Archives For Law

Big Data & Little Britain

November 10, 2016 — Leave a comment

Definition:

Psychological Projection: A theory in psychology in which humans defend themselves against their own unconscious impulses or qualities (both positive and negative) by denying their existence in themselves while attributing them to others.

Body: 

The Mayhem Government aka Theresa May’s Post-Brexit cabal has already left a lasting mark on the UK and its role in the Global economy during its short time in power. It is clear to me (and no doubt others) that in spite of the circumstances of her appointment, Theresa May absolutely believes that she has a mandate to change the UK forever and not just exit the European Union.  So far, her vision for the UK is decidedly one where the residents of England, Scotland & Wales will become much more homogenous, monitored 24×7 by the State and live in a world where the economic wealth and well-being of the country will be severely diminished for generations to come, all in the name of the rigid ideology known as “British Nationalism”. This vision for a Little Britain, along with the implications of using Big Data for mass surveillance, behavior control & the dissemination of government propaganda is what I will focus on for this month’s column.

EU Flag and UK Flag Piggybanks Exchange Rate Concept 3D Illustration

The rise of Nationalistic fever around the globe has been fueled by both rigid ideologies and the use of data (Big and Small) to gain insights on the public, as well as to control any opposition. Much of this has been conducted under the auspices of being for “public good” or in the name of “national security”, with all efforts specifically intended to concentrate more power, insights & control into the hands of Governments’ who are a lot less Democratic and a much more Authoritarian (much less paranoid) than they were just a couple of decades ago (Pre-9/11 & 7/7).

Many of us have foreseen these issues and spoken up, but the media and press have been co-opted by these same Governments to act as their Pit Bulls in stifling any opposition as well as reporting the truth. This toxic mix of rigid ideologies, concentration of power, the limitation of human rights and the muting of dissent has reduced the principles of Democracy to more of a notion, if not a source of ridicule by those now in power (or desirous of attaining it).  Examples of these endeavors in recent months in the UK (both pre & post the Brexit “Leave” vote) include;

  • The IP Bill (Snoopers Charter)
  • The Digital Economy Bill
  • The Department for Education – National Pupil Database
  • Home Office “Foreign Employees” Database

All of these “tools of control and surveillance” leverage the same Big Data capabilities that have be touted by so many as “virtuous and beneficial to society”, but in ways that few were openly willing to discuss publicly. However, there have been some recent discussions in the UK and US on managing the vision & scope of Artificial Intelligence for the public good as well as getting ahead of the tide of Discrimination that Big Data driven insights into Citizens behaviors has brought. In all cases these efforts were designed to distract attention away from the Government’s own behavior in respect to these and other emerging applications of Big Data and Advanced Analytics. In essence, the fears about the nefarious use of Big Data to harm or control the public are a form of psychological projection in respect to the Government shifting its own blame onto others, while standing in judgement against the Public and NFP sectors. It all would seem so laughable if it were not so serious.

The movement away from Democratic Government to one based on rigid Ideologies, along with the exploitation of Big Data & Advanced Analytics by these same Government’s has become a “clear and present danger” to all Citizens under their control. The accumulation of knowledge about each Citizens’ behavior & activities by the State is a bell that cannot be un-rung.  Massive databases, predictive analytics, machine learning, etc. are all tools of the Big Data paradigm and can be used as a force for good in the right hands or as an unbounded force for evil in the wrong ones. To imagine the scope of this potential evil one only needs to look back a short time in history to see how such information, albeit at a much more primitive level of sophistication, was used to discriminate, enslave and control entire populations across the world. The efficiencies brought by Big Data to this type of behavior control are limitless and should be feared by all that cherish the beliefs of ‘Liberty, Equality, Fraternity’. 

PostScript:  With the election of Donald Trump as the 45th President of the United States, I expect that all controls (albeit weak) previously in place to protect against the abuse of US Citizens by either Government or Industry in respect to Big Data, Privacy, Discrimination, etc. will all be thrown out the window immediately after the inauguration and that an “Enemies List” will soon be made known in terms of those that Trump and his disciples will go after. This List will range from Political figures to Ordinary Citizens all of whom having slighted Trump somehow in his authoritarian/fascist view of the world around him. These activities will make those of the Mayhem Government look amateurish in comparison.

* An edited version of this posting appears in the November 2016 issue of Information Age (UK) (www.information-age.com)


 

 

In #BREXIT, AI, Artificial Intelligence, Big Data, Digital Economy Bill, Government, IPBill, Law, Leadership, Little Britain, Mayhem Government, Post-Truth, Privacy, Snoopers Charter, Surveillance State, Truth , , , , , , , , , ,
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Who Needs Privacy, when you can have (the illusion of) Security?

September 22, 2016 — Leave a comment

PostScript:

On November 29, 2016 the UK’s Investigatory Powers Bill passed into law by Royal Assent. Many in recent days have tried via an online petition to re-open debate on this bill as a desperate last attempt to stop its progress. I ask those who signed this petition, much less all the celebs in the Tech industry as to where their voices were over the past two+ years as this bill made its way through Parliament and the House of Lords? Once again, a passiveness has been exhibited by the Press, the Electorate and all sorts of Activists as new draconian measures are put into place in the UK Surveillance State. I suggest that this will be the case again as the so-called “Digital Economy Bill” reaches its finalization in the coming weeks. It will soon be time to “reap the whirlwind” that these infringements of Human Rights will bring.

Prelude:

The notion of Personal Privacy aka “The Right to be left alone” dates back centuries in Law and its practice is enshrined in the foundations of all Democracies and Human Rights proclamations. These protections were created well before the invention of digital computing, databases, etc. and yet have been essentially undone in short order since their arrival.

Body:

In the very near future, the UK will most likely have passed into law one of the most far reaching efforts ever by any Democracy to spy (and snoop) on each of its citizens, residents & visitors at home, much less abroad; all in the name of Security. Mundanely referred to as the Investigatory Powers Bill (IP Bill) it is widely derided as “The Snooper’s Charter” (and rightfully so). It is a law with literally no purpose other than to legitimize the illegal spying that the UK Government has been engaged in for decades via its Security, Services, while increasing the scope of their activities beyond reason. Promised as necessary (and proportional) to providing Security to the country, it in essence guts everyone’s right to Privacy as far as the State is concerned. Of course, this flies in the face of established Privacy Laws that the Public, Private & Non-Profit sectors are currently held to account for, much less the EU Human Rights Charter, which Brexit will soon undermine, if not eliminate altogether.

Why is the Electorate in the UK being cowed into accepting the false equivalency that; “If you trade away your Privacy to us (the State) we will provide you with Security (and protection)”. It does seem that the average citizen cares little about their personal Privacy today as long as they are safe in their beds away from the clutches of the latest bogy man that the State can conger up. Add to this, the parallel effect observed by users of social media or online shopping where they accept the bargain of; “As long as you offer me some sort of instant gratification, I don’t care about my Privacy one iota (no matter how creepy you act with my data)”. How did the Human Right to Privacy become so easily traded away by almost the entire population? The root cause of this effect can be found in data that is all around us and you don’t’ need to be a so-called Data Scientist to figure it out.

We now live in a world that is awash in data. We create it as individuals during ever moment of our lives and consume even more of it from various sources and services that we seek out. There is so much data about us that is collected, processed, sold and exploited that we have become oblivious to the entire process. It is as if there were an invisible anesthetic in the air that numbs our senses to the fact that something a very wrong with all of this. Privacy is a right, that until recently has been fiercely protected and a line that few Governments’ have been willing to cross in respect to monitoring their citizen’s (at least publicly). Now, it is only an afterthought that arises when some egregious act or data breach is exposed by the press or on social media and everyone sounds off about how violated they feel (all the while creating more new data to be exploited by others). We now have a Perfect Storm of events where Privacy as a right (or in the US as a Civil Liberty) is lost in the conversation, while everyone focuses myopically on National Security or the pursuit of the latest game (Pokemon Go comes to mind) or app (Facebook is a constant in being the worst offender). The Individuals’ right to Privacy has become an insignificant consideration, much less an afterthought.

As the UK plans its exit from the EU, the notion of Privacy will be further eroded as the State will focus all its attention on Sources of Commerce & Trade, Border Security & Immigration. These negotiations will be another opportunity for Privacy Rights to be further traded away in return for hollow promises of gold or enhanced security. In the end it should be clear to all members of the Electorate that not only did the UK sleepwalk its way out of the EU, but it sacrificed the notion of personal privacy along the journey. There will be no way to put this Jeanie back in the bottle once this happens regardless of which party is leading Government.

This article in an edited version first appeared in the September 2016 issue of Information Age (www.information-age.com).

In #Digital, Compliance, Governance, Government, Information Governance, Law, Leadership, Privacy, Truth ,
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Ethics, Data Science & Politics

June 22, 2016 — Leave a comment

Preface:

Governments cannot embrace, much less promote Big Data, Open Data, Analytics, Machine Learning & Ubiquitous Algorithms without protecting the Citizens’ whom they work for. Social Engineering must be by choice, not by default through illiterate political leaders.

Body:

The UK Government as part of its “Digital Economy” initiative has just released with great fanfare the “Data Science Ethical Framework”. Its ministerial champion has characterized it as “harnessing the Progressive power of Data Science while protecting the Public”. It does neither, but clearly illuminates the lengths to which the UK Government (along with others) will go in trying to influence/dictate behavior in areas where they have no literacy at all in respect to understanding the underlying capabilities (Data, Analytics & Algorithms), nor the consequences of the harm (or actual good) that can come if left to their own devices. Not to be left to a footnote however, is the fact that these attempts at behavioral influence do not apply to the Intelligence community or Police services, both of whom want unlimited powers to surveil, gather data on everyone’s daily lives (and perhaps thoughts) and to then use these to ultimately predict behaviors i.e. The Snoopers Charter.

Ever since the notion of Big Data has come onto the scene, many have extolled its virtues in changing the world as we know and understand it. They have hyped with a zeal not previously seen the notions of Data Science, Data Scientists, Algorithms & Machine Learning, etc. Virtually all of them have advocated for its wide-scale use to analyze and predict citizens’ behavior in order to gain deeper insights, without any controls as to “just how creepy” this activity could get in terms of interacting with the public at large. Any attempt to limit the “how and where” Big Data & Analytics should be applied was met by the fury of these same advocates who characterized it as “stifling economic growth and wealth creation”. Not surprisingly, most advocates have been highly influential in getting Governments to go along with their thinking and to take a “hands off” approach. This has not worked out well for consumers who now see their daily lives dissected, analyzed and ultimately manipulated by the algorithms & machine learning associated with the deep behavioral insights now available to almost every organization who invests in Data & Analytics capabilities.

The backlash that now arisen from this lack of control is significant enough that many Governments have created Ethics Councils and other bodies who have gone on to generate reports & recommendations on the issue of  “Ethics in the age of the Algorithm”. Additionally, these same governments (US, UK, EU, etc.) are also major advocates of Digital and have undertaken major Digital Strategy & Transformation efforts within their countries[1]. These efforts have served to further exacerbate the Ethics Problem that we are now experiencing. A common thread found amongst all of this is the seemingly cluelessness that Government Leaders, Ministers & Civil Servants exhibit each and every time they make an address or pronouncement on the topic of Privacy, Ethics, Governance, etc. associated with Big Data, Analytics, Algorithms, Digital, etc.  Clearly, they don’t understand the underpinnings of the issues, nor the reasons why this topic has become so paramount in the public’s mind and their stated demands that it be resolved to their satisfaction.

Data (Big or Small), Analytics (Creepy or Helpful) & Algorithms (Evil or Good) are major influences in how the Digital World around us evolves, much less serves us. Beyond the well-rehearsed platitudes, there needs to be a fundamental mastery of the details associated with these domains by Leaders & Policy Makers who are ultimately accountable for making Citizen’s lives better, much less protecting them from threats. Without strong & competent Leadership, and controls (governance) , these same citizens will be victimized rather than benefited by Data, Analytics, Algorithms & Digital. The requirement for competent leadership is not a political platform for campaigning on, but a focal point for Government action in order to uphold basic human rights, no matter what pace of transformational change the country is experiencing.

An Ethics Framework that relies on self-governance, best efforts and serendipity to insure that consumer Privacy is protected and that Citizens are not victimized by their own data is a recipe for disaster. Government Leaders must commit themselves to leading at all levels and across all domains. They must be literate and competent in the areas that they promote as catalysts for change and not leave Citizens to the vagaries of Data Science, and all that portends to be.

[1] The UK Government has gone so far as to make the “Digital Economy” a centerpiece of the Queens’ Speech in spite of not being able to come up with a companion “Digital Strategy” that was promised quite some time ago.

  • An edited version of this posting appeared in the June 2016 issue of Information Age (UK) (www.information-age.com)
In #Digital, Big Data, Business Analytics, Compliance, Data Leader, Data Leadership Nexus, Data-Driven, Digital Revolution, Fourth Industrial Revolution, Governance, Government, Information Governance, Law, Leadership, Regulations , , , ,
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The Illusion of Privacy

June 17, 2013 — Leave a comment

I have watched with considerable interest and bemusement the feigned outrage and posturing by many segments of the population since the revelations of the NSA’s global SIGINT programs. I find it all amusing at best given how little everyone has paid attention to fact that their Privacy began eroding back in the ’80’s and has diminished to Near Zero at this point. It is hard to believe that everyone should be so upset about something that they lost (or abdicated) such a long time ago (for many, before they were even born) and yet now are just realizing it. Nonetheless, perhaps these events and all of the spleen venting that continues to go on about them will start a dialog about “The Illusion of Privacy”.

Privacy is a state of mind (like Trust) that cannot be quantified or regulated in the world that we live in today. Virtually every consumer has abdicated their Privacy Rights by signing one EULA after another with their Service & Software Providers for all of the “apps, gadgets & devices” that they require to support their daily lives. Has anyone (besides Lawyers) ever read one of these before clicking Accept? Doubtful, I imagine and if you did read it what are your options? Decline is not one of them.

In the end we all must develop more Situational Awareness. If you fall into the trap of complacency and believe that there will be no consequences to anything that you post, write or say then you are truly the fool. We should all embrace the notion of “Low Tech” Face-to-Face (F2F) communications from inside our own personal SCIF’s (Secure Compartmentalized Information Facilities) aka our converted bomb shelters (for those who grew up during the Cold War). This is probably the only means of Privacy that we still have available.

Embrace the horror that we have created in our zeal for technology and for having abandoned our individual roles in checking the power and growth of Government intrusion in our daily lives.

Until next time.

In Business Analytics, Information Governance, Law, Privacy, Regulations , , , , ,
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What is Governance? (and why is it so hard to understand, much less achieve?)

April 28, 2012 — Leave a comment

I have spent a great deal of my career working in the domain of Governance and continue to be surprised, much less amazed by the general lack of understanding of the term and how it applies to Corporations, Government Entities and Not-for-Profits. The term is bandied around by all and layered like an icing on everything that is done (or contemplated), but few outside of the Legal & Compliance domains actually know what its intent is, much less how to properly apply it.

I see this phenomena every day in my Executive Consulting endeavors in the Information Governance (IG) domain. Information Governance is fraught with many perils of its own (the notion of “Information is an Asset”, cultural change and adoption, lack of good tools and practices, etc.), but seems to suffer most from this lack of “What is Governance”.

Over the next several months I am going to post a series of blogs on the subject of “What is Governance?”. I hope that as a result of this, many of you will have a much better understanding of its value & power, as well as how to apply it successfully in your organization given its culture, challenges & opportunities and long-range strategic goals.

In closing, I will leave you with one thing to consider; “What is Governance to begin with?’

Governance relates to the consistent management, cohesive policies, guidance, processes and decision-rights for a particular area of responsibility.
  • It comes from the Greeks (kubemáo) “to steer”
  • It can be organized in many forms (suited to its purpose)
  • It is designed to create “a collective good” for the organization
Stay tuned for the next installment in this series; “Why do we need Governance?”
In Compliance, Governance, Information Governance, Information Management, Law, Regulations
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