Public Policy Considerations for Data-Driven Innovation

Abstract:

Jess Hemerly from Google, Inc.

Jess Hemerly from Google, Inc.

To achieve the maximum benefits from data-driven innovation, policymakers must take into account the possibility that regulation could preclude economic and societal benefits. The proposed framework for policy discussions examines three main areas of policy interest: privacy and security, ownership and transfer, and infrastructure and data civics. The Web extra at http://youtu.be/8GzGcM0aud8 is a video in which author Jess Hemerly expands on her article "Public Policy Considerations for Data-Driven Innovation," in which she discusses how regulation could preclude some of the economic and societal benefits of data-driven innovation.

Citation: Jess Hemerly, "Public Policy Considerations for Data-Driven Innovation", Computer (Volume: 46, Issue: 6, June 2013), pp. 25 - 31, Date of Publication: 13 May 2013, DOI: 10.1109/MC.2013.186

The Social Implications of Radio-Frequency IDentification

Good afternoon everyone. My name is William Herbert, and for identification purposes only I am the Deputy Chair of the New York State Public Employment Relations Board. You may be wondering why am I here.  In fact, my scholarship has been involved with issues involving RFID, GPS and other forms of technology, as a legal perspective.  I was asked to moderate, I think partially, this panel because of my background in labour relations, in which we have conflicting views frequently in labour, and my agency’s role is frequently brought in to try to bring some kind of bridges between varying positions on issues, at least in the workplace.  We have over the past two days been very fortunate to hear very diverse viewpoints on the issue of RFID.  And I thought it was appropriate that we try to bring those diverging voices together in seeking to bring some degree of bridging of these different ideas to try to aim towards bringing some degree of harmony about a perspective, or at least the first steps towards that perspective.  As Roger Clarke mentioned earlier in his talk, there is a need for this kind of dialogue and I think this panel will be a very good first step or second step in that process.

So the question I'm going to be asking for the panellists today is: can societies develop a balanced response to radio-frequency identification (RFID)?  And when I use the word RFID, I'm discussing both the technology, not limited to implants, but just the technology itself.  So with that question, I'm going to first ask Roger to discuss whether societies can develop a balanced response to RFID technology.

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DangerousThings - Amal Graafstra Presents at ISTAS10

Public reaction – angry. I get a lot of angry emails, calls, and things like that. There are some people that wish I’d just go away, and there are others claiming that I am somehow helping “the conspiracy”. This is just kind of a little thing that I thought up, about the cycle of fear that I’ve noticed when talking to people. So when people come to me and they’re angry about things, I try to engage them in conversation but usually they’re afraid of misconceptions about the technology. They think that somehow the GPS satellites are communicating with this tag – which really only has a three-inch read range – and somehow reporting my location, “Can’t they track you?” … the elusive “they”.

So you know, they’re afraid of something they’re not sure of and they take action because they’re afraid. Then people that know about it respond, usually poorly. This interaction reveals to the angry people that they really don’t know what it is they’re talking about. And what’s interesting is that they have a new fear then, and that fear causes them not to want to learn about the technology. They don’t want to engage, because they somehow feel that if they learn about it, maybe their fears are unfounded or whatever. But it’s a cycle that repeats quite often. So the concept is that, you know, somehow now your body is up for sale, and companies and governments are vying for it.

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Gary Retherford - the Microchip Implant Consultant

When I saw the product that they had I became fascinated with it. Even more fascinated when I realised after, I guess, maybe through the Google searches that I had done, and I came across Verichip – and so many hits associated with some of the evangelicals slants in the market … and I think that kind of intrigued me, because I’m thinking: “Wow, where’s this coming from?” So I actually had reached out to Verichip to find out about their asset tracking and simultaneously was going to ask about their implantable microchip product for access control because I was in the access control business. Interesting enough though, at the very same time and I’m talking almost down to the minute, I was getting ready to have lunch with the owner of the company called Citywatcher and I reached out to them because they were offering this service of doing video surveillance on servers and they were doing some work in the city of Cincinnati. So as I literally had my phone in my left hand getting ready to introduce myself to a contact at Verichip, I was reaching out with my right hand to shake the hand of the president and little did I know at that point that roughly a year later, what was going to eventually end up happening. So then I began talking to Verichip. We talked about their asset tracking component for the art, but I also started to ask them about their access control system and when I was beginning talking to them and their sales people/person that they had in charge, I realised that they had a little bit of a flaw, in my opinion, in the way they were trying to market their product. What they were trying to do was create a whole access control system and sell it as an entire system and I said, “Well, I have a suggestion for you. My suggestion is that in doing that you just take the reader and they can integrate with everybody else’s access control.

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Questions About Uberveillance

When did you coin the word uberveillance?

Symbol designed by PhD candidate Alexander Hayes in 2011.

The word uberveillance, also written as überveillance, was coined in 2006 by Dr M.G. Michael who is presently an honorary senior fellow in the School of Information Systems and Technology. The concept was further developed, defined and expanded together with Dr Katina Michael a senior lecturer in the same school.

The first time the term was used by M.G. Michael was in a guest lecture he delivered on the “Consequences of Innovation” in the course Information Technology and Innovation. Michael and Katina had long been collaborating on the research, description, and trajectory of ‘beneath-the-skin’ technologies within the surveillance space that had the ability to not only identify but locate individuals as well.

The term simply ‘came out’ in a moment of inspiration, when Michael was searching for words to describe the trajectory of embedded technologies. He could find no other but to bring together the German prefix “über” with the French root word “veillance” to describe the exaggerated surveillance conducted by governments in the name of national security. At that very moment he was thinking aloud in terms of Roger Clarke’s work on dataveillance and Nietzsche’s Ubermensch. So it was what you might say one of those incredible moments of serendipity.

In the same year the term appeared in a peer reviewed conference paper on locational intelligence, the IEEE Symposium on Technology and Society, delivered in New York showcasing the potential for 24x7 tracking and monitoring of humans. After also appearing in a volume of Prometheus guest edited by Michael and Katina, on the “Social Implications of National Security,” the term was subsequently used in a national workshop sponsored by the ARC Research Network for a Secure Australia (RNSA). The 2007 workshop entitled: “From Dataveillance to Uberveillance and the Realpolitik of the Transparent Society” brought together academics and a class list of reviewers from different disciplines to discuss the subject. At this event, Professor Roger Clarke’s 20 year contribution to the field of surveillance and more broadly privacy in Australia was also celebrated as he delivered a keynote address titled: “What ‘überveillance’ is and what to do about it.” In the proceedings of the workshop, uberveillance was embraced by a number of authors, who saw it as an appropriate term to describe the current trajectory of ‘surveillance’ technologies. In 2008 a special issue on Advanced Location Based Services in Computer Communications also published an introductory note on ethics and uberveillance.

Outside references to the term in IT-related blogs and academic papers the term has also been featured in Forbes Magazine by Robert Ellis Smith, Quadrant, National Post by Craig Offman, ABC America Online, Yahoo!Canada’s Home Page, The Inquirer by Nick Farrell, the Edmunton Sun by Alan Findlay, The Sunday Times Online, WIN News and Southern Cross Channel 10. It has also been highlighted in a number of interviews such as on ABC Illawarra with N. Rheinberger. The term was also given a special mention by the keynote on the final day of the 29th International Conference of Data Protection and Privacy Commissioners.

How did you come up with that word?

That’s a good question… it certainly did come from very close collaboration, especially over the last 7 years, bringing disparate fields of study closer together. We believe the influence came from our cross-disciplinary studies in a number of fields including Philosophy, Languages, Theology, Ancient History, Information Technology and Law. Most certainly it was MG Michael’s long affinity and love for words having studied linguistics early on in his career, and having had a number of poems published in some of Australia’s leading poetry journals, such as Southerly and Westerly.

Surveillance as a ‘word’ just did not describe the full extent of the technological capability available today. For instance, there are commercial organizations now chipping people (willing participants) for a variety of applications, including Alzheimer’s, entry access, and employment for the purpose of automatic identification.We needed a word to describe the profoundly intrusive nature of such technologies and it was no longer about Big Brother ‘looking down’, but rather about Big Brother ‘on the inside looking out’. “Uberveillance” also has an onomatopoeic ring to it as well- when one says the word out aloud, its meaning is suggested. Uberveillance is piercing, intrusive, unrelenting, pervasive, constant, and embedded in the body, and in its ultimate form what is captured cannot be edited, reversed or removed. In specific technological terms uberveillance can be described as an omnipresent electronic surveillance facilitated by technology that makes it possible to embed surveillance devices in the human body.

Uberveillance takes that which was “static” or “discrete” in the dataveillance world, and makes it “constant” and “embedded”. It has to do with the fundamental “who” (ID), “where” (location), “when” (time) questions in an attempt to derive “why” (motivation), “what” (result), and even “how” (method/plan/thought). Uberveillance can be a predictive mechanism for one’s expected behaviour, traits, characteristics, likes or dislikes; or it can be based on historical fact, or something in between.

What does it mean to you to have the word officially recognised in the Macquarie dictionary?

While the German prefix ‘uber’ was popular in the 1990s for slang terms, the connection between uber and the French veiller came about through many long hard years of research. We sort of were already describing uberveillance a long time before Michael conceived of the word. The word just summarized it all very neatly. The use of the German prefix “uber” shows that we are not just talking about typical surveillance, and that inherently in this new state of surveillance we are entering unchartered territory.

Uberveillance had previously made it onto several online dictionaries including the Webopedia.com and Merriam-Webster.com but to get it recognized in Australia’s official dictionary was for us an absolute thrill. It was also a vindication not only for us, but also for a larger group of colleagues both in Australia and internationally with whom we must also share this distinction .It clearly evidences to the impact of our work over a sustained period of time, especially given the list of words is international and includes terms that have been in use for much longer. We do not know who nominated the word, or how it got onto the list, but it is without a doubt one of the outcomes we will hold as a major achievement.

What sort of uberveillance research is UOW currently doing?

Stay tuned- we are not far from launching a web portal on Uberveillance which will showcase our research, that of our students, and fellow academic and professional collaborators. Till now our focus has been on ‘proving’ how invasive some technologies can actually be, providing avenues for public discourse and promoting the use of safeguards.

Uberveillance is not just a ‘cute’ word, there is history and substance behind it as can be seen for instance in some of the projects we are currently engaged with, and this is what most find really fascinating. Such as the study on the privacy, trust and security implications of chip implants (e.g. Alzheimer’s patients); the link between exaggerated surveillance and forms of mental duress (e.g. in this instance virtual surveillance conducted by other citizens using web cams, blogs, social networking sites); location based services regulation in Australia to supplement the Unified Privacy Principles (UPP) in the Privacy Act; the ethical implications of the electrophorus (i.e. the bearer of electric technology); discovering the motivations behind underground implantees and why they are embedding technologies under their skin on their own accord; and studying the trade-offs between privacy, value and control in RFID applications, such as e-passport and e-tollways.

Ian Angell - The Economist

And all security fails. It may fail catechismically, catastrophically or it could be just little failures. But little failures damage individuals catastrophically. The nation may be fairly secure but individuals become very damaged.

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Allan Brimicombe - The Rise of the New Geographer

Similarly, on your mobile phone you can use an application where you can have your buddies marked out to know which of them are nearby at a particular moment to find them. And that is pretty much like tracking children. Another interesting one is mobile gaming which involves knowing where individuals are as part of the game. And I think, the most extraordinary one I’ve seen is from Finland in the North of Lapland, an application where a dog is fitted with a GPS and mobile phone device so that the owner of the dog from the nature of the dog’s bark can know whether or not the dog is out of range and by speaking to the dog via the mobile device and direct what the dog has to do.

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