FORWARD TO THE GDPR, WHICH IS THE EU’S BRAND- NEW PRIVACY REGULATION IT IS FUNDAMENTAL IT IS THE SKELETON OF THAT THE MAIN IDEAS ARE THAT THEY SHOULD NOT BE SECRET DATABASES PEOPLE SHOULD KNOW WHAT ABOUT THEM IS IN THE DATABASES AND HOW THAT INFORMATION IS — I USE DATA INFORMATION WITHOUT ANY DISTINCTION THERE ARE PEOPLE WHO CAREFULLY THINK THERE IS A HIERARCHY I DO NOT BUY THAT I WILL USE THOSE INTERCHANGEABLY

THERE HAS TO BE A PURPOSE FOR THE COLLECTION OF THE DATA GIVES A PURPOSE THAT HAS TO BE SPECIFIED THE USE OF THE DATA HAS TO BE LIMITED BY THAT PURPOSE YOU CAN’T COLLECT FOR ONE PURPOSE AND THEN USE IT FOR SOME OTHER PURPOSE PEOPLE HAVE A RIGHT TO CORRECT AND AMEND THE DATA THAT INSTITUTIONS HOLD ABOUT THEM INSTITUTIONS HAVE AN OBLIGATION TO KEEP THE SYSTEMS SECURE AND RELIABLE THOSE ARE THE BASIC IDEAS IN 1974 THERE WAS A PRIVACY ACT PASSED TRAGICALLY SOME OF US THINK IT APPLIED ONLY TO GOVERNMENT AGENCIES BUT NOT TO ANYBODY ELSE UNDERNEATH THIS INFORMATION PRACTICES, AND WHAT IS INTERESTING IS ALTHOUGH IT WAS LABELED AS A PRIVACY, AS ARTICULATING RIGHTS TO PRIVACY, IT WAS FOR INFORMATION PRACTICES THE IDEA WAS THE PARTY THAT IS GATHERING THE DATA HAS GREATER POWER THAN THOSE WHO ARE THE DATA SUBJECTS THE TERMS THAT THIS COMMITTEE USED WAS LEVELING THE PLAYING FIELD THEY HELD FAST TO THE IDEA OF PRIVACY AS A RIGHT TO CONTROL INFORMATION ABOUT OURSELVES THAT IS PROBABLY THE DOMINANT WAY PEOPLE THINK ABOUT PRIVACY TODAY I THINK THAT IS A PROBLEM WHEN I TALK ABOUT CONTEXTUAL INTEGRITY I WILL EXPLAIN NOW BECAUSE IT WAS THE PRIVACY ACT OF 1974 AND LIMITED ONLY TO GOVERNMENT, WHAT DO WE EXPERIENCE TODAY WHEN YOU GO ONLINE AND YOU USE A APP OR A DEVICE WHEN YOU GO ANYWHERE, THERE IS A PRIVACY POLICY THIS APPROACH IS CALLED MADISON CHOICE THE IDEA, THE FEDERAL TRADE COMMISSION FOR THE MOST PART MANAGES THIS WHOLE PROCESS THE IDEA IS THAT WE KIND OF FOLLOW THE FEAR INFORMATION PRACTICE PRINCIPLES WE TELL PEOPLE IF YOU LOOK AT HOW MANY PEOPLE HAVE EVER READ A PRIVACY POLICY ALL THE WAY THROUGH,? AS FOLLOWS, AND TRIES TO TELL YOU THE DATA IS BEING COLLECTED WHAT IT IS AND WHAT THEY ARE DOING WITH IT IF YOU LOOK AT THE PRIVACY POLICY, AT THIS POINT THERE IS STRUCTURE THIS IS QUITE AN OLD ONE I’M SURE BY NOW IT’S MUCH OLDER I DON’T KNOW WHY I AM ALWAYS SHOWING SHOES AS AN EXAMPLE SO BE IT HERE WAS GOOGLE’S PRIVACY IN TERMS OF SERVICE AND THE THING THAT I HAVE MAGNIFIED IS WE CHANGE THE PRIVATE POLICY FROM TIME TO TIME WE ALWAYS INDICATE THE DATE WE ALWAYS CHECK BACK OFTEN THOSE OF YOU WHO HAVEN’T READ THE PRIVACY POLICY THROUGH YOU SHOULD ACTUALLY READ THE NEW PRIVACY POLICIES THEY KEEP CHANGING AND YOU HAVE AN OBLIGATION WHAT IS THE TROUBLE? I WILL BE BRIEF THERE’S A LOT OF WORK THAT IS OUT THERE REALLY GOOD WORK THAT IS OUT THERE THAT HAS CHALLENGED WHETHER THIS IS WORKING AT ALL EVEN IF YOU EXCEPT THAT PRIVACY IS THE RIGHT TO CONTROL, YOU ASK YOURSELF THE QUESTION, TO WHAT EXTENT DOES IT ACTUALLY OPERATIONALIZE THIS IDEA OF CONTROL? FIRST OF ALL IF YOU REMEMBER WHAT THE GOOGLE TERMS OF SERVICE SAYS, WE GRANT YOU THIS RIGHT OFTEN IN OPT OUT HAS BEEN A LONG-STANDING DEBATE MOST OF THE TIME IT IS OPT OUT THE DEFAULT IS OPT IN THE STATISTICS ARE CLEAR PEOPLE WILL GENERALLY OPT OUT

IT’S A HASSLE THAT IS AN ISSUE UNSUCCESSFULLY, HOW MANY PEOPLE, YOU GOT THIS POP-UP WE USE COOKIES CLICK HERE YOU ARE LIKE WHAT HAPPENS IF I CLICK WHAT ARE THE TROUBLES WITH THE PRIVACY POLICIES? THIS IS TYPICAL I HAVE ONLY READ THEM BECAUSE I TEACH THEM IN MY COURSES I HAVE TO THEY ARE UNREADABLE WHAT I MEAN BY THAT IS ALICIA McDONALD DID A STUDY IN WHICH THEY ARE ACTUALLY COUNTERED IF YOU READ AND WENT BACK AND REREAD WHEN THEY CHANGED IT WOULD TAKE ABOUT A MONTH OF YOUR LIFETIME TO ACTUALLY READ THESE POLICIES WHEN PEOPLE DON’T READ IT I THINK WE ARE BEING QUITE RATIONAL NOT TO READ THEM WOULD RATHER BE DOING OTHER IMPORTANT THINGS LIKE GOING TO THE GYM FOR EXAMPLE THEY ARE INCOMPREHENSIBLE THAT IS TESTED NOT ONLY ON NON- EXPERTS, BUT THIS HAS BEEN TESTED ON EXPERTS I DO THIS EXERCISE YOU CAN CHALLENGE YOURSELF AND READ IT CAREFULLY YOU CAN ASK QUESTIONS ABOUT IS THIS OR THAT OR CAN IT HAPPEN? ARTURO THINKS THEY ARE SO DIVERGENT, THESE POLICIES FROM WHAT PEOPLE EXPECT THAT THEY SHOULDN’T BE CALLED PRIVACY POLICIES THEY SHOULD BE CALLED INFORMATION POLICIES SOME CONCERNS I HAVE HAD IS THAT THEY ARE ASYMMETRIC IN KNOWLEDGE AND POWER IT’S OFTEN A TAKE OR LEAVE CONDITION AND SUGGEST THAT PRIVACY IS GOOD ONLY THE ENFORCEMENT CHALLENGES RIGHT NOW, SOMEONE HAS TO COMPLAIN IF A COMPANY HASN’T WHAT HAPPENS AS A COMPANY CAN SAY WHATEVER THEY LIKE IN A PRIVACY POLICY THE ONLY THING IS IF THEY BREAK WHAT THEY SAY THEN THE SEC CAN COME AFTER THEM THERE IS VERY LITTLE THAT STOPS THEM FROM WRITING THEY COULD SAY WE COLLECT YOUR DATA AND WE SELL IT TO ABSOLUTELY ANYBODY THAT OFFERS A PROFIT TO US THAT COULD BE IN THE PRIVACY POLICY AS LONG AS YOU DON’T VIOLATE IT GOOD FOR YOU THIS IS VERY DEPRESSING DESPITE ALL OF THIS EVIDENCE, THERE IS SO MUCH EVIDENCE WE AREN’T MOVING AWAY FROM HOWEVER IN PARALLEL TO THIS PARTICULAR APPROACH WE ALSO HAVE AREAS WHERE CONGRESS BELIEVES THAT NEED EXTRA PROTECTION JUST LIKE THE PRIVACY ACT OF 1974 OTHER AREAS AND FOR VARIOUS REASONS THAT I WON’T GO INTO HAVE MANAGED TO PASS SUBSTANCE OF PRIVACY REGULATIONS I MEAN THE OPPOSITE OF PROCEDURAL IT’S NOT LIKE IF THE PERSON CONSENTS IT’S OKAY IT’S RATHER DO THIS AND DON’T DO THAT AND SO FORTH MORE OR LESS THESE ARE FAR FROM PERFECT WE HAVE FINANCIAL PRIVACY RULES THAT GOVERNS THE FINANCIAL SECTOR MANY OF YOU GO TO YOUR DOCTORS OFFICES AND YOU HAVE TO SIGN WAIVERS WHICH WAS A HEALTH PRIVACY RULE IN THIS WEIRD ANOMALY BILLY VIDEO RENTAL I WON’T GO INTO THE STORY IF YOU WANT I WILL TELL YOU LATER THIS IS WHAT THE RULES LOOK LIKE THIS ONE IS THE GL BA PRIVACY THAT IS THE HIPAA PRIVACY RULES YOU CAN SEE THE VARIOUS PARTS OF IT THEY ARE VERY LONG THAT IS THE VP A. THIS IS NORMALLY WHAT THESE RULES SAY SOMETIMES THEY WILL TALK ABOUT THE PURPOSE OF THE PRIVACY RULES

WHO THE COVERED ENTITIES ARE, AND WHAT TYPES OF INFORMATION ARE CONCERNING AND WHAT CONDITIONS MUST COVER THE TRANSFERS OFTEN THEY WILL SAY YOU ARE NOT ALLOWED TO TRANSFER THIS DATA TO A THIRD ADVERTISING PARTY OR ANY OTHER THIRD PARTIES THERE IS THAT SOMETIMES USES ARE CONSTRAINED OUT WHAT JUNCTURES SHOULD THE DATA SUBJECTS BE CONSULTED? AND WHEN THEY DON’T HAVE TO BE CONSULTED WHAT IS THE GREAT LIVE REGULATORY DODGE I HAVE BEEN TALKING ABOUT? THIS ARTFUL DEVICE IS MADE TO DECEIVE OR TRICK HERE WE ARE IN THE WORLD OF APPS AND PLATFORMS AND DEVICES HERE I HAVE DONE A LITTLE BIT OF RESEARCH ON HEALTH APPS AND ADD-ONS YOU CAN SEE SOME OF WHAT IS AVAILABLE THERE ARE THOUSANDS OF HEALTH APPS AND DEVICES JUST SHOW THE SELECTION SOME IS — HERE ARE SOME OF THE HEALTH TRACKING TIPS I WANT TO HIGHLIGHT ONE OF THEM WHICH IS THIS ONE WHICH IS A FERTILITY MONITOR I DON’T THINK THERE IS MUCH MORE YOU COULD ASK YOURSELF THE QUESTION, ARE THESE COVERED BY HIPAA? THE ANSWER IS NO THIS IS HOW ALL OF THESE DEVICES AND SYSTEMS ARE REGULATED THE SAME CHOICE APPROACH WHERE NO ONE READS IT IT CAN SAY ANYTHING IT LIKES AND SO FORTH THERE ARE LOTS OF DIFFERENT TYPES OF DODGES SOME OF YOU MAY HAVE HEARD THAT FACEBOOK IS NOW ABOUT TO COME OUT WITH CULEBRA WHICH IS A CRYPTOCURRENCY FACEBOOK ASSURES PEOPLE ITS PRODUCTS WILL NOT SOURCE GL BA, WE DO NOT KNOW ONE THING THE FINANCIAL PRIVACY RULES SAY IS IF YOU ARE PART OF, OR YOU ARE AN AFFILIATE THE DATA CAN FLOW WITHOUT NEEDING CONSENT A WARNING >> THINGS LIKE THIS WE HAVE STRONG PROFESSIONAL CODES BUT NOW WE HAVE THE DIRECT TO PUBLIC LEGAL APPS THERE NOT COVERED BY THOSE CODES THERE ARE PEOPLE WORRYING ABOUT THAT PARTICULAR SITUATION FINALLY THIS ON YOUR WEBSITE WE HAVE A COMMITMENT TO FURTHER EDUCATION AND BADLY NEEDS UPDATING IT ONLY APPLIES TO INSTITUTIONS THAT ACCEPT GOVERNMENT HEALTH AND SOMEONE THE IMPORTANT REGULATIONS TO PROTECT STUDENTS NOW WE HAVE THIS FAMILY OF VIRTUAL LEARNING ENVIRONMENTS WHICH IS A LARGE FAMILY ALSO JUST A FEW LIKE A SMALL HANDFUL OF THE MOOG’S THAT YOU CAN UTILIZE I WILL FOCUS A LITTLE BIT ENCORE SARAH FROM COURSES TWO DEGREES 100% ONLINE LEARNING FROM THE WORLD’S BEST UNIVERSITIES AND SO ON HERE IS WHAT DAPHNE HAD SAID THIS IS SUPPOSED TO MAKE YOU HAPPY AND IMPRESSED I WILL LET YOU READ IT QUESTION, THIS IS EDUCATION WORKS WITH UNIVERSITIES NICE HAPPY PICTURES OF STUDENTS EDUCATION AND TOP UNIVERSITIES HERE IT IS PRIVACY POLICY, LIKE ALMOST, I HAVEN’T SEEN ONE RECENTLY THAT DOESN’T SAY ABOUT CHANGES WE REVIEW WE WILL NOTIFY YOU HOW?

WE WILL POST A NOTICE ON OUR SITE CHECK BACK BECAUSE THINGS COULD HAVE CHANGED THAT IS THE REGULATORY DODGE WE HAVE REGULATION FOR SECTORS THAT MANY OF THE ONLINE PROVIDERS, OR MOBILE PROVIDERS ARE OFFERING SERVICES WHERE THEY PRESENT THEMSELVES NOT AS SUBJECT TO THIS PARTICULAR REGULATIONS THAT IS WHAT I HAVE CALLED THE DODGE JUST HOLD THAT THOUGHT I WANT TO TALK A LITTLE BIT ABOUT THE THEORY OF PRIVACY CONTEXTUAL INTEGRITY MONTHS OF PAPERS WHEN TRYING TO DEVELOP IT AND APPLY IT IT CONTINUES TO BE A WORK IN PROGRESS IF WE ARE STIMULATED BY THESE FAMILIES OF TECHNOLOGIES, AND I KEEP ADDING TO THE LIST IT WASN’T A PHILOSOPHER TRYING TO UNDERSTAND THE CONCEPT OF PRIVACY IT’S TRYING TO UNDERSTAND ALL OF THESE TECHNOLOGIES THAT HAVE BEEN EMERGING AS JEREMY HAD MENTIONED I WAS INTERESTED IN WHAT IS IT ABOUT WHAT THESE TECHNOLOGIES ARE DOING THAT CAUSES PEOPLE TO RESPOND IN THIS PARTICULAR WAY? THAT IS HOW I DEVELOPED THE THEORY OF CONTEXTUAL INTEGRITY WHICH IS THE WAY I AM GOING TO GO THROUGH IT WITH YOU IS BY DETAILING THE FULL KEY IDEA OF THIS THEORY WHEN I GO THROUGH THESE IDEAS ONE OF THE WAYS THAT I WILL REVEAL THEM TO YOU IS BY DISTINGUISHING THAT EACH OF THE IDEAS RESPECTIVELY, FROM SOME OF THE MORE COMMONLY EXPRESSED THEORIES OF PRIVACY THE FIRST OF THESE IS THAT PRIVACY OR CONTEXTUAL INTEGRITY IS ABOUT APPROPRIATE FLOW OF INFORMATION THIS IS IMPORTANT PARTICULARLY IN THE COMPUTER SCIENCE COMMUNITY YOU WOULD HEAR COMPUTER SCIENTISTS TALK ABOUT THE LEAKING OF DATA YOU GIVE UP YOUR PRIVACY FOR SOME UTILITY THIS IS IMPORTANT WHATEVER YOU HEAR THAT, FROM NOW ON, WHENEVER YOU SEE SOMEONE SAY THAT YOU MUST IMMEDIATELY SAY ARE YOU GIVING UP PRIVACY, OR ARE YOU SHARING INFORMATION? NOT ALL FLOWS OF INFORMATION COMPROMISE PRIVACY THE IDEA THAT SHARING AND FLOWING OF INFORMATION IS A GOOD THING IT’S A POSITIVE THING FOR SOCIETY WE WOULD NOT WANT TO VALORIZE SOMETHING LIKE PRIVACY IF IT MEANT SECRECY IT MEANS, SO THE FIRST CLAIM IS APPROPRIATE FLOW AND PUSHES BACK AGAINST THIS IDEA OF PRIVACY AS SECRECY YOU WOULD WANT TO SAY WHAT IS APPROPRIATE FLOW? THE REST OF THE THEORY IS TRYING TO DO THAT I HAVE NOT MISCOUNTED EVEN THOUGH IT IS ONE, TWO AND FOUR THERE WILL BE A THREE FOUR IS THE FINAL KEY IDEA I WILL SPEND A LITTLE BIT OF TIME WITH TWO APPROPRIATE FLOW IS FLOW THAT CONFORMS WITH NORMS OR RULES THE IDEA THAT WE HAVE EXPECTATIONS OF HOW INFORMATION WILL FLOW WHAT HAPPENS WITH TECHNOLOGY, ONE OF THE EXAMPLES I LIKE TO USE IS GOOGLE MAPS WHEN STREET VIEW CAME OUT PEOPLE FREAKED OUT GOOGLE’S RESPONSE WAS WHY ARE YOU FREAKING OUT? YOUR HOUSES IN THE STREETS THEY ARE PUBLIC PUBLIC IS PUBLIC WE ARE JUST PUTTING IT UP ON THE WEB THAT JUST SEEM LIKE A KNOCKED DOWN ARGUMENT WHAT CONTEXTUAL INTEGRITY WOULD SAY IS THERE WAS A SIGNIFICANT DISRUPTION OF FLOW PEOPLE WERE SHOCKED THE RESPONSE WAS PROTEST BECAUSE WE HAVE THESE EXPECTATIONS A LITTLE BIT FURTHER WITH CONTEXTUAL INTEGRITY IS THE THEORY OF SOCIETY IT’S NOT JUST SOCIAL SPACE BUT THAT SOCIETY IS CONSTRUCTED OF SOCIAL DOMAIN

SHOW SOUL SOCIAL REALMS SOME OF YOU HAVE READ SOCIAL PHILOSOPHY THEORIES OF SOCIOLOGY EVEN IN THE LEGAL DOMAIN WE HAVE DIFFERENT TYPES OF LAW COMMERCIAL LAW AND HEALTH LAW OR FAMILY LAW THESE ALL COMMUNICATE THAT WE HAVE DIFFERENT SECTORS AT THE BASE OF CONTEXTUAL INTEGRITY IS CONTEXT SOCIAL CONTEXT THE IS SOCIAL SPHERES THAT ARE DEFINED BY PURPOSES AND GOALS WHAT IS THE GOAL OF THE HEALTHCARE CONTEXT? THIS IS A CHALLENGING — WHAT IS THE GOAL OF EDUCATION? WHAT ARE THE VALUES? YOU MIGHT SAY HEALTHCARE IT IS TO ALLEVIATE PAIN AND SO FORTH AROUND THAT THE ACTIVITIES IN THE PRACTICES AND THE INSTITUTIONS AND THE NORMS THE NORMS THAT WE CARE ABOUT ARE THE INFORMATIONAL NORMS THESE ARE THE NORMS THAT GOVERN FLOW OF INFORMATION WHEN YOU HAVE CONTEXTUAL INFORMATION EVERYBODY IS PRETTY MUCH HAPPY THE STRUCTURE OF THE INFORMATIONAL NORMS WILL NOT — IT IS PART OF THE THEORY THIS IS THE KEY IDEA WHEN YOU ARE TRYING TO CATEGORIZE THE NORMS, LET’S SAY YOU ARE STUDYING OR YOU WANT TO EXPRESS A RULE OR YOU WERE TRYING TO MAP AN EXISTING FLOW YOU NEED TO IDENTIFY THE ACTORS ACTING IN CONTEXTUAL CAPACITIES SUBJECT OF THE INFORMATION, THE CENTER OF THE INFORMATION, AND THE RECIPIENT OF THE INFORMATION SO WHEN YOU ENTER YOUR PHYSICIAN’S OFFICE THE PHYSICIAN ASKS YOU, TELL ME ABOUT YOUR EXPERIENCES AND YOU SAY MY KNEE IS REALLY SORE YOU ARE SENDING, YOU ARE THE SUBJECT AND THE PHYSICIAN IS THE RECIPIENT INFORMATION TYPE IS THE COMPLAINT I HOPE IN THE MEANWHILE YOU HAVE BEEN READING ALL THE BOTTOM STUFF I WANTED TO GIVE YOU AN IDEA OF DIFFERENT KINDS OF CONTEXT AND THE DIFFERENT VALUES FOR THESE PARAMETERS I WILL NOT GO THROUGH EVERYTHING ON THE SLIDE WHAT IS IMPORTANT HERE IS THAT ALL OF THE PARAMETERS MATTER WHEN I SHOW YOU THESE INTUITIVE SENTENCES, LIKE A CITIZEN OF THE UNITED STATES IS OBLIGED TO REVEAL GROSS ANNUAL INCOME TO THE INTERNAL REVENUE SO THE UNDER CONDITIONS OF CAN CONFIDENTIALITY ARE REQUIRED BY LAW THAT IS A RULE BY THE WAY USE THE TERM RULE, I HAVE BEEN TALKING ABOUT CONTEXTUAL INTEGRITY, AND FINALLY A GOOD FRIEND SAID YES THIS IS ALL VERY PROMISING COMPUTER SCIENTISTS USE THE TERM IN A DIFFERENT WAY FOR THOSE OF YOU WHO ENJOY MULTIDISCIPLINARY ACTIVITIES, SOMETIMES THE LANGUAGE CAN BE A BARRIER PARENTS SHOULD MONITOR THEIR K- 12 CHILDREN’S ACADEMIC PERFORMANCE WITH OR WITHOUT THE CHILD’S CONSENT I DON’T KNOW THAT THERE IS A LAW IT IS AN EXPECTATION PARENTS WHO DON’T ARE MAY BE CONSIDERED AS NOT DOING WHAT THEY SHOULD DO IT IS SOME ASSUMPTIONS THAT WE HAVE VERY CULTURALLY SPECIFIC AND SO ON THE TRANSMISSION PRINCIPLE IS QUITE AN IMPORTANT PART OF THE STORY BECAUSE IF YOU THINK ABOUT, SAY POLICE ENTERING A HOUSE WE REQUIRE THAT THEY HAVE A WARRANT LAW ENFORCEMENT CANNOT GO AND COLLECT ANY INFORMATION THAT THEY WANT

THEY NEED TO HAVE A WARRANT THE IDEA THAT THERE IS A CONSTRAINT ON HOW THE INFORMATION FLOWS IS QUITE IMPORTANT AND HAS BEEN VERY CONFUSING TO PEOPLE I AM NOT SURE WHETHER IT WILL BE MATERIAL TO WHERE WE ARE GOING NOW BACK TO WHERE WE WERE WITH THE SECOND KEY IDEA WE HAVE THAT PRACTICE, THIS CONFORMS WITH THE CONTEXTUAL INFORMATION NORMS PAY ATTENTION TO THE FACT THAT THIS IS PURELY DESCRIPTIVE I AM TALKING ABOUT THE EXPECTATIONS THAT PEOPLE HAPPEN TO HAVE THE FIRST STEP OF THE WAY IS TO SAY THAT WE EXPECT INFORMATION TO FLOW A CERTAIN WAY YOU AND YOUR HEART KNOW THERE IS A HUGE DIFFERENCE BETWEEN SOMEBODY WALKING BY YOUR HOUSE AND SEEING YOU, AND THE PICTURE BEING POSTED ONE OF THOSE DIFFERENCES IS IN THE FIRST CASE THIS RECIPROCITY THEY SEE YOU AND YOU SEE THEM WHEN YOU POST SOMETHING ON THE WEB YOU HAVE NO IDEA WHO IS LOOKING SAME WITH SURVEILLANCE APPARATUS HERE IS A HUGE DISTINGUISH HER FROM THE FAIR INFORMATION PRACTICE PRINCIPLES WE ARE REJECTING THE IDEA OF A PROCEDURAL APPROACH THE PROCEDURAL APPROACH SAYS WE CAN DO ANYTHING BLAH BLAH BLAH AS LONG AS YOU CONSENT HERE WE ARE SAYING THERE ARE SUBSTANTIVE CONSTRAINTS AND INFORMATION FLOW IF YOU VIOLATE THOSE CONSTRAINTS YOU ARE IN TROUBLE I’M JUST GOING TO SKIP THIS THIS IS TO SHOW THAT SOME OF THOSE LAWS I WAS SHOWING YOU, THIS IS FROM HIP UP ACTUALLY FIT VERY WELL WITH THE FORMAT OF THE CONTEXTUAL INTEGRITY THIS IS ETHICS THIS IS AN ETHICS CENTER SO FAR I HAVE MAINLY BEEN DESCRIPTIVE I HAVE SAID STICK WITH WHAT PEOPLE EXPECT AND EVERYONE WILL BE HAPPY TECHNOLOGY IS DISRUPTIVE THAT ISN’T ALWAYS A BAD THING WE HAVE SCIENTIFIC DISCOVERIES IF YOU GO BACK TO THE HIPPOCRATIC OATH WHICH SAYS THE PHYSICIAN SHOULDN’T SAY ANYTHING TO ANYONE NOW WE KNOW DISEASES CAN BE CONTAGIOUS AND INFECTIOUS THEY CAN BECAUSE BY TOXIC CHEMICALS IF WE DON’T HAVE APPROPRIATE FLOW OF THE INFORMATION, WE ARE LOSING OUT ON ALL OF THESE KINDS OF DISRUPTIONS IN SCIENTIFIC DISCOVERY AND THE SOCIAL CHANGE OUR RELATIONSHIPS AND FAMILIES AND CULTURES THE SOCIAL CHANGE NORMS MUST CHANGE WHAT WE NEED IS SOME WAY, NOW WE GET TO THE LEGITIMACY THAT THESE ARE WORTH DEFENDING HOW DO YOU ARGUE, WHEN YOU ARE LOOKING, AND THERE ARE TWO POSSIBILITIES TECHNOLOGY WILL ALLOW YOU TO DO THINGS WE COULD NOT DO BEFORE YOU MIGHT HAVE THERMAL IMAGING APPARATUS THAT ALLOWS YOU TO SEE HEAT PATENS THROUGH A WALL A WALL WITH A COMPLETE BARRIER NOW WE CAN KIND OF SENSE STUFF GOING ON BEHIND THE WAR WE DON’T HAVE NORMS FOR SEEING THROUGH WALLS WE NEED TO FIGURE IT OUT SOMETIMES WE HAVE CHANGES LIKE FACEBOOK’S NEWSFEED THE ARGUMENT, IT REQUIRES SOME DELICACY IS THAT WE NEED TO GO THROUGH SOME PROCESSES WE NEED TO CONSIDER IN THE FIRST LAYER OF ANALYSIS THE INTERESTS OF THE DIFFERENT PARTIES WHO ARE AFFECTED BY THESE INFORMATION FLOWS WHO ARE THE WINNERS AND WHO ARE THE LOSERS?

THERE HAS BEEN DISCUSSION ABOUT, FOR EXAMPLE ADD TAKE NOWADAYS WE HAVE ALGORITHMIC DECISION SYSTEMS THAT HELP EMPLOYERS IDENTIFY FINALIST FOR A JOB WE HAVE SO MANY DIFFERENT SYSTEMS IN THE RUSH TO AUTOMATION, MANY PEOPLE ARE CONCERNED THAT THE ERA, ARE ACTUALLY HIGHER FOR SOME GROUPS OF PEOPLE OVER OTHERS I’M SURE YOU BEEN READING RACIAL DISPARITIES AND GENDER DISPARITIES WE ASK WHEN YOU INSTITUTE A CERTAIN SCHEME, WHO ARE THE WINNERS AND WHO ARE THE LOSERS? THAT’S WHAT WE MEAN BY INTEREST AND PREFERENCES OF THE AFFECTED PARTIES IN THIS WAY CONTEXTUAL INTEGRITY ASKS US TO TAKE INDIVIDUALS INTO CONSIDERATION WHEN A COMPANY KNOWS A LOT ABOUT YOU AND DECIDES TO SERVE YOU ADS, IT KNOWS YOU WOULD BE VULNERABLE TO THEY CAN MANIPULATE YOU BASED ON WHAT THEY KNOW ABOUT YOU, THEN WE CAN SEE THE POWER AND BALANCE HAS A DELETERIOUS IMPACT COMPANIES KNOW A LOT ABOUT US THEY FORMULATE PROFILES AND SO FORTH THIS IS VERY SOPHISTICATED I CAN BE EVEN THINGS LIKE, MANY OF YOU MAY HAVE READ ABOUT DATA BREACHES IT IS CHEAP TO STORE DATA COMPANIES NEVER WANT TO THROW DATA OUT WHAT HAPPENS IS IT’S VERY HARD TO SECURE THE DATA THE BREACHES, WE DON’T HAVE A LAW AT THE MOMENT IT’S VERY DIFFICULT FOR AN INDIVIDUAL TO SHOW THEY HAVE BEEN HARMED THROUGH A DATA BREACH AT THE MOMENT THE PARTIES WHO ARE BEARING THE GREATEST BURDEN ARE THE INDIVIDUALS IT IS THAT KIND OF ANALYSIS INTEREST AND PREFERENCES THIS IS NOT UNCOMMON IN THE POLICY DOMAIN TO DO THIS KIND OF ANALYSIS SECOND ARE THE ISSUES OF ETHICAL AND POLITICAL PRINCIPLES I TALKED ABOUT INEQUALITY BIAS AND IN JUSTICE AND FAIRNESS AND SO ON THERE IS A HUGE, VERY LARGE AND RICH LITERATURE IN THE PRIVACY COMMUNITY LOOKING AT THINGS LIKE FREEDOM BEACH OR FREEDOM OF CHOICE IF PEOPLE ARE WATCHING OVER YOU YOU MAY BE CONCERNED ABOUT WHAT YOU SAY AND SO FORTH AND THE VALUES THAT ARE PROTECTED BY PRIVACY THIS IS A SOCIETAL CONSIDERATION THE THIRD IS THE ONE, ALL OF THESE THERE IS A LOT OF WORK GOING ON IN THIS NOTICE THAT THE APPROPRIATE FLOW OF INFORMATION AFFECTS THE ACHIEVEMENT OF CERTAIN CONTEXTUAL FUNCTIONS PURPOSES AND VALUES LET ME JUST SAY WHAT I MEAN WE ARE NOW GOING BACK TO WHAT IT IS THAT DEFINES A CONTEXT CONTEXT ARE ORIENTED AROUND VALUES AND PURPOSES HERE ARE SOME HERE IS WHERE THE PRIVACY SCHOLAR HAS TO STEP BACK I THINK THE PITY OF IT IS OFTEN YOU WILL SEE PRIVACY DISCUSSIONS SAY WITH THE FDC AND SO FORTH THAT IS THE PRIVACY ADVOCATES WHO ARE IN THE ROOM IT SHOULDN’T ONLY BE US IT SHOULD BE THE AREA EXPERTS WE NEED THE PRINCIPLES OF THE SUPERINTENDENCE AND THE PARENTS TO BE TALKING ABOUT THE GOALS OF EDUCATION AND WHAT THE RULES SHOULD BE SO WE CAN COME UP WITH THE RIGHT KIND OF RULES TO MAKE SURE THOSE ARE PROVIDED THESE ARE SOME OF THE THOUGHTS THEY ARE DIFFERENT AND THEY REQUIRE DIFFERENT KINDS OF RULES TO PROMOTE DIFFERENT KINDS OF ENDS AND PURPOSES THIS IS A REALLY RANDOM THING I’VE HEARD SO MANY PEOPLE TALK ABOUT FACEBOOK AND CAMBRIDGE ANALYTICA

EVEN A REALLY HIGH QUALITY NEWS OUTLETS I CONSIDER MPR TO BE ONE OF THOSE OR THE NEW YORK TIMES THEY WOULD SAY OH ISN’T IT A SHAME THAT FACEBOOK SHARED INFORMATION WITH CAMBRIDGE ANALYTICA? WITHOUT YOUR PERMISSION WITHOUT YOUR PERMISSION YOU HAVE TOLD ME YOU DON’T READ PRIVACY POLICIES YOU MIGHT HAVE ALREADY GIVEN YOUR PERMISSION THAT IS NOT THE PROBLEM WITH CAMBRIDGE ANALYTICA AND EVERYTHING THAT HAPPENED AS A RESULT OF IT IT IS THIS IT’S THE FACT THAT IT DESTABILIZES DEMOCRACY AS WE KNOW IT IT THREATENS FUNDAMENTAL POLITICAL VALUES THAT IS THE PROBLEM WITH CAMBRIDGE ANALYTICA TO KEEP HOPPING ON THE FACT IF ONLY IF THERE HAD BEEN A LINE IN THE PRIVACY POLICY THINGS MIGHT HAVE BEEN DIFFERENT I DON’T THINK SO HERE IS THE DIFFERENCE BETWEEN CONTEXTUAL INTEGRITY AND SOME OF THE DOMINANT APPROACHES TO PRIVACY I WANT TO STRESS THIS FIRST OF ALL PRIVACY ISN’T ALWAYS CONTRARY TO OTHER VALUES GOOD RULES ARE BALANCED RULES AND PROMOTE MULTIPLE VALUES THAT’S WHAT IT IS TO BE APPROPRIATE THEY ARE NOT ALWAYS CONTRARY TO SOCIETAL VALUES IN PARTICULAR THEY ARE NOT ALWAYS PROMOTING THE INTEREST OF THE DATA SUBJECT AWAY MANY PEOPLE THINK ABOUT PRIVACY AT THE MOMENT IS VERY MUCH AN INDIVIDUAL GIRTH YOU ALWAYS HAVE TO BAFFLE AGAINST THOSE WHO SAY SOCIETY NEEDS TO ALSO BE TAKEN INTO CONSIDERATION THIS IS THE SUMMARY OF THE MAIN POINTS AND THIS IF YOU WALK AWAY, AND REMEMBER ONLY ONE THING OUT OF THIS ENTIRE TALK IT IS JUST THIS WE REACHED THE CONCLUSION THAT, THIS IS THE TOUGH PART HOW DO WE SEE THIS REGULATORY DODGE? IF YOU GO TO THIS QUESTION OF WHAT ARE THE NORMS FOR EDUCATION? WHAT ARE THE PURPOSES IN THAT? IT DEPENDS ON WHAT WE THINK THOSE PURPOSE AND VALUES ARE IF WE THINK IT IS JOB TRAINING, THAT IS ALL THE EDUCATION IS ABOUT OR READING OR WRITING ARITHMETIC, THEN WE MAY HAVE ONE IDEA OF WHAT THOSE RULES SHOULD BE WE MAY THINK IT’S OKAY FOR SCHOOLS TO SHIP OFF WHAT THEIR STUDENTS PERFORMANCE WAS WITHOUT EVEN ASKING ANY OF THE PARENTS IT IS ALL ABOUT JOB TRAINING AND THE ECONOMY WHEN YOU TALK ABOUT INTELLECTUAL DEVELOPMENT AND INTELLECTUAL FREEDOM YOU HAVE SOMETHING IN MIND WITH THE MOVE?, THE CONCERN IS THAT THE [ INDISCERNIBLE ] TAKERS PRESENT AS IF YOU ARE A STUDENT THEY TREAT YOU LIKE A CONSUMER THEY ARE VERY DIFFERENT WAYS THAT WE HAVE OF TREATING STUDENTS AND CONSUMERS HERE ARE JUST SOME OF THE THINGS THAT COME TO MIND I WILL FINISH IN A COUPLE OF MINUTES I WANT TO REMIND YOU THE RELATIONSHIP THAT WE HAVE WITH SOME OF THE COMMERCIAL WEBSITES THAT ARE RUN BY MOTORS AND CHOICE AND SOME OF THE ISSUES WITH IT AND WHAT YOU WOULD LIKE SAY [ INDISCERNIBLE ] REGULATION WE DON’T HAVE IDEALS REGULATION AT THE MOMENT WE ARE STRUGGLING WITH WHAT THAT LOOKS LIKE WE SEE A HUGE DIFFERENCE I JUST LIKE THIS QUOTE DO WE WANT SCHOOLS TO BECOME THIS KIND OF DOMAIN? MY OWN PROPOSITION IS THAT WE CONFRONT THE DODGE WE INSIST THAT WHAT WE MUST PURSUE AS EDUCATIONAL INTEGRITY, DEVELOPING

INFORMATION RULES IT COULD BE ANY KIND OF INTEGRITY IT COULD BE FINANCIAL INTEGRITY I ACTUALLY WISHED WE WOULD HAVE LOTS MORE APPROACHES THAN WE DO TODAY WE HAVE A FEW BUT WE NEED LOTS MORE THE RULES THAT IS FULLY SPECIFIED, THIS IS SOMETHING I FORGOT TO SAY WE HAVE DONE STUDIES, A SERIES WHERE WE DEMONSTRATE THAT IF YOU DON’T ACTUALLY SPECIFY ALL THE PARAMETERS THAN PEOPLE READ AND THEY INTERPRET AND SEE THAT CENTER AMBIGUOUSLY IF YOU DON’T SAY WHO YOU ARE SHARING WITH PEOPLE WILL FILL IN THE BLANK THEMSELVES IT MAKES A DIFFERENCE WE NEED THE RULES TO SPECIFY EVERYTHING AND BE MINDFUL OF THE END PURPOSES AND VALUES OF THE CONTEXT THAT IS WHERE WE WILL HAVE CONTEXTUAL INTEGRITY THANK YOU >> THANK YOU FOR THE TALK I WAS WONDERING WHAT HAPPENS ON YOUR ACCOUNT OF CONTEXTUAL INTEGRITY, WHEN THE EXPECTATIONS HAVE CHANGED AND SOLIDIFIED AROUND SOMETHING THAT IS SUB OPTIMAL WITH RESPECT TO THE GOALS AND VALUES FOR EXAMPLE LOTS OF PEOPLE MY AGE OR OLDER COMPLAIN THAT MILLENNIALS DON’T HAVE ANY EXPECTATION OF PRIVACY ANYMORE RIGHT? >> THAT IS A GREAT QUESTION >> NO MILLENNIALS DON’T HAVE EXPECTATIONS OF PRIVACY THEY HAVE DIFFERENT EXPECTATIONS OF PRIVACY YOU CAN HAVE NORMS THAT ARE INFRINGED MISTAKENLY INFRINGED IN A SOCIETY AS WE CHANGE THE STRUCTURE OF SOCIETY WE SEE THE NORMS ARE PROBLEMATIC SOMETIMES, WHAT THE RECOMMENDATION FROM THE PERSPECTIVE OF CONTEXTUAL INTEGRITY IS THAT WE NEED TO BE PERFORMING THESE ANALYSES IN EARNEST IF WE ARE GOING TO PASS REGULATION WE NEED TO HAVE AN UNDERSTANDING OF THE CONSEQUENCES I WOULD ARGUE A LOT OF WORK THAT WE SEE, BECAUSE THERE’S THIS THING CALLED THE PRIVACY PARADOX THE CLAIMS THAT PEOPLE WILL SAY WE LACK PRIVACY BUT THEY WILL DO ALL SORT OF THINGS THAT ARE THE OPPOSITE ONE OF THE MANY REASONS IS THAT PEOPLE HAVE NO CLUE WHAT IS HAPPENING AND WHAT THE POTENTIAL AND THE CONSEQUENCES OF THEIR ACTIVITIES ARE AND A LOT OF THE BEHAVIORS WE ARE SEEING I THINK IT IS EDUCATION, SEEING THE OTHER SHOE TO DROP AND AND SOMETIMES IT IS US TO SAY WHY ARE WE BEING SO UPTIGHT ABOUT THIS OR THAT? AT THE CORE OF IT IS THE ETHICAL ANALYSIS THANK YOU >> I HAVE TWO QUESTIONS THAT HAVE NOTHING TO DO WITH EACH OTHER

THE FIRST IS GDPR, IS IT A GOOD THING? WILL THE U.S. EVER ADOPTED? I HEAR CANADA MAY THE OTHER IS, IN MY OPINION THERE IS CONFUSION IN THE PUBLIC ABOUT SECURITY VERSUS PRIVACY THAT IT IS A RELATIONSHIP THAT GOES HAND IN HAND YOU CAN HAVE TOO MUCH SECURITY WHICH REDUCES PRIVACY BUT YOU CAN HAVE PRIVACY WITHOUT SECURITY I’M JUST CURIOUS ABOUT YOUR THOUGHTS ON THAT AND WHETHER IT’S ACCURATE >> THE SECOND POINT ABOUT SECURITY AND PRIVACY I AGREE OFTEN, ESPECIALLY IN THE EARLY COMPUTER LITERATURE, OFTEN THEY WOULD BE TALKING ABOUT SECURITY WHEN IN FACT, SORRY THEY WOULD BE USING THE TERM PRIVACY WHEN IN FACT THEY MEANT SECURITY THAT MAY BE THE ROOT OF THIS IDEA AND COMPUTER SCIENCE THAT PRIVACY AND SECRECY ARE THE SAME THING >> THAT IS SECURITY IT IS ALSO PRIVACY IN SOME SENSE, UNDER SOME CONDITIONS MANY QUESTION, I DON’T KNOW WHAT TO SAY I LIKE THE U.S. SECTORIAL APPROACH IF IT WERE DONE RIGHT THE GDPR STILL HAS THE SKELETON OF THE FAIR INFORMATION PRACTICE PRINCIPAL THE FUNDAMENTAL ISSUE I HAVE WITH IT IS, THE CORE PROBLEM IS THAT IT SAYS YOU NEED TO SPECIFY THE PURPOSES FOR THE COLLECTION AND THE YOUTH HAS TO BE CONSISTENT WITH THE PURPOSE SPECIFICATION IT DOESN’T SAY WHAT ARE THE LEGITIMATE PURPOSES YOU CAN HAVE A COMPANY THAT JUST SAYS, WE WANT TO MAKE A PROFIT THAT IS OUR PURPOSE WE WILL NEVER USE THE DATA AND ANY OTHER WAY EXCEPT TO PROMOTE THE PURPOSE I HAVE A PROBLEM THAT’S MY MAIN PROBLEM OF COURSE AS LONG AS THE PERSON SAYS YES AND NONE OF US READ THE POLICY, THAT IS THE STORY PR DOES TRY TO DO SOMETHING IT TRIES TO TALK ABOUT LEGITIMATE PURPOSES IT DOES TRY TO LIMIT THE PURPOSES ACCORDING TO SOMETHING I HAVE TRIED TO GO TO THESE GDPR COMMISSIONERS I SAID YOU KNOW WHAT WOULD BE A LEGITIMATE PURPOSE, CONTEMPTUOUSLY APPROPRIATELY I WOULD SAY IF YOU’RE A BANK THIS IS THE LEGITIMATE PURPOSE AND WE SPECIFY ACCORDING TO THE CONTEXT THAT IS MY HOPE I HOPE AS I SPEAK TO ENOUGH PEOPLE, GDPR, AND THEN WE ARE TALKING SECTORAL THEN EACH OF THE ENTITIES THAT ARE BEING REGULATED, THE DATA PROCESSES WILL NEED TO LIVE BY CERTAIN RULES DEPENDING ON WHAT CONTEXT THEY ARE OPERATING IN THAT IS MY HAPPY DREAM >> THANK YOU FOR THAT TALK I AM WONDERING ABOUT CONSENT A LOT OF YOUR ARGUMENT AGAINST THE CONSENT MODEL WAS BASED ON THE STATEMENTS WHICH NOBODY READS AND COULD NOT UNDERSTAND IF THEY DID THERE ARE A LOT OF OTHER WAYS TO APPROACH CONSENT AND HEALTHCARE CONTEXT WHEN YOU CONSENT TO A MEDICAL PROCEDURE IT IS THOROUGHLY EXPLAINED

YOU HAVE TO SIGN MAYBE I GOT THE WRONG IMPRESSION D THROW CONSENT OUT THE DOOR ALTOGETHER, OR IS THERE A PLACE FOR IT? >> THERE’S DEFINITELY A PLACE FOR IT ONE OF THE ARTICLES I WROTE A FEW YEARS AGO, I LOOKED AT SOME OF THE INFORMED CONSENT LITERATURE PARTICULARLY IN THE BIOMEDICAL DOMAIN, AND WHAT I REALIZED IS, THERE ARE TWO THINGS IN THE STRUCTURE OF CONTEXTUAL INTEGRITY, CONSENT IS ONE OF THE TRANSMISSION PRINCIPLES THERE ARE TIMES WHERE THE FLOW OF INFORMATION NEEDS CONSENT IT DEFINITELY HAS A ROLE EVEN WHEN YOU WERE TALKING WITH FRIENDS AND IT IS CONSENSUAL, THE FLOW OF INFORMATION IS CONSENSUAL WHERE AS WHEN YOU ARE FILING YOUR TAX RETURN YOU ARE BEING COMPELLED TO PROVIDE CERTAIN INFORMATION COMING BACK TO THE QUESTION OF CONSENT,