This explainer highlights four broad trends in employee monitoring and surveillance technologies:
Prediction and flagging tools that aim to predict characteristics or behaviors of employees or that are designed to identify or deter perceived rule-breaking or fraud. Touted as useful management tools, they can augment biased and discriminatory practices in workplace evaluations and segment workforces into risk categories based on patterns of behavior.
Biometric and health data of workers collected through tools like wearables, fitness tracking apps, and biometric timekeeping systems as a part of employer- provided health care programs, workplace wellness, and digital tracking work shifts tools. Tracking non-work-related activities and information, such as health data, may challenge the boundaries of worker privacy, open avenues for discrimination, and raise questions about consent and workers' ability to opt out of tracking.
Remote monitoring and time-tracking used to manage workers and measure performance remotely. Companies may use these tools to decentralize and lower costs by hiring independent contractors, while still being able to exert control over them like traditional employees with the aid of remote monitoring tools. More advanced time-tracking can generate itemized records of on-the-job activities, which can be used to facilitate wage theft or allow employers to trim what counts as paid work time.
Gamification and algorithmic management of work activities through continuous data collection. Technology can take on management functions, such as sending workers automated "nudges" or adjusting performance benchmarks based on a worker's real-time progress, while gamification renders work activities into competitive, game-like dynamics driven by performance metrics. However, these practices can create punitive work environments that place pressures on workers to meet demanding and shifting efficiency benchmarks.
In a blog post about this report, Cory Doctorow mentioned "the adoption curve for oppressive technology, which goes, 'refugee, immigrant, prisoner, mental patient, children, welfare recipient, blue collar worker, white collar worker.'" I don't agree with the ordering, but the sentiment is correct. These technologies are generally used first against people with diminished rights: prisoners, children, the mentally ill, and soldiers.
Vaak, a Japanese startup, has developed artificial intelligence software that hunts for potential shoplifters, using footage from security cameras for fidgeting, restlessness and other potentially suspicious body language.
The article has no detail or analysis, so we don't know how well it works. But this kind of thing is surely the future of video surveillance.
On Tuesday, a Google spokesperson told Business Insider the company had made an "error."
"The on-device microphone was never intended to be a secret and should have been listed in the tech specs," the spokesperson said. "That was an error on our part."
Where are the consumer protection agencies? They should be all over this.
And while they're figuring out which laws Google broke, they should also look at American Airlines. Turns out that some of their seats have built-in cameras:
American Airlines spokesperson Ross Feinstein confirmed to BuzzFeed News that cameras are present on some of the airlines' in-flight entertainment systems, but said "they have never been activated, and American is not considering using them." Feinstein added, "Cameras are a standard feature on many in-flight entertainment systems used by multiple airlines. Manufacturers of those systems have included cameras for possible future uses, such as hand gestures to control in-flight entertainment."
That makes it all okay, doesn't it?
Actually, I kind of understand the airline seat camera thing. My guess is that whoever designed the in-flight entertainment system just specced a standard tablet computer, and they all came with unnecessary features like cameras. This is how we end up with refrigerators with Internet connectivity and Roombas with microphones. It's cheaper to leave the functionality in than it is to remove it.
The police are increasingly getting search warrants for information about all cell phones in a certain location at a certain time:
Police departments across the country have been knocking at Google's door for at least the last two years with warrants to tap into the company's extensive stores of cellphone location data. Known as "reverse location search warrants," these legal mandates allow law enforcement to sweep up the coordinates and movements of every cellphone in a broad area. The police can then check to see if any of the phones came close to the crime scene. In doing so, however, the police can end up not only fishing for a suspect, but also gathering the location data of potentially hundreds (or thousands) of innocent people. There have only been anecdotal reports of reverse location searches, so it's unclear how widespread the practice is, but privacy advocates worry that Google's data will eventually allow more and more departments to conduct indiscriminate searches.
Of course, it's not just Google who can provide this information.
In my book Data and Goliath, I write about the value of privacy. I talk about how it is essential for political liberty and justice, and for commercial fairness and equality. I talk about how it increases personal freedom and individual autonomy, and how the lack of it makes us all less secure. But this is probably the most important argument as to why society as a whole must protect privacy: it allows society to progress.
We know that surveillance has a chilling effect on freedom. People change their behavior when they live their lives under surveillance. They are less likely to speak freely and act individually. They self-censor. They become conformist. This is obviously true for government surveillance, but is true for corporate surveillance as well. We simply aren't as willing to be our individual selves when others are watching.
Let's take an example: hearing that parents and children are being separated as they cross the US border, you want to learn more. You visit the website of an international immigrants' rights group, a fact that is available to the government through mass Internet surveillance. You sign up for the group's mailing list, another fact that is potentially available to the government. The group then calls or e-mails to invite you to a local meeting. Same. Your license plates can be collected as you drive to the meeting; your face can be scanned and identified as you walk into and out of the meeting. If, instead of visiting the website, you visit the group's Facebook page, Facebook knows that you did and that feeds into its profile of you, available to advertisers and political activists alike. Ditto if you like their page, share a link with your friends, or just post about the issue.
Maybe you are an immigrant yourself, documented or not. Or maybe some of your family is. Or maybe you have friends or coworkers who are. How likely are you to get involved if you know that your interest and concern can be gathered and used by government and corporate actors? What if the issue you are interested in is pro- or anti-gun control, anti-police violence or in support of the police? Does that make a difference?
Maybe the issue doesn't matter, and you would never be afraid to be identified and tracked based on your political or social interests. But even if you are so fearless, you probably know someone who has more to lose, and thus more to fear, from their personal, sexual, or political beliefs being exposed.
This isn't just hypothetical. In the months and years after the 9/11 terrorist attacks, many of us censored what we spoke about on social media or what we searched on the Internet. We know from a 2013 PEN study that writers in the United States self-censored their browsing habits out of fear the government was watching. And this isn't exclusively an American event; Internet self-censorship is prevalent across the globe, China being a prime example.
Ultimately, this fear stagnates society in two ways. The first is that the presence of surveillance means society cannot experiment with new things without fear of reprisal, and that means those experiments -- if found to be inoffensive or even essential to society -- cannot slowly become commonplace, moral, and then legal. If surveillance nips that process in the bud, change never happens. All social progress -- from ending slavery to fighting for women's rights -- began as ideas that were, quite literally, dangerous to assert. Yet without the ability to safely develop, discuss, and eventually act on those assertions, our society would not have been able to further its democratic values in the way that it has.
Consider the decades-long fight for gay rights around the world. Within our lifetimes we have made enormous strides to combat homophobia and increase acceptance of queer folks' right to marry. Queer relationships slowly progressed from being viewed as immoral and illegal, to being viewed as somewhat moral and tolerated, to finally being accepted as moral and legal.
In the end, it was the public nature of those activities that eventually slayed the bigoted beast, but the ability to act in private was essential in the beginning for the early experimentation, community building, and organizing.
Marijuana legalization is going through the same process: it's currently sitting between somewhat moral, and -- depending on the state or country in question -- tolerated and legal. But, again, for this to have happened, someone decades ago had to try pot and realize that it wasn't really harmful, either to themselves or to those around them. Then it had to become a counterculture, and finally a social and political movement. If pervasive surveillance meant that those early pot smokers would have been arrested for doing something illegal, the movement would have been squashed before inception. Of course the story is more complicated than that, but the ability for members of society to privately smoke weed was essential for putting it on the path to legalization.
We don't yet know which subversive ideas and illegal acts of today will become political causes and positive social change tomorrow, but they're around. And they require privacy to germinate. Take away that privacy, and we'll have a much harder time breaking down our inherited moral assumptions.
The second way surveillance hurts our democratic values is that it encourages society to make more things illegal. Consider the things you do -- the different things each of us does -- that portions of society find immoral. Not just recreational drugs and gay sex, but gambling, dancing, public displays of affection. All of us do things that are deemed immoral by some groups, but are not illegal because they don't harm anyone. But it's important that these things can be done out of the disapproving gaze of those who would otherwise rally against such practices.
If there is no privacy, there will be pressure to change. Some people will recognize that their morality isn't necessarily the morality of everyone -- and that that's okay. But others will start demanding legislative change, or using less legal and more violent means, to force others to match their idea of morality.
It's easy to imagine the more conservative (in the small-c sense, not in the sense of the named political party) among us getting enough power to make illegal what they would otherwise be forced to witness. In this way, privacy helps protect the rights of the minority from the tyranny of the majority.
This is how we got Prohibition in the 1920s, and if we had had today's surveillance capabilities in the 1920s, it would have been far more effectively enforced. Recipes for making your own spirits would have been much harder to distribute. Speakeasies would have been impossible to keep secret. The criminal trade in illegal alcohol would also have been more effectively suppressed. There would have been less discussion about the harms of Prohibition, less "what if we didn't?" thinking. Political organizing might have been difficult. In that world, the law might have stuck to this day.
China serves as a cautionary tale. The country has long been a world leader in the ubiquitous surveillance of its citizens, with the goal not of crime prevention but of social control. They are about to further enhance their system, giving every citizen a "social credit" rating. The details are yet unclear, but the general concept is that people will be rated based on their activities, both online and off. Their political comments, their friends and associates, and everything else will be assessed and scored. Those who are conforming, obedient, and apolitical will be given high scores. People without those scores will be denied privileges like access to certain schools and foreign travel. If the program is half as far-reaching as early reports indicate, the subsequent pressure to conform will be enormous. This social surveillance system is precisely the sort of surveillance designed to maintain the status quo.
For social norms to change, people need to deviate from these inherited norms. People need the space to try alternate ways of living without risking arrest or social ostracization. People need to be able to read critiques of those norms without anyone's knowledge, discuss them without their opinions being recorded, and write about their experiences without their names attached to their words. People need to be able to do things that others find distasteful, or even immoral. The minority needs protection from the tyranny of the majority.
Privacy makes all of this possible. Privacy encourages social progress by giving the few room to experiment free from the watchful eye of the many. Even if you are not personally chilled by ubiquitous surveillance, the society you live in is, and the personal costs are unequivocal.
The US Privacy and Civil Liberties Oversight Board is looking for a director. Among other things, this board has some oversight role over the NSA. More precisely, it can examine what any executive-branch agency is doing about counterterrorism. So it can examine the program of TSA watchlists, NSA anti-terrorism surveillance, and FBI counterterrorism activities.
The PCLOB was established in 2004 (when it didn't do much), disappeared from 2007-2012, and reconstituted in 2012. It issued a major report on NSA surveillance in 2014. It has dwindled since then, having as few as one member. Last month, the Senate confirmed three new members, including Ed Felten.
So, potentially an important job if anyone out there is interested.
The Israeli Defense Force mounted a botched raid in Gaza. They were attempting to install surveillance gear, which they ended up leaving behind. (There are photos -- scroll past the video.) Israeli media is claiming that the capture of this gear by Hamas causes major damage to Israeli electronic surveillance capabilities. The Israelis themselves destroyed the vehicle the commandos used to enter Gaza. I'm guessing they did so because there was more gear in it they didn't want falling into the Palestinians' hands.
Can anyone intelligently speculate about what the photos shows? And if there are other photos on the Internet, please post them.
IoT devices are surveillance devices, and manufacturers generally use them to collect data on their customers. Surveillance is still the business model of the Internet, and this data is used against the customers' interests: either by the device manufacturer or by some third party the manufacturer sells the data to. Of course, this data can be used by the police as well; the purpose depends on the country.
None of this is new, and much of it was discussed in my book Data and Goliath. What is common is for Internet companies is to publish "transparency reports" that give at least general information about how police are using that data. IoT companies don't publish those reports.
TechCrunch asked a bunch of companies about this, and basically found that no one is talking.
Bloomberg has another story about hardware surveillance implants in equipment made in China. This implant is different from the one Bloomberg reported on last week. That story has been denied by pretty much everyone else, but Bloomberg is sticking by its story and its sources. (I linked to other commentary and analysis here.)
Again, I have no idea what's true. The story is plausible. The denials are about what you'd expect. My lone hesitation to believing this is not seeing a photo of the hardware implant. If these things were in servers all over the US, you'd think someone would have come up with a photograph by now.
In the team's experiments, one WiFi transmitter and one WiFi receiver are behind walls, outside a room in which a number of people are present. The room can get very crowded with as many as 20 people zigzagging each other. The transmitter sends a wireless signal whose received signal strength (RSSI) is measured by the receiver. Using only such received signal power measurements, the receiver estimates how many people are inside the room an estimate that closely matches the actual number. It is noteworthy that the researchers do not do any prior measurements or calibration in the area of interest; their approach has only a very short calibration phase that need not be done in the same area.