Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Hot on the Blog
Raffi Cavoukian
Michel Kelly-Gagnon

GET UPDATES FROM Michel Kelly-Gagnon
 

Should We Trust the Government to Protect Our Online Privacy?

Posted: 10/29/2011 9:25 am

Privacy is logically a matter of individual conscience. It belongs to every individual to decide what he considers part of his private life and how much of it he is willing to expose to others.

When you invite a friend into your home, when you walk in the street, when you post something on the Internet, or when you make an economic transaction, you are releasing some information about you. In other words, social life necessarily involves a breach of privacy, and it is -- or should be -- up to each individual to decide which trade-off he is willing to make between the benefits of privacy and the benefits of social interaction.

Of course, there are costs to whatever one chooses. One can't have both the benefits of total privacy and the benefits of total social immersion. Sacrificing some social life in favour of privacy involves a cost; sacrificing some privacy in order to have more of a social life does too. But ultimately, that is a matter for each one of us to decide.

As more and more of our social life seems to be going on in the virtual world of the Internet, this is the kind of fundamental principle that should inform the debate about privacy online. Unfortunately, this as on so many other issues, calls for the government to take this responsibility away and to decide on behalf of all of us have muddled the debate.

For example, there have been more and more attacks on the privacy practices of large IT companies such as Google and Facebook in recent years. Governments are investigating Google for inadvertently collecting data transmitted to its Street View vehicles by unprotected home computer networks. Facebook is also under investigation by the Irish privacy commissioner for the way it uses its customers' information.

Now, in theory, nobody is forced to deal with Google or Facebook. If you stay inside your home or behind your garden walls, a Google Street View car will never see you. If you refuse to become friends with anyone on Facebook and you don't post any pictures or information about yourself on the Internet, you will remain mostly invisible in that virtual world.

There may of course be a high cost in avoiding Google, eschewing Facebook, and living as a recluse, but there is also a cost (a privacy cost) in making the opposite choice and trying, for example, to have as many friends and social connections as possible.

Some people seem to think that individuals are not wise enough to make these choices, and that somebody has to decide for them and impose the same trade-off on everybody. I prefer to think that any individual, in matters concerning his own life, is wiser than anybody else. And that there is usually a way to solve these matters without recourse to government intervention.

For example, private companies do have incentives to be careful with their customers' data. Indeed, they usually have elaborate privacy policies. Google blurs faces and licence plate numbers from its street views, and you can ask them to delete more. This would be the case even without the threat of government intervention. Facebook bowed to pressure from users and privacy advocates and made various changes to simplify its privacy settings and allow less information to be shared and searched on its pages.

Any private supplier can only use or request information from his customers up to the point where the marginal benefit for him stops outweighing the cost of bad publicity and the loss of unhappy customers. Free markets provide their own checks and balances, especially when hundreds of potential competitors are lurking.

It is simply not possible to have everything -- both to force companies to guarantee total privacy, and to have efficient social networks and information to which advertisers and investors will continue to flock. If somebody disagrees with that assessment, he is quite free to go and create the next search engine or social network, and use none of his customers' data. Good luck!

These views may seem unconventional in today's debates, but they are not exactly far-fetched or original. I am simply proposing to rely mostly on private choices when dealing with privacy issue, something that should be obvious and logical. This is in opposition to the reigning 'public,' that is, government approach to this problem.

There is indeed a great paradox here. The very governments which have built large databases with information that they legally force individuals to provide, which have created ID papers and systems that make individuals continuously traceable -- these very governments are now harassing private companies that offer benefits in exchange for voluntarily giving up some privacy (or giving up privacy that is impossible to protect in an advanced society). Who will watch the watchdog?

General legal rules are certainly necessary to facilitate life in society. But there is no place, in a free society, for bureaucrats and politicians to impose their uniform vision of privacy. Let every individual take care of his own privacy, and make the trade-offs he chooses. Let companies compete for offering consumers different mixes of privacy and other benefits. And let's accept that, contrary to the public view of privacy, there is no panacea in politicians and government bureaucrats making such decisions for everybody.

 

Follow Michel Kelly-Gagnon on Twitter: www.twitter.com/iedm_montreal

Privacy is logically a matter of individual conscience. It belongs to every individual to decide what he considers part of his private life and how much of it he is willing to expose to others. When...
Privacy is logically a matter of individual conscience. It belongs to every individual to decide what he considers part of his private life and how much of it he is willing to expose to others. When...
 
 
  • Comments
  • 17
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Bloggers
Recency  | 
Popularity
01:51 PM on 11/04/2011
Excellent article. In fact, the principle exposed by Mr. Kelly-Gagnon is observed in various situations. What is more fundamental than our privacy? Our survival. Theoretically, one should always aim at maximizing its probabilities of staying alive. However, if we keep in mind the sole variable of "surviving", it has a great cost in terms of self-development and quality of life. Indeed, we sacrifice percentage points of "staying alive" when we take the plane, drive our car, cross the street, in order to increase our quality of life. Individuals, as mentioned in Mr. Kelly-Gagnon's text, are best positioned to evaluate the risks they are willing to take for their own lives. You might attribute a high value to Europe and be inclined to risk taking a plane (which could crash) in order to visit Europe. A government that would want to prevent its citizens to be hurt or die might stop them to choose based on their individual preferences and, therefore, maximize their happiness. For instance, economic analysis of law has shown that the law which forces individuals to wear seatbelts has, in fact, increased the number of deaths and car accidents because people were driving in a more dangerous matter. Clearly, the legislator didn't take that variable into consideration. The government doesn't hold all the necessary information to impose individual choices.
Mr. Kelly-Gagnon perfectly demonstrates the notion of trade-off and individual choices in his text on privacy.
01:46 PM on 11/04/2011
Michel, well stated. I agree with your POV entirely. Privacy is, at its core, a subjective concept and eschews objective definition (which, of course, is fundamental for the application of good law and legislation). We can no more claim a "right" to privacy than we can claim a right to love or happiness. On the other hand we can claim the right to "pursue" privacy -- here the US Declaration of Independence is instructive when it enumerated the "right to life, liberty and the pursuit of happiness" -- and again pursuing privacy is dependent upon each of our own subjective interpretations of what privacy is. No government, however omnipotent and kind, can make that determination. Of course we do know that, by definition, no government is ever omnipotent or kind. Your article reminds me of the immortal words of the Great(full Dead) John Perry Barlow - " Relying on the government to protect your privacy is like asking a peeping tom to install your window blinds."
photo
BBackSoon
Hello, I must be going.
02:18 PM on 11/01/2011
You seem to think the 'Free Market' will take care of everything. But since we have a Fixed Market, and those that have fixed the market also control much of the Government, what exactly are you arguing for or against?

I am more worried about my bank than my government.
02:37 PM on 10/31/2011
Michel Kelly-Gagnon is right on that one. It is up to individuals to choose which companies they will deal with. Nothing prevent me to stop using Facebook. I think the privacy costs don't outweight the social benefits. Even if you are using Facebook, there are ways to protect different part of your informations. Some of the features to protect yourself were added later after the creation of the company, a sign that Facebook knows it is competing against other companies or other possible entrants and knows it has to offer as many options as possible to their customers. Free market and individualism are really the solution to privacy problem. If you really have a concern with those websites, you can just not go on them. After all, you are free to choose.
This user has chosen to opt out of the Badges program
02:08 PM on 10/31/2011
"Privacy is logically a matter of individual conscience."
-Good article, but not all of the story. Rfid's, the home invasion surveillance 'smart' grid, warrantless wiretaps, the new id plan being implemented next year starting with criminals to 'scan iris', being felt up at the airport, new 'street surveillance that includes speaker systems'(?), the list is very long on surveillance going in, it's not just on the internet. This article about companies, the issue of privacy is not just companies but government overreach.He also forgot to mention fcbk's 'facial biometrics'.

We need to store our rights to privacy and get the greece out of government. Ron Paul in 12'
photo
HUFFPOST SUPER USER
jsgaetano
Legum servi sumus ut liberi esse possimus
01:55 PM on 10/31/2011
((Free markets provide their own checks and balances,)) - Where is proof of this claim? I've never seen "free" markets do anything except exploit until there are only a few big fish in the pond, then those big fish start attacking each other.
This user has chosen to opt out of the Badges program
photo
OneFish
Various and assorted mutualistic microbial buddies
01:44 PM on 10/31/2011
NO.
photo
HUFFPOST BLOGGER
Michel Kelly-Gagnon
10:24 AM on 10/31/2011
@Gravff Itti & laymancanuck: My central argument is not that companies are angels or that transactions with them are without inconvenients, but rather that everybody is free to make, on his or her own, a cost / benefit analysis of the relationship. This is an option that is not available when it comes to our relationship with governements, because of their coercitive powers (i.e. they can force people to provide them with various data, and they do). History (especially in the 20th century) provides many demonstrations that governments can make harmful use of data collection to a level way beyond what any corporation (even the big evil ones you seem to be having in mind) could ever dream to do.
This user has chosen to opt out of the Badges program
photo
arcsong
David Archer Toronto based Composer, Guitarist
05:59 PM on 10/31/2011
Michel, I think your central argument is actually the false assertion that individual freedom to make a cost/benefit analysis - and the ability to make such an analysis in a meaningful, effective and fully informed way in the face of deliberate efforts to prevent that very result - are the same thing when obviously they are not.

The ramification of acceptance of this fallacious model and the reduction/elimination of government standards, protections and involvement is that business would then have more opportunity to exploit those who, for whatever reason, are unable to make that analysis effectively.

Maybe that’s fair game to you but I say it’s anything but.

Good government relies on checks, balances, transparency and accountability. I happen to believe the same is true of the business/corporate world. (right now we appear to be far from both of these ideals)

The rights of the private sector do not include the rights to unfettered exploitation of Canadian citizens.

Seems to me you consistently argue for for the rights of business to access/exploit but never for the rights of citizens to expect reasonable protection from predation.

You appear to believe that government is readily capable of coercive and threatening behaviors but do not exhibit the same concerns of the corporate world.

I’ve said it before: Trust government not at all and business even less. Reverse the equation if it makes you feel better.

We need both, but there’s no need to trust either.
08:46 PM on 10/30/2011
What crap.

That the author believes that individuals will know enough to protect their privacy is fallacious and misleading. In most cases individuals are far too trusting or simply ignorant of the risk.

Corporations NEVER have the individual (or specifically the individual's privacy) as a chief concern. The concern for the corporation (owners/shareholders) is the bottom line, their ROI, their dividends, etc.

The idea that a corporation is considered a 'person in the eyes of the law' is a complete farce. No corporate entity will ever hold the same integrity that individuals do, and no corporation will ever be held accountable to the same degree as a human individual. When a corporation is executed in the state of Texas then maybe a corporation can be considered a 'person in the eyes of the law'.

But, until then, corporations should be regulated by the force of law to protect individuals privacy. To advocate caveat emptor with regards to privacy is the hollow, bogus advice from corporate apologists like Michael Kelly Gagnon.
05:44 PM on 10/30/2011
The point of this perfectly good article (which some seem to have missed) is not that "the market" will protect your privacy, it's that you will (or won't) protect it -- and you're the only one who can, ultimately. Tort law is not that powerless that companies can actually lie about what you're exchanging for the convenience of using their "free" services; you have the means to make an informed choice if you want to pay attention to it.
03:54 PM on 10/30/2011
Excellent article. Privacy is a thorny issue, which no one-size-fits-all, top-down government decree can resolve adequately. What's the problem with allowing individuals to decide for themselves what trade-offs to make? Corporations will profit from our information by selling it to others who will try to -- gasp! -- sell us something. And even then, they have an incentive not to piss off their customers. The incentive structure keeping governments in check is far weaker, even in a democracy.

As Thomas Sowell is fond of saying, there are no solutions, only trade-offs. Markets are not perfect, but they are flexible and responsive and can accommodate multiple options. The cost of believing in one perfect government solution for all is just a little bit more of our precious freedom.
photo
laymancanuck
IGNORANCE has used up its quota of TOLERANCE
01:47 PM on 10/29/2011
Here's an outdated argument, that the 'free market' will protect citizens. Corporations profit from personal data they correct and sell to other corporations. Left unregulated corporations have no morals and don't care about people. By the time the 'market 'becomes aware that consumers have been exploited the corporation has profited and consumers have been exploited. Trust corporations more then government, citizens don't have a good track record for that. Stop with the same old Conservative pro corporate propaganda. We just don't buy it.
This user has chosen to opt out of the Badges program
11:48 AM on 10/29/2011
Putting our medical records online will probably be done by Indian BPO companies...

http://www.vdare.com/posts/obamacare-a-boon-for-indian-bpos
Obamacare a Boon for Indian BPOs | VDARE.com

"Obama's national health care program will cause new pressure to reduce costs, and with it more U.S. jobs will be moved to lower cost locales such as India's business process outsourcing (BPO) juggernaut. Indian BPOs anticipate that Obamacare will spur more U.S. dollars to flow to their country, which will in turn create jobs for Indians and increased profits for companies who do the work in India. The optimism of Indian BPOs seems justified considering that huge parts of our healtcare infrastructure have already moved to India.

Several articles have recently been published during the last several days. An India Times article went online on March 23, 2010 and then very similar articles started appearing in the U.S. Two days later one of them was published by the Washington Post. Within days the same article with different titles started popping up in other cities. The origin and proliferation of the story are striking examples that illustrate how our newspapers have also been offshored.

Be sure to watch the India Times video report..."
HUFFPOST SUPER USER
ringo3khan
01:09 PM on 10/31/2011
Very true; but the way I see it, Generation Next will have no privacy rights and they'll never really understand what was lost. Rather, their lives will be ruled by a new paradigm whereby those who "hide" information will be punished.
This user has chosen to opt out of the Badges program
02:07 PM on 10/31/2011
They'll live in Orwell's "1984".
HUFFPOST SUPER USER
Geauterre
Writer, Author, Commentator and Humorist.
10:49 AM on 10/29/2011
Michel Kelly-Gagnon's article is a very interesting mix of befuddlement and confusion. Befuddlement in the way he seems to suggest that not all corporations using information will use it to the detriment of the consumer, and confusing in that he implies by this that consumers had best beware what 'they' are doing, rather than anyone else.

However, the crux of the matter is slightly different from that. Corporations don't care a whit about the security of consumers as long as they can get away with influencing the outcome of financial decisions. What to buy, when to buy, how to buy. Albeit, at times the government does seem to edge in where it's not necessarily needed, but still they are a critical part of the internet quandary: to want or not to want.

You see, the curious thing about voracious predators is that even when they're not hungry, they still tear the prey apart out of habit. There's no evil intent here, it's just irresponsible behavior. So if you think, as Monsieur Gagnon would like you to think, that 'privacy' is the focal point to this issue, then think again.