Table of Contents
Acknowledgements ix
Preface xi
Introduction xvii
How the Heck Did We Get Here? xxiii
Technological Complexities in Data Collection: Out of Sight, Out of Reach xxvii
Appealing to Consumers' Lowest Common Denominators; It's All Good? xxxii
Supporting Economic Interests of Business and Industry: Doubling Down on Data xxxiii
Unwillingness of Government to Protect Its Citizenry from Itself: Corporations Are Our Most Valued People xxxvi
Concerns over Terrorism and Security Risks: A Darned (In)Convenient War on Terror xxxvii
Family Observations: A Personal Anecdote xxxvii
Chapter Previews xxxix
Chapter 1 The Harms 1
Loss of Control over Personal Data 2
Hacking as Lawlessness 2
Leaks and Sponges: We Were Not Supposed to Collect It or Lose It 4
Costs and Harms of Data Breaches 7
Undermining Constitutional Protections 8
Encroaching on First Amendment Protections 8
Encroaching on Third Amendment Protections 13
Encroaching on Fourth Amendment Protections 15
Encroaching on Fifth Amendment Protections 17
Encroaching on Fourteenth Amendment Protections 18
Article III: No Harm No Foul? Perhaps Not So Much 22
Personal Data and the Value Equation 23
Chapter 2 Centerings 29
Theoretical Orientations 29
Interrogating New Media 32
The Framework of Contextual Integrity 34
Identifying Loci of Control 36
Ideological Powers in Platforms 38
Chapter 3 FIP 1: No Secret Data Collection 41
When Is a Contract Just Barely, or Not, a Contract? 43
Data Anonymity via Aggregation as Oxymoron 49
Even the Most Private Datum Isn't 51
Knowing about the Unknowable 55
Quick Reminder: The Constitution Is Supposed to Protect Our Privacy 57
Chapter 4 FIPs 2 and 4: Discovery and Repair 65
You Can't Fix It If You Don't Know About-And Can't Access-It 67
Online Privacy and the European Union 74
The Right to Be Forgotten 76
Ownership of Social Media Accounts in the Enterprise: "Unhand My Stuff!" 77
Toward Chapter 5 and the Third FIP 79
Chapter 5 FIP 3: One Use Should Not Bind Them All 81
Data Collection and Security: Commercial Entities Sharing with the Government 86
Battles over Encryption and Cryptography 86
Encryption and Export Controls 93
The Snowden Revelations 96
Data Collection and Insecurity: The Government Sharing with Commercial Entities 99
Crossing Government and Commercial Streams within the Data Marketplace 104
We Claim to Know Better but Do Not Act Like It 109
Chapter 6 FIP 5: If You Don't Protect It, You Should Not Have It 113
Improved Data Reliability via the Marketplace 114
Big Data Can Aid Problem Solving 114
Recommendations Can Help 118
Improved Targeting Can Be Good for Both Sides 121
The Usability and Functionality Lies 124
Unreliability via the Marketplace 129
Data Abuse via the Marketplace 133
You Can Touch This Because I Can't Protect It 137
Chapter 7 Recommendations 141
Action Proposals for Government 146
Executive Leadership 146
Federal Agencies 150
Congressional Legislation 154
Congressional Legislative Action on Commercial Activities 154
Congressional Legislative Action on Intelligence Activities 158
Intelligence Community and Law Enforcement 159
Judges and Courts 163
State-Level Actions 167
States and the FIPs: Constraint of Government Agencies and Law Enforcement from Predatory Practices 168
State-Based Actions in the Commercial Privacy Environment 171
Action Proposals for Commercial Entities 173
Industry Leadership 173
Executive Leadership 176
Worker Behaviors 179
Protocol Changes 181
Privacy Policies and Terms of Service 181
Flip the Defaults 182
Offer Multiple Versions 183
Reconsider Data as Revenue Streams 184
Reengineer Data Anonymity 184
Nonprofits: Great Responsibilities 185
WE, the People 191
Notes 203
Works Cited 205
About the Author 231
About the Front Cover 233
Index 235
