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Chelsea Manning’s Op-Ed for the NY Times: The Dystopia We Signed Up For

From September 13, 2017

The Dystopia We Signed Up For

By Chelsea Manning

In recent years our military, law enforcement and intelligence agencies have merged in unexpected ways. They harvest more data than they can possibly manage, and wade through the quantifiable world side by side in vast, usually windowless buildings called fusion centers.

Such powerful new relationships have created a foundation for, and have breathed life into, a vast police and surveillance state. Advanced algorithms have made this possible on an unprecedented level. Relatively minor infractions, or “microcrimes,” can now be policed aggressively. And with national databases shared among governments and corporations, these minor incidents can follow you forever, even if the information is incorrect or lacking context…

In literature and pop culture, concepts such as “thoughtcrime” and “precrime” have emerged out of dystopian fiction. They are used to restrict and punish anyone who is flagged by automated systems as a potential criminal or threat, even if a crime has yet to be committed. But this science fiction trope is quickly becoming reality. Predictive policing algorithms are already being used to create automated heat maps of future crimes, and like the “manual” policing that came before them, they overwhelmingly target poor and minority neighborhoods.

The world has become like an eerily banal dystopian novel. Things look the same on the surface, but they are not. With no apparent boundaries on how algorithms can use and abuse the data that’s being collected about us, the potential for it to control our lives is ever-growing.

*** full text below for archival purposes***

The Dystopia We Signed Up For

By Chelsea Manning

For seven years, I didn’t exist.

While incarcerated, I had no bank statements, no bills, no credit history. In our interconnected world of big data, I appeared to be no different than a deceased person. After I was released, that lack of information about me created a host of problems, from difficulty accessing bank accounts to trouble getting a driver’s license and renting an apartment.

In 2010, the iPhone was only three years old, and many people still didn’t see smartphones as the indispensable digital appendages they are today. Seven years later, virtually everything we do causes us to bleed digital information, putting us at the mercy of invisible algorithms that threaten to consume our freedom.

Information leakage can seem innocuous in some respects. After all, why worry when we have nothing to hide?

We file our taxes. We make phone calls. We send emails. Tax records are used to keep us honest. We agree to broadcast our location so we can check the weather on our smartphones. Records of our calls, texts and physical movements are filed away alongside our billing information. Perhaps that data is analyzed more covertly to make sure that we’re not terrorists — but only in the interest of national security, we’re assured.

Our faces and voices are recorded by surveillance cameras and other internet-connected sensors, some of which we now willingly put inside our homes. Every time we load a news article or page on a social media site, we expose ourselves to tracking code, allowing hundreds of unknown entities to monitor our shopping and online browsing habits. We agree to cryptic terms-of-service agreements that obscure the true nature and scope of these transactions.

According to a 2015 study from the Pew Research Center, 91 percent of American adults believe they’ve lost control over how their personal information is collected and used.

Just how much they’ve lost, however, is more than they likely suspect.

The real power of mass data collection lies in the hand-tailored algorithms capable of sifting, sorting and identifying patterns within the data itself. When enough information is collected over time, governments and corporations can use or abuse those patterns to predict future human behavior. Our data establishes a “pattern of life” from seemingly harmless digital residue like cellphone tower pings, credit card transactions and web browsing histories.

The consequences of our being subjected to constant algorithmic scrutiny are often unclear. For instance, artificial intelligence — Silicon Valley’s catchall term for deepthinking and deep-learning algorithms — is touted by tech companies as a path to the high-tech conveniences of the so-called internet of things. This includes digital home assistants, connected appliances and self-driving cars.

Simultaneously, algorithms are already analyzing social media habits, determining creditworthiness, deciding which job candidates get called in for an interview and judging whether criminal defendants should be released on bail. Other machine-learning systems use automated facial analysis to detect and track emotions, or claim the ability to predict whether someone will become a criminal based only on their facial features.

These systems leave no room for humanity, yet they define our daily lives. When I began rebuilding my life this summer, I painfully discovered that they have no time for people who have fallen off the grid — such nuance eludes them. I came out publicly as transgender and began hormone replacement therapy while in prison. When I was released, however, there was no quantifiable history of me existing as a trans woman. Credit and background checks automatically assumed I was committing fraud. My bank accounts were still under my old name, which legally no longer existed. For months I had to carry around a large folder containing my old ID and a copy of the court order declaring my name change. Even then, human clerks and bank tellers would sometimes see the discrepancy, shrug and say “the computer says no” while denying me access to my accounts.

Such programmatic, machine-driven thinking has become especially dangerous in the hands of governments and the police.

In recent years our military, law enforcement and intelligence agencies have merged in unexpected ways. They harvest more data than they can possibly manage, and wade through the quantifiable world side by side in vast, usually windowless buildings called fusion centers.

Such powerful new relationships have created a foundation for, and have breathed life into, a vast police and surveillance state. Advanced algorithms have made this possible on an unprecedented level. Relatively minor infractions, or “microcrimes,” can now be policed aggressively. And with national databases shared among governments and corporations, these minor incidents can follow you forever, even if the information is incorrect or lacking context.

At the same time, the United States military uses the metadata of countless communications for drone attacks, using pings emitted from cellphones to track and eliminate targets.

In literature and pop culture, concepts such as “thoughtcrime” and “precrime” have emerged out of dystopian fiction. They are used to restrict and punish anyone who is flagged by automated systems as a potential criminal or threat, even if a crime has yet to be committed. But this science fiction trope is quickly becoming reality. Predictive policing algorithms are already being used to create automated heat maps of future crimes, and like the “manual” policing that came before them, they overwhelmingly target poor and minority neighborhoods.

The world has become like an eerily banal dystopian novel. Things look the same on the surface, but they are not. With no apparent boundaries on how algorithms can use and abuse the data that’s being collected about us, the potential for it to control our lives is ever-growing.

Our drivers’ licenses, our keys, our debit and credit cards are all important parts of our lives. Even our social media accounts could soon become crucial components of being fully functional members of society. Now that we live in this world, we must figure out how to maintain our connection with society without surrendering to automated processes that we can neither see nor control.

NY Times Article On Aaron’s Pacer Project

This is a reference for our post about Aaron’s Pacer Project Explained.

This was published in the New York Times on February 12, 2009.

An Effort to Upgrade a Court Archive System to Free and Easy

By JOHN SCHWARTZ

FEB. 12, 2009

Aaron Swartz used a free trial of the government’s Pacer system to download 19,856,160 pages of documents in a campaign to place the information free online. Photo:  Michael Francis McElroy for The New York Times

Aaron Swartz used a free trial of the government’s Pacer system to download 19,856,160 pages of documents in a campaign to place the information free online. Credit Michael Francis McElroy for The New York Times

Americans have grown accustomed to finding just about anything they want online fast, and free. But for those searching for federal court decisions, briefs and other legal papers, there is no Google.

Instead, there is Pacer, the government-run Public Access to Court Electronic Records system designed in the bygone days of screechy telephone modems. Cumbersome, arcane and not free, it is everything that Google is not.

Recently, however, a small group of dedicated open-government activists teamed up to push the court records system into the 21st century — by simply grabbing enormous chunks of the database and giving the documents away, to the great annoyance of the government.

“Pacer is just so awful,” said Carl Malamud, the leader of the effort and founder of a nonprofit group, Public.Resource.org. “The system is 15 to 20 years out of date.”

Worse, Mr. Malamud said, Pacer takes information that he believes should be free — government-produced documents are not covered by copyright — and charges 8 cents a page. Most of the private services that make searching easier, like Westlaw and Lexis-Nexis, charge far more, while relative newcomers like AltLaw.org, Fastcase.com and Justia.com, offer some records cheaply or even free. But even the seemingly cheap cost of Pacer adds up, when court records can run to thousands of pages. Fees get plowed back to the courts to finance technology, but the system runs a budget surplus of some $150 million, according to recent court reports.

To Mr. Malamud, putting the nation’s legal system behind a wall of cash and kludge separates the people from what he calls the “operating system for democracy.” So, using $600,000 in contributions in 2008, he bought a 50-year archive of papers from the federal appellate courts and placed them online. By this year, he was ready to take on the larger database of district courts.

Those courts, with the help of the Government Printing Office, had opened a free trial of Pacer at 17 libraries around the country. Mr. Malamud urged fellow activists to go to those libraries, download as many court documents as they could, and send them to him for republication on the Web, where Google could get to them.

Aaron Swartz, a 22-year-old Stanford dropout and entrepreneur who read Mr. Malamud’s appeal, managed to download an estimated 20 percent of the entire database: 19,856,160 pages of text.

Then on Sept. 29, all of the free servers stopped serving. The government, it turns out, was not pleased.

A notice went out from the Government Printing Office that the free Pacer pilot program was suspended, “pending an evaluation.” A couple of weeks later, a Government Printing Office official, Richard G. Davis, told librarians that “the security of the Pacer service was compromised. The F.B.I. is conducting an investigation.”

Lawyers for Mr. Malamud and Mr. Swartz told them that they appeared to have broken no laws, noting nonetheless that it was impossible to say what angry government officials might do.

At the administrative office of the courts, a spokeswoman, Karen Redmond, said she could not comment on the fate of the free trial of Pacer, or whether there had been a criminal investigation into the mass download.

The free program “is not terminated,” Ms. Redmond said. “We’ll just have to see what happens after the evaluation.” As for the system’s cost, she said: “We’re about as cheap as we can get it. We’re talking pennies a page.”

Carl Malamud has been leading the effort to push the court records system into the 21st century. Photo: Heidi Schumann for The New York Times

Carl Malamud has been leading the effort to push the court records system into the 21st century. Credit Heidi Schumann for The New York Times

Meanwhile, the 50 years of appellate decisions remain online and Google-friendly, and the 20 million pages of lower court decisions are available in bulk form, but are not yet easily searchable. “I want the whole database in 2009,” Mr. Malamud said.

Mr. Malamud, 49, has a long record of trying to balance openness with privacy, and has also pushed the Securities and Exchange Commission and the Patent and Trademark Office to put their records online free. But the issue is a thorny one with court documents, which often contain personal information.

Daniel J. Solove, a professor at the George Washington University Law School, noted that marketers skim court records for personal data, and making records easier to troll will put even more data at risk. “It’s taking away this middle ground that offered a lot of protection, practically, and throwing it into this radically wide open box,” he said.

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But this argument for what is known as “practical obscurity” does not convince Peter A. Winn, a privacy expert who is an assistant United States attorney in Washington State. Noting that he was speaking only for himself, he argued that the courts developed rules over the last 400 years to protect privacy.

“It worked in the bricks-and-mortar age — it should work in the electronic age,” Mr. Winn said. The administrative office of the courts, he said, should take on the role of policing privacy on its databases. “This is going to take focus and a lot of hard work,” he said.

Mr. Malamud agrees that the court system needs to do a better job of protecting privacy. He found thousands of documents in which the lawyers and courts had not properly redacted personal information like Social Security numbers, a violation of the courts’ own rules. There was data on children in Washington, names of Secret Service agents, members of pension funds and more.

“They’re pretty spectacular blunders,” he said. He sent letters to the clerks of individual courts around the country. After some initial inaction, and repeated and increasingly spirited notices from Mr. Malamud, most of the offending documents were pulled from the databases to be redacted.

Ms. Redmond, of the administrative office of the courts, said the courts comb through the documents “on a regular basis” and tell lawyers to redact confidential information. The number of violations, she noted, was relatively small.

Mr. Malamud scoffed at that. “This is a large number of transgressions, and this is illegal,” he said. “The law doesn’t say that you should only publish a small number of Social Security numbers!”

Mr. Malamud said his years of activism had led him to set a long-shot goal: serving in the Obama administration, perhaps even as head of the Government Printing Office. The thought might seem far-fetched — Mr. Malamud is, by admission, more of an at-the-barricades guy than a behind-the-desk guy. But he noted that he published more pages online last year than the printing office did.

Mr. Malamud represents a perspective of openness and transparency that is much in tune with the new administration’s, said Lawrence Lessig, a law professor at Harvard who is a leading advocate for free culture. “The principles are those that Carl has been at the center of defining,” he said.

The idea also seems to have a measure of appeal for John D. Podesta, a longtime fan of Mr. Malamud and head of the Obama transition team, who stopped short, however, of anything resembling an endorsement. “He would certainly shake things up,” Mr. Podesta said, laughing.

Mr. Malamud says he is not counting on the new administration’s being quite that bold. Besides, he said, he keeps himself awfully busy doing what he believes the government ought to be doing anyway.

“If called, I will certainly serve,” he said. “But if not called, I will probably serve anyway.”

Cory Doctorow: Facebook takes down a legitimate anti-far-right protest page, calls it “inauthentic”

Journalists: This post goes with this post (with background links) and this post (from Gizmodo).

From Mike Issac (from the New York Times) on Twitter https://twitter.com/MikeIsaac/status/1024364834903621632

Facebook takes down a legitimate anti-far-right protest page, calls it “inauthentic”

By Cory Doctorow for BoingBoing:

From the article:

Like Linus Van Pelt searching the pumpkin patch for a really sincere pumpkin, Facebook has been scouring its political organizing pages for really sincere protesters, and loudly and performatively purging any activity it deems to be “inauthentic.”

One of the casualties of this purge is the countermarch for Unite the Right organizer Jason Kessler’s planned “white civil rights rally” in Washington DC.

The counterdemonstration, organized under the banner of “Hate Not Welcome: No Unite The Right 2” was removed by Facebook, who loudly accused the organizers of being paid Russian trolls hoping to stoke American divisions. Except these organizers are actually well-known, American activists, posting from within the USA, about an issue they care deeply about.

Among these genuine, American organizers is Chelsea Manning, the US military veteran and heroic whistleblower, who explained that the protest was “real and organic,” adding “We started organizing several months ago. Folks from D.C. and Charlottesville have been talking about this since at least February.”

It really hasn’t been that long since every progressive cause and event was accused of being a front for Russian fifth columnists and Senator Joe McCarthy was hauling anyone who advocated for a better life for all Americans in front of his House Un-American Activities Committee. Not much has changed. I guess the Democratic establishment finds talking about Russian hackers easier than campaigning on a $15 minimum wage, Medicare for All, and breaking up the big banks and bringing them to heel.

The photo at the top of this page goes with this  earlier article about Facebook’s original July 31, 2018 announcement by Xeni Jardin at BoingBoing, where Mike Issac from the New York Times explains in a tweet that Facebook’s usage of the word “inauthentic” is deliberate, as it was the wording it used when Mark Zukerberg spoke to congress.

“The Internet’s Own Boy” is a New York Times Critics’ Pick!

A Prodigious Beginning, Then an Early Ending                                               By Jeannette Catsoulis for the New York Times                                      June 26, 2014

Moving and maddening in almost equal measure, Brian Knappenberger’s “The Internet’s Own Boy: The Story of Aaron Swartz” is a devastating meditation on what can happen when a prescient thinker challenges corporate interests and the power of the state.