Scott McNealy, the co-founder and long time boss of Sun Microsystems, was famous for his “top ten” riffs on tech trends. Today he’s recreated it on Twitter (follow @scottmcnealy), reprising his famous remark in 1999: “You have zero privacy anyway. Get over it.”
Here’s a compilation of the tweets (followed by a quick analysis relating it to Sony’s Stringer on security):
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Top 10 signs you no longer have privacy and should get over it:
10. The guy behind the McDonalds counter greets you with, “Would you like a salad to help you with your constipation?”
9. A Google search on “white only clubs” has just one result: TaylorMade.
8. Your soon to be ex-spouse produces your iPhone GPS database in settlement hearings.
7. The TSA stops molesting and radiating your 82 year old mom because she is clearly not going to hijack that plane.
6. 20 neighbors show up at same Groupon inspired Spearmint Rhino happy hour in Vegas.
5. IRS starts auditing folks who don’t pay income taxes, not the folks who pay the most.
4. Local police become largest purchaser of camera equipped UAV’s.
3. Your parents require your Facebook, laptop, and phone passwords and actually review your online activity regularly. And you are 40.
2. The UPS driver delivers your small package to your door and, with a smile and wink, asks if you would like batteries with that.
1. Twitter starts suggesting Tweets for you, and they are perfect and better than your own.
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As in 1999, McNealy is right on fact, wrong on what to do about it (as critics argued at the time). Not ensuring some protections is irrational. But whether he’s right or not is beside the point. It is refreshing when a top executive calls it as he sees it — and a bit silly when people quibble with the wording rather than the larger point itself.
Here, I’m thinking of Sony’s boss, Howard Stringer, who recently described the PlayStation Network hack is words that was sure to eviscerate him among tech journos. “Nobody’s system is 100 percent secure,” he said in a conference call. “This is a hiccup in the road to a network future.” (in Bloomberg’s piece). “It’s not a brave new world; it’s a bad new world,” he said (in the WSJ piece).
Stringer has been pounced on by some in the press. He shouldn’t be. Though the point he raises we’ve known for a long time, it is still quite right.
Is this a return of the US-EU privacy wars of the 1990s, when Brussels’ bureaucrats threatened to halt intercontinental online transactions? They may be coming back. This time it’s over location data.
An upcoming EU report will say that “geo-location data has to be considered as personal data… The rules on personal data apply,” an EU official tells the Wall Street Journal.
The implication is that data collected by cellphones, twitter, Facebook and others must be handled like names, birth dates, and other personal information: requiring user consent, deletion after a certain period, and kept anonymously.
This is absolutely preposterous. Yes, rules — better, tougher rules — are desperately needed. But to simply drop the data into a pre-existing regulatory bucket (as the EU is doing, of calling it “personal information” which has sweeping regulatory burdens) is asinine. It will hold back the amazing innovations and services that are just starting to emerge, and future ones that we can scarcely imagine today.
Calling something new (geo-location data) something old (personal identifiable information, or PII in the trade) is a far too blunt way to go about upholding legitimate public interest concerns that need to be addressed. It avoids the more humble — and probably more effective — task of trying to figure out the new properties of this type of data, and thus devise appropriate ways to balance personal privacy with innovative services. It’s harder to do this, but sounder.
This of course will happen, but over time, and probably in a different regulatory jurisdiction. Possibly America? Perhaps China? Maybe Brazil? But European geo-loco firms will suffer in the meantime, since they’ll crammed into a regulatory straitjacket. And to be clear: this is not to say that better rules aren’t needed — they definitely are. But they ought be sensible ones.
Failing to take a more cautious and reflective regulatory approach results in things like the EU’s 1998 privacy directive. It did an excellent job of getting governments into the privacy arena, but it had lots of silly parts too. For one thing, it required an international “safe-harbor” provision in order to do innocuous things like allowing a US firm in France to send its payroll data to headquarters in Detroit. The rules are already out of date, and although it boasts strong enforcement provisions, they’ve barely ever been used.
In fairness, the US has miserable privacy legislation — no country does it well — but the piecemeal approach and building up of a body of regulatory experience is looking like a better way forward. There is no “privacy kommissar” in America, but that hasn’t stopped the FTC from taking serious action often.
A far better way to proceed is the way the US is moving. Sen. Al Franken’s opening statement to hearings on May 10th on cellphone privacy was a paragon of wise policymaking: he wants to find the right balance. He was scorching in his condemnation of current practices:
“Once the maker of a mobile app, a company like Apple or Google, or even your wireless company gets your location information … these companies are free to disclose your location information and other sensitive information to almost anyone they please-without letting you know. And then the companies they share your information with can share and sell it to yet others-again, without letting you know. This is a problem. It’s a serious problem.”
But at the same time, he understood the risks of regulating too soon:
“I just want to be clear that the answer to this problem is not ending location-based services. No one up here wants to stop Apple or Google from producing their products or doing the incredible things that you do. You guys are brilliant. When people think of the word “brilliant” they think of the people that founded and run your companies.”
If this gap in regulatory approach is not settled, the result may well be another round of the privacy wars. Companies like Apple, Google, Facebook, Twitter, Foursquare and others will have to tailor their operations depending on jurisdiction, down to their very code base. The EU will argue that they have to do this any way for language and law. But this still fractures and debilitates the service. And it is hypocritical: the idea behind the EU’s common market and common currency is about the gains from harmonization.
The best way to ward off bad public policy are good case studies of excellent services. Industry basically has its head in the sand hoping this issue will go away (it won’t) or is in hiding, hoping it doesn’t need to disclose how the services work (it does). Their actions are shortsighted. Geo-location services are interesting and useful, and if people really knew what was happening, many would be fine with it, provided a backstop of basic protections exist.
The case must be made publicly. So what are the amazing new services that are emerging that show why the EU’s approach is not quite right? Share your stories here.