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Young People, Privacy, and the Internet

There’s a lot out there on this topic. I’ve already linked to danah boyd’s excellent SXSW talk (and her work in general), my essay on privacy and control, and my talk—”Security, Privacy, and the Generation Gap“—which I’ve given four times in the past two months.

Last week, two new papers were published on the topic.

“Youth, Privacy, and Reputation” is a literature review published by Harvard’s Berkman Center. It’s long, but an excellent summary of what’s out there on the topic:

Conclusions: The prevailing discourse around youth and privacy assumes that young people don’t care about their privacy because they post so much personal information online. The implication is that posting personal information online puts them at risk from marketers, pedophiles, future employers, and so on. Thus, policy and technical solutions are proposed that presume that young would not put personal information online if they understood the consequences. However, our review of the literature suggests that young people care deeply about privacy, particularly with regard to parents and teachers viewing personal information. Young people are heavily monitored at home, at school, and in public by a variety of surveillance technologies. Children and teenagers want private spaces for socialization, exploration, and experimentation, away from adult eyes. Posting personal information online is a way for youth to express themselves, connect with peers, increase popularity, and bond with friends and members of peer groups. Subsequently, young people want to be able to restrict information provided online in a nuanced and granular way.

Much popular writing (and some research) discusses young people, online technologies, and privacy in ways that do not reflect the realities of most children and teenagers’ lives. However, this provides rich opportunities for future research in this area. For instance, there are no studies of the impact of surveillance on young people—at school, at home, or in public. Although we have cited several qualitative and ethnographic studies of young people’s privacy practices and attitudes, more work in this area is needed to fully understand similarities and differences in this age group, particularly within age cohorts, across socioeconomic classes, between genders, and so forth. Finally, given that the frequently-cited comparative surveys of young people and adult privacy practices and attitudes are quite old, new research would be invaluable. We look forward to new directions in research in this area.

“How Different Are Young Adults from Older Adults When it Comes to Information Privacy Attitudes & Policy?” from the University of California Berkeley, describes the results of a broad survey on privacy attitudes.

Conclusion: In policy circles, it has become almost a cliché to claim that young people do not care about privacy. Certainly there are many troubling anecdotes surrounding young individuals’ use of the internet, and of social networking sites in particular. Nevertheless, we found that in large proportions young adults do care about privacy. The data show that they and older adults are more alike on many privacy topics than they are different. We suggest, then, that young-adult Americans have an aspiration for increased privacy even while they participate in an online reality that is optimized to increase their revelation of personal data.

Public policy agendas should therefore not start with the proposition that young adults do not care about privacy and thus do not need regulations and other safeguards. Rather, policy discussions should acknowledge that the current business environment along with other factors sometimes encourages young adults to release personal data in order to enjoy social inclusion even while in their most rational moments they may espouse more conservative norms. Education may be useful. Although many young adults are exposed to educational programs about the internet, the focus of these programs is on personal safety from online predators and cyberbullying with little emphasis on information security and privacy. Young adults certainly are different from older adults when it comes to knowledge of privacy law. They are more likely to believe that the law protects them both online and off. This lack of knowledge in a tempting environment, rather than a cavalier lack of concern regarding privacy, may be an important reason large numbers of them engage with the digital world in a seemingly unconcerned manner.

But education alone is probably not enough for young adults to reach aspirational levels of privacy. They likely need multiple forms of help from various quarters of society, including perhaps the regulatory arena, to cope with the complex online currents that aim to contradict their best privacy instincts.

They’re both worth reading for anyone interested in this topic.

Posted on April 20, 2010 at 1:50 PM • View Comments

Privacy and Control

In January Facebook Chief Executive, Mark Zuckerberg, declared the age of privacy to be over. A month earlier, Google Chief Eric Schmidt expressed a similar sentiment. Add Scott McNealy’s and Larry Ellison’s comments from a few years earlier, and you’ve got a whole lot of tech CEOs proclaiming the death of privacy—especially when it comes to young people.

It’s just not true. People, including the younger generation, still care about privacy. Yes, they’re far more public on the Internet than their parents: writing personal details on Facebook, posting embarrassing photos on Flickr and having intimate conversations on Twitter. But they take steps to protect their privacy and vociferously complain when they feel it violated. They’re not technically sophisticated about privacy and make mistakes all the time, but that’s mostly the fault of companies and Web sites that try to manipulate them for financial gain.

To the older generation, privacy is about secrecy. And, as the Supreme Court said, once something is no longer secret, it’s no longer private. But that’s not how privacy works, and it’s not how the younger generation thinks about it. Privacy is about control. When your health records are sold to a pharmaceutical company without your permission; when a social-networking site changes your privacy settings to make what used to be visible only to your friends visible to everyone; when the NSA eavesdrops on everyone’s e-mail conversations—your loss of control over that information is the issue. We may not mind sharing our personal lives and thoughts, but we want to control how, where and with whom. A privacy failure is a control failure.

People’s relationship with privacy is socially complicated. Salience matters: People are more likely to protect their privacy if they’re thinking about it, and less likely to if they’re thinking about something else. Social-networking sites know this, constantly reminding people about how much fun it is to share photos and comments and conversations while downplaying the privacy risks. Some sites go even further, deliberately hiding information about how little control—and privacy—users have over their data. We all give up our privacy when we’re not thinking about it.

Group behavior matters; we’re more likely to expose personal information when our peers are doing it. We object more to losing privacy than we value its return once it’s gone. Even if we don’t have control over our data, an illusion of control reassures us. And we are poor judges of risk. All sorts of academic research backs up these findings.

Here’s the problem: The very companies whose CEOs eulogize privacy make their money by controlling vast amounts of their users’ information. Whether through targeted advertising, cross-selling or simply convincing their users to spend more time on their site and sign up their friends, more information shared in more ways, more publicly means more profits. This means these companies are motivated to continually ratchet down the privacy of their services, while at the same time pronouncing privacy erosions as inevitable and giving users the illusion of control.

You can see these forces in play with Google‘s launch of Buzz. Buzz is a Twitter-like chatting service, and when Google launched it in February, the defaults were set so people would follow the people they corresponded with frequently in Gmail, with the list publicly available. Yes, users could change these options, but—and Google knew this—changing options is hard and most people accept the defaults, especially when they’re trying out something new. People were upset that their previously private e-mail contacts list was suddenly public. A Federal Trade Commission commissioner even threatened penalties. And though Google changed its defaults, resentment remained.

Facebook tried a similar control grab when it changed people’s default privacy settings last December to make them more public. While users could, in theory, keep their previous settings, it took an effort. Many people just wanted to chat with their friends and clicked through the new defaults without realizing it.

Facebook has a history of this sort of thing. In 2006 it introduced News Feeds, which changed the way people viewed information about their friends. There was no true privacy change in that users could not see more information than before; the change was in control—or arguably, just in the illusion of control. Still, there was a large uproar. And Facebook is doing it again; last month, the company announced new privacy changes that will make it easier for it to collect location data on users and sell that data to third parties.

With all this privacy erosion, those CEOs may actually be right—but only because they’re working to kill privacy. On the Internet, our privacy options are limited to the options those companies give us and how easy they are to find. We have Gmail and Facebook accounts because that’s where we socialize these days, and it’s hard—especially for the younger generation—to opt out. As long as privacy isn’t salient, and as long as these companies are allowed to forcibly change social norms by limiting options, people will increasingly get used to less and less privacy. There’s no malice on anyone’s part here; it’s just market forces in action. If we believe privacy is a social good, something necessary for democracy, liberty and human dignity, then we can’t rely on market forces to maintain it. Broad legislation protecting personal privacy by giving people control over their personal data is the only solution.

This essay originally appeared on Forbes.com.

EDITED TO ADD (4/13): Google responds. And another essay on the topic.

Posted on April 6, 2010 at 7:47 AM • View Comments

Helpful Hint for Fugitives: Don't Update Your Location on Facebook

“Fugitive caught after updating his status on Facebook.”

Investigators scoured social networking sites such as Facebook and MySpace but initially could find no trace of him and were unable to pin down his location in Mexico.

Several months later, a secret service agent, Seth Reeg, checked Facebook again and up popped MaxiSopo. His photo showed him partying in front of a backdrop featuring logos of BMW and Courvoisier cognac, sporting a black jacket adorned with a not-so-subtle white lion.

Although Sopo’s profile was set to private, his list of friends was not. Scoville started combing through it and was surprised to see that one friend listed an affiliation with the justice department. He sent a message requesting a phone call.

“We figured this was a person we could probably trust to keep our inquiry discreet,” Scoville said.

Proving the 2.0 adage that a friend on Facebook is rarely a friend indeed, the former official said he had met Sopo in Cancun’s nightclubs a few times, but did not really know him and had no idea he was a fugitive. The official learned where Sopo was living and passed that information back to Scoville, who provided it to Mexican authorities. They arrested Sopo last month.

It’s easy to say “so dumb,” and it would be true, but what’s interesting is how people just don’t think through the privacy implications of putting their information on the Internet. Facebook is how we interact with friends, and we think of it in the frame of interacting with friends. We don’t think that our employers might be looking—they’re not our friends!—that the information will be around forever, or that it might be abused. Privacy isn’t salient; chatting with friends is.

Posted on October 19, 2009 at 7:55 AM • View Comments

Second SHB Workshop Liveblogging (8)

The penultimate session of the conference was “Privacy,” moderated by Tyler Moore.

Alessandro Acquisti, Carnegie Mellon University (suggested reading: What Can Behavioral Economics Teach Us About Privacy?; Privacy in Electronic Commerce and the Economics of Immediate Gratification), presented research on how people value their privacy. He started by listing a variety of cognitive biases that affect privacy decisions: illusion of control, overconfidence, optimism bias, endowment effect, and so on. He discussed two experiments. The first demonstrated a “herding effect”: if a subject believes that others reveal sensitive behavior, the subject is more likely to also reveal sensitive behavior. The second examined the “frog effect”: do privacy intrusions alert or desensitize people to revealing personal information? What he found is that people tend to set their privacy level at the beginning of a survey, and don’t respond well to being asked easy questions at first and then sensitive questions at the end. In the discussion, Joe Bonneau asked him about the notion that people’s privacy protections tend to ratchet up over time; he didn’t have conclusive evidence, but gave several possible explanations for the phenomenon.

Adam Joinson, University of Bath (suggested reading: Privacy, Trust and Self-Disclosure Online; Privacy concerns and privacy actions), also studies how people value their privacy. He talked about expressive privacy—privacy that allows people to express themselves and form interpersonal relationships. His research showed that differences between how people use Facebook in different countries depend on how much people trust Facebook as a company, rather than how much people trust other Facebook users. Another study looked at posts from Secret Tweet and Twitter. He found 16 markers that allowed him to automatically determine which tweets contain sensitive personal information and which do not, with high probability. Then he tried to determine if people with large Twitter followings post fewer secrets than people who are only twittering to a few people. He found absolutely no difference.

Peter Neumann, SRI (suggested reading: Holistic systems; Risks; Identity and Trust in Context), talked about lack of medical privacy (too many people have access to your data), about voting (the privacy problem makes the voting problem a lot harder, and the end-to-end voting security/privacy problem is much harder than just securing voting machines), and privacy in China (the government is requiring all computers sold in China to be sold with software allowing them to eavesdrop on the users). Any would-be solution needs to reflect the ubiquity of the threat. When we design systems, we need to anticipate what the privacy problems will be. Privacy problems are everywhere you look, and ordinary people have no idea of the depth of the problem.

Eric Johnson, Dartmouth College (suggested reading: Access Flexibility with Escalation and Audit; Security through Information Risk Management), studies the information access problem from a business perspective. He’s been doing field studies in companies like retail banks and investment banks, and found that role-based access control fails because companies can’t determine who has what role. Even worse, roles change quickly, especially in large complex organizations. For example, one business group of 3000 people experiences 1000 role changes within three months. The result is that organizations do access control badly, either over-entitling or under-entitling people. But since getting the job done is the most important thing, organizations tend to over-entitle: give people more access than they need. His current work is to find the right set of incentives and controls to set access more properly. The challege is to do this without making people risk averse. In the discussion, he agreed that a perfect access control system is not possible, and that organizations should probably allow a certain amount of access control violations—similar to the idea of posting a 55 mph speed limit but not ticketing people unless they go over 70 mph.

Christine Jolls, Yale Law School (suggested reading: Rationality and Consent in Privacy Law, Employee Privacy), made the point that people regularly share their most private information with their intimates—so privacy is not about secrecy, it’s more about control. There are moments when people make pretty big privacy decisions. For example, they grant employers the rights to monitor their e-mail, or test their urine without notice. In general, courts hold that blanket signing away of privacy rights—”you can test my urine on any day in the future”—are not valid, but immediate signing away of privacy of privacy rights—”you can test my urine today”—are. Jolls believes that this is reasonable for several reasons, such as optimism bias and an overfocus on the present at the expense of the future. Without realizing it, the courts have implemented the system that behavioral economics would find optimal. During the discussion, she talked about how coercion figures into this; the U.S. legal system tends not to be concerned with it.

Andrew Adams, University of Reading (suggested reading: Regulating CCTV), also looks at attitudes of privacy on social networking services. His results are preliminary, and based on interviews with university students in Canada, Japan, and the UK, and are very concordant with what danah boyd and Joe Bonneau said earlier. From the UK: People join social networking sites to increase their level of interaction with people they already know in real life. Revealing personal information is okay, but revealing too much is bad. Even more interestingly, it’s not okay to reveal more about others than they reveal themselves. From Japan: People are more open to making friends online. There’s more anonymity. It’s not okay to reveal information about others, but “the fault of this lies as much with the person whose data was revealed in not choosing friends wisely.” This victim responsibility is a common theme with other privacy and security elements in Japan. Data from Canada is still being compiled.

Great phrase: the “laundry belt”—close enough for students to go home on weekends with their laundry, but far enough away so they don’t feel as if their parents are looking over their shoulder—typically two hours by public transportation (in the UK).

Adam Shostack’s liveblogging is here. Ross Anderson’s liveblogging is in his blog post’s comments. Matt Blaze’s audio is here.

Posted on June 12, 2009 at 3:01 PM • View Comments

Second SHB Workshop Liveblogging (6)

The first session of the morning was “Foundations,” which is kind of a catch-all for a variety of things that didn’t really fit anywhere else. Rachel Greenstadt moderated.

Terence Taylor, International Council for the Live Sciences (suggested video to watch: Darwinian Security; Natural Security), talked about the lessons evolution teaches about living with risk. Successful species didn’t survive by eliminating the risks of their environment, they survived by adaptation. Adaptation isn’t always what you think. For example, you could view the collapse of the Soviet Union as a failure to adapt, but you could also view it as successful adaptation. Risk is good. Risk is essential for the survival of a society, because risk-takers are the drivers of change. In the discussion phase, John Mueller pointed out a key difference between human and biological systems: humans tend to respond dramatically to anomalous events (the anthrax attacks), while biological systems respond to sustained change. And David Livingstone Smith asked about the difference between biological adaptation that affects the reproductive success of an organism’s genes, even at the expense of the organism, with security adaptation. (I recommend the book he edited: Natural Security: A Darwinian Approach to a Dangerous World.)

Andrew Odlyzko, University of Minnesota (suggested reading: Network Neutrality, Search Neutrality, and the Never-Ending Conflict between Efficiency and Fairness in Markets, Economics, Psychology, and Sociology of Security), discussed human-space vs. cyberspace. People cannot build secure systems—we know that—but people also cannot live with secure systems. We require a certain amount of flexibility in our systems. And finally, people don’t need secure systems. We survive with an astounding amount of insecurity in our world. The problem with cyberspace is that it was originally conceived as separate from the physical world, and that it could correct for the inadequacies of the physical world. Really, the two are intertwined, and that human space more often corrects for the inadequacies of cyberspace. Lessons: build messy systems, not clean ones; create a web of ties to other systems; create permanent records.

danah boyd, Microsoft Research (suggested reading: Taken Out of Context—American Teen Sociality in Networked Publics), does ethnographic studies of teens in cyberspace. Teens tend not to lie to their friends in cyberspace, but they lie to the system. Since an early age, they’ve been taught that they need to lie online to be safe. Teens regularly share their passwords: with their parents when forced, or with their best friend or significant other. This is a way of demonstrating trust. It’s part of the social protocol for this generation. In general, teens don’t use social media in the same way as adults do. And when they grow up, they won’t use social media in the same way as today’s adults do. Teens view privacy in terms of control, and take their cues about privacy from celebrities and how they use social media. And their sense of privacy is much more nuanced and complicated. In the discussion phase, danah wasn’t sure whether the younger generation would be more or less susceptible to Internet scams than the rest of us—they’re not nearly as technically savvy as we might think they are. “The only thing that saves teenagers is fear of their parents”; they try to lock them out, and lock others out in the process. Socio-economic status matters a lot, in ways that she is still trying to figure out. There are three different types of social networks: personal networks, articulated networks, and behavioral networks, and they’re different.

Mark Levine, Lancaster University (suggested reading: The Kindness of Crowds; Intra-group Regulation of Violence: Bystanders and the (De)-escalation of Violence), does social psychology. He argued against the common belief that groups are bad (mob violence, mass hysteria, peer group pressure). He collected data from UK CCTV cameras, searches for aggressive behavior, and studies when and how bystanders either help escalate or de-escalate the situations. Results: as groups get bigger, there is no increase of anti-social acts and a significant increase in pro-social acts. He has much more analysis and results, too complicated to summarize here. One key finding: when a third party intervenes in an aggressive interaction, it is much more likely to de-escalate. Basically, groups can act against violence. “When it comes to violence (and security), group processes are part of the solution—not part of the problem?”

Jeff MacKie-Mason, University of Michigan (suggested reading: Humans are smart devices, but not programmable; Security when people matter; A Social Mechanism for Supporting Home Computer Security), is an economist: “Security problems are incentive problems.” He discussed motivation, and how to design systems to take motivation into account. Humans are smart devices; they can’t be programmed, but they can be influenced through the sciences of motivational behavior: microeconomics, game theory, social psychology, psychodynamics, and personality psychology. He gave a couple of general examples of how these theories can inform security system design.

Joe Bonneau, Cambridge University, talked about social networks like Facebook, and privacy. People misunderstand why privacy and security is important in social networking sites like Facebook. People underestimate of what Facebook really is; it really is a reimplementation of the entire Internet. “Everything on the Internet is becoming social,” and that makes security different. Phishing is different, 419-style scams are different. Social context makes some scams easier; social networks are fun, noisy, and unpredictable. “People use social networking systems with their brain turned off.” But social context can be used to spot frauds and anomalies, and can be used to establish trust.

Three more sessions to go. (I am enjoying liveblogging the event. It’s helping me focus and pay closer attention.)

Adam Shostack’s liveblogging is here. Ross Anderson’s liveblogging is in his blog post’s comments. Matt Blaze’s audio is here.

Posted on June 12, 2009 at 9:54 AM • View Comments

Second SHB Workshop Liveblogging (2)

The first session was about deception, moderated by David Clark.

Frank Stajano, Cambridge University (suggested reading: Understanding victims: Six principles for systems security), presented research with Paul Wilson, who films actual scams for “The Real Hustle.” His point is that we build security systems based on our “logic,” but users don’t always follow our logic. It’s fraudsters who really understand what people do, so we need to understand what the fraudsters understand. Things like distraction, greed, unknown accomplices, social compliance are important.

David Livingstone Smith, University of New England (suggested reading: Less than human: self-deception in the imagining of others; Talk on Lying at La Ciudad de Las Ideas; a subsequent discussion; Why War?), is a philosopher by training, and goes back to basics: “What are we talking about?” A theoretical definition—”that which something has to have to fall under a term”—of deception is difficult to define. “Cause to have a false belief,” from the Oxford English Dictionary, is inadequate. “To deceive is intentionally have someone to have a false belief” also doesn’t work. “Intentionally causing someone to have a false belief that the speaker knows to be false” still isn’t good enough. The fundamental problem is that these are anthropocentric definitions. Deception is not unique to humans; it gives organisms an evolutionary edge. For example, the mirror orchid fools a wasp into landing on it by looking like and giving off chemicals that mimic the female wasp. This example shows that we need a broader definition of “purpose.” His formal definition: “For systems A and B, A deceives B iff A possesses some character C with proper function F, and B possesses a mechanism C* with the proper function F* of producing representations, such that the proper function of C is to cause C* to fail to perform F* by causing C* to form false representations, and C does so in virtue of performing F, and B’s falsely representing enables some feature of A to perform its proper function.”

I spoke next, about the psychology of Conficker, how the human brain buys security, and why science fiction writers shouldn’t be hired to think about terrorism risks (to be published on Wired.com next week).

Dominic Johnson, University of Edinburgh (suggested reading: Paradigm Shifts in Security Strategy; Perceptions of victory and defeat), talked about his chapter in the book Natural Security: A Darwinian Approach to a Dangerous World. Life has 3.5 billion years of experience in security innovation; let’s look at how biology approaches security. Biomimicry, ecology, paleontology, animal behavior, evolutionary psychology, immunology, epidemiology, selection, and adaption are all relevant. Redundancy is a very important survival tool for species. Here’s an adaption example: The 9/11 threat was real and we knew about it, but we didn’t do anything. His thesis: Adaptation to novel security threats tends to occur after major disasters. There are many historical examples of this; Pearl Harbor, for example. Causes include sensory biases, psychological biases, leadership biases, organizational biases, and political biases—all pushing us towards maintaining the status quo. So it’s natural for us to poorly adapt to security threats in the modern world. A questioner from the audience asked whether control theory had any relevance to this model.

Jeff Hancock, Cornell University (suggested reading: On Lying and Being Lied To: A Linguistic Analysis of Deception in Computer-Mediated Communication; Separating Fact From Fiction: An Examination of Deceptive Self-Presentation in Online Dating Profiles), studies interpersonal deception: how the way we lie to each other intersects with communications technologies; and how technologies change the way we lie, and can technology be used to detect lying? Despite new technology, people lie for traditional reasons. For example: on dating sites, men tend to lie about their height and women tend to lie about their weight. The recordability of the Internet also changes how we lie. The use of the first person singular tends to go down the more people lie. He verified this in many spheres, such as how people describe themselves in chat rooms, and true versus false statements that the Bush administration made about 9/11 and Iraq. The effect was more pronounced when administration officials were answering questions than when they were reading prepared remarks.

EDITED TO ADD (6/11): Adam Shostack liveblogged this session, too. And Ross’s liveblogging is in his blog post’s comments.

EDITED TO ADD (6/11): Audio of the session is here.

Posted on June 11, 2009 at 9:37 AM • View Comments

The Future of Ephemeral Conversation

When he becomes president, Barack Obama will have to give up his BlackBerry. Aides are concerned that his unofficial conversations would become part of the presidential record, subject to subpoena and eventually made public as part of the country’s historical record.

This reality of the information age might be particularly stark for the president, but it’s no less true for all of us. Conversation used to be ephemeral. Whether face-to-face or by phone, we could be reasonably sure that what we said disappeared as soon as we said it. Organized crime bosses worried about phone taps and room bugs, but that was the exception. Privacy was just assumed.

This has changed. We chat in e-mail, over SMS and IM, and on social networking websites like Facebook, MySpace, and LiveJournal. We blog and we Twitter. These conversations—with friends, lovers, colleagues, members of our cabinet—are not ephemeral; they leave their own electronic trails.

We know this intellectually, but we haven’t truly internalized it. We type on, engrossed in conversation, forgetting we’re being recorded and those recordings might come back to haunt us later.

Oliver North learned this, way back in 1987, when messages he thought he had deleted were saved by the White House PROFS system, and then subpoenaed in the Iran-Contra affair. Bill Gates learned this in 1998 when his conversational e-mails were provided to opposing counsel as part of the antitrust litigation discovery process. Mark Foley learned this in 2006 when his instant messages were saved and made public by the underage men he talked to. Paris Hilton learned this in 2005 when her cell phone account was hacked, and Sarah Palin learned it earlier this year when her Yahoo e-mail account was hacked. Someone in George W. Bush’s administration learned this, and millions of e-mails went mysteriously and conveniently missing.

Ephemeral conversation is dying.

Cardinal Richelieu famously said, :If one would give me six lines written by the hand of the most honest man, I would find something in them to have him hanged.” When all our ephemeral conversations can be saved for later examination, different rules have to apply. Conversation is not the same thing as correspondence. Words uttered in haste over morning coffee, whether spoken in a coffee shop or thumbed on a Blackberry, are not official pronouncements. Discussions in a meeting, whether held in a boardroom or a chat room, are not the same as answers at a press conference. And privacy isn’t just about having something to hide; it has enormous value to democracy, liberty, and our basic humanity.

We can’t turn back technology; electronic communications are here to stay and even our voice conversations are threatened. But as technology makes our conversations less ephemeral, we need laws to step in and safeguard ephemeral conversation. We need a comprehensive data privacy law, protecting our data and communications regardless of where it is stored or how it is processed. We need laws forcing companies to keep it private and delete it as soon as it is no longer needed. Laws requiring ISPs to store e-mails and other personal communications are exactly what we don’t need.

Rules pertaining to government need to be different, because of the power differential. Subjecting the president’s communications to eventual public review increases liberty because it reduces the government’s power with respect to the people. Subjecting our communications to government review decreases liberty because it reduces our power with respect to the government. The president, as well as other members of government, need some ability to converse ephemerally—just as they’re allowed to have unrecorded meetings and phone calls—but more of their actions need to be subject to public scrutiny.

But laws can only go so far. Law or no law, when something is made public it’s too late. And many of us like having complete records of all our e-mail at our fingertips; it’s like our offline brains.

In the end, this is cultural.

The Internet is the greatest generation gap since rock and roll. We’re now witnessing one aspect of that generation gap: the younger generation chats digitally, and the older generation treats those chats as written correspondence. Until our CEOs blog, our Congressmen Twitter, and our world leaders send each other LOLcats – until we have a Presidential election where both candidates have a complete history on social networking sites from before they were teenagers– we aren’t fully an information age society.

When everyone leaves a public digital trail of their personal thoughts since birth, no one will think twice about it being there. Obama might be on the younger side of the generation gap, but the rules he’s operating under were written by the older side. It will take another generation before society’s tolerance for digital ephemera changes.

This essay previously appeared on The Wall Street Journal website (not the print newspaper), and is an update of something I wrote previously.

Posted on November 24, 2008 at 2:06 PM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.