Thursday, June 06, 2013

You Don't Have Digital Privacy Thanks To PRISM

If you reconsidered using Verizon after discovering that the NSA was collecting your phone records, you should probably turn your computer off now. In another stunning publication the Guardian reported today about a program called PRISM which has been monitoring 9 large tech companies and thus most likely your email.

This program allows the NSA direct access to the servers of Microsoft, Yahoo, Google, Facebook, Paltalk, AOL, Skype, YouTube, and Apple. To put that in perspective, When you're at work if you're using Google Apps for Business (like I do) you're being monitored. If you were an early internet user and still have your Hotmail, AOL or Yahoo email addresses - you're being monitored. If you're purchasing books or music through iTunes, you'd be monitored. Vacation pictures on Facebook? You're monitored...

The worst part of this all, Congress voted on allowing this in the Protect America Act without much of a debate voting quickly on a Friday in 2007 to avoid being seen as soft on terrorism. That program which lacked judicial oversight to begin with - has since been expanded into what we learned of today.

While those companies denied knowledge of the program and didn't know what PRISM was until this report came out earlier today, the reality is even those companies don't have the best track record with defending users privacy rights as shown in this EFF Report. Whether it is not requiring a warrant for content or not telling users about government data requests- it's hard to trust either the companies individual use of data and how such data is shared with third parties willingly, so when even that level of data security is frequently compromised without users being notified it's an even greater breach of trust when those companies don't know they're also being watched.

Previous scandals such as the Google WiSpy scandal, AOL search leak, Facebook App's Privacy issues and iPhone tracking illustrate those companies whether through a desire for more data, a lack of respect for users, negligence in managing data or interest in helping advertisers - are all guilty of having breached users trust in the past. And this doesn't even include what happens when all of that data is being tracked by the government.

Now the comments by Senator Ron Wyden in May of 2011 can be seen in context I think most will agree: "When the American people find out how their government has secretly interpreted the Patriot Act, they will be stunned and they will be angry."

I know I am. Though I'm hopeful now that this abuse has come to light we can begin a serious conversation about privacy rights in a digital age.

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Sunday, March 04, 2012

Sometimes People Do the Right Thing

I just saw the following story and thought in this current climate of political polarization and irrational attacks, it was honestly refreshing to see someone examine his behavior and then hold himself accountable.
What do you do if you are a federal judge who sent an inappropriate email about the president?
You file a complaint against yourself, obviously.

Chief Federal Judge Richard Cebull was outed this week after sending a “racially charged” email to his home address and several other contacts via his chamber computer.  According to Cebull, who was appointed to his judgeship by former President George W. Bush, he didn’t send the email on because it was racist, however, but because it was anti-Obama.

Via the Great Falls Tribune, “The judge acknowledged that the content of the email was racist, but said he does not consider himself racist. He said the email was intended to be a private communication. ‘It was not intended by me in any way to become public,’ Cebull said. ‘I apologize to anybody who is offended by it, and I can obviously understand why people would be offended…This is a private thing that was, to say the least, very poor judgment on my part…I did not forward it because of the racist nature of it. Although it is racist, I’m not that way, never have been.’”

As word of his actions spread, Cebull realized that a more heartfelt apology was in order, so he provided one to the person who most deserved it — President Barack Obama.  “I sincerely and profusely apologize to you and your family for the email I forwarded. I accept full responsibility; I have no one to blame but myself. I can assure you that such action on my part will never happen again….Honestly, I don’t know what else I can do. Please forgive me and, again, my most sincere apology.”

But he did find one more thing he could do.  He filed a complaint against himself, initiating a disciplinary investigation on his own actions.  “‘Chief District Judge Cebull has publicly acknowledged that he has acted inappropriately,’ said Cathy Catterson, circuit executive for the U.S. Court of Appeals for the 9th Circuit, in a prepared statement. ‘By letter to Chief Judge Alex Kozinski of the Ninth Circuit, Judge Cebull has initiated the process by which a complaint of judicial misconduct will be brought against him, Chief Judge Kozinski has informed the Judicial Council of the Ninth Circuit of the complaint. The Judicial Council is expected to act expeditiously in investigating and resolving this matter.’”

According to the National Law Journal, once the investigation is completed, Cebull could face any form of discipline ranging from a reprimand to impeachment.

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