Karen Sollins Principal Scientist, MIT CSAIL October 2, 2014 The New Normal in Privacy: discussion of a dilemma 10/2/14Karen Sollins: Privacy1

► Technical issues ► NSA collecting information and analytics ► Non-governmental organizations collecting information and providing it to the government (sometimes under duress) ► Security is imperfect ► Legal issues ► Fourth amendment in US ► Treaties and other geopolitical legal bindings (or not) ► Social issues: What I found at the most recent IETF ► “Snowdon” and “NSA” were all the buzz ► Sense of always looking over one’s shoulder Consider recent examples: the Snowden case 10/2/14Karen Sollins: Privacy2

► Technical ► Analytics? Collecting for future analytical tools? ► Scalability? ► Legal ► What are the social norms for privacy? ► What are the social norms for responsibility for security/privacy? ► Each international governmental organization makes unilateral decisions. Does this scale (in Andy’s terms, not just growth)? ► Where are the stable points (in Dave’s terms) in the legal/regulatory context? ► Social: Is the new normal, watching over our shoulders? 10/2/14Karen Sollins: Privacy3 “Snowdon”: questions/issues

► Technical issue: increasing use of HTTPS ► Last spring: gmail ► August, 2014: positive ranking in search engines for encrypted websites. ► Currently, lightweight ► Will increase the weighting ► Business issues: ► Placement in search results ► Pressure to encrypt using HTTPS (SSL/TLS) ► Improve Google’s image ► Perhaps reduce Google’s risks ► Social issues: ► Appearance that Google has the user’s interest at heart Consider recent examples: Google, what they’re doing 10/2/14Karen Sollins: Privacy4

► Technical issues: ► HTTPS is about authenticated and encrypted communication ► Says nothing about content itself being encrypted at Google ► “known” to Google ► Copies of pages “known” to Google ► “Traditional” Google functions uninterruped ► Business issues ► Does this change Google’s business model? ► No: continued analysis, continued advertising and bit data functions ► Yes: Google can trust authentication and integrity. Individuals can trust threats from cleartext, unauthenticated mail sources. ► Social issue: where is the increased privacy and where not? How to value the effects of “Big Data”? (Unchanged here.) 10/2/14Karen Sollins: Privacy5 Google: questions/issues

► Technical issue: ► Apple will no longer be able to “open” an iPhone. ► Anything protected by the passcode on an iPhone will be inaccessible to Apple ► Everything in the iCloud, as well as all tracking, monitoring, meta-data collected by Apple will not be protected. ► Legal issues: ► Even with legal warrants, Apple “cannot” obtain information ► Social Issues: ► Should we be redefining what is considered “in plain view” in light of smart phone technology and use? ► If the user has protected his or her iPhone with a passcode, what responsibility does Apple have for privacy of information in their services ? Consider recent examples: Apple and iOS8 10/2/14Karen Sollins: Privacy6

► Legal issues ► If passcode locks a phone, and the police stop someone with an iPhone in use, can they look at the phone before it locks itself, and how does that interact with the requirement for a warrant? ► What is “legal search and seizure” under Fourth Amendment? ► [Orin Kerr, Volokh Conspiracy Blog/Julian Sanchez, Cato Institute] ► Is it necessary (from Fourth Amendment perspective) to support the government in what it has become accustomed to? ► Where is the boundary between privacy and public/government need for search and seizure? Is there ever too much crypto? ► Courts have balanced privacy and government (social norm) requirements repeatedly as technology has evolved. How might we rebalance now in light of smart phones? ► Social issues ► Trying to change the user’s “trust” model, but how much is this actually true? 10/2/14Karen Sollins: Privacy7 Apple: questions/issues

► Google and Apple are making business decisions about the appearance of privacy. ► In your organization, are you also finding business tradeoffs with respect to privacy? ► Which kinds of information should remain in control of customers and which in control of the service provider (whether TV/Entertainment, user service provider, communications service provider or many others)? ► How does one handle the customer perception (in contrast with the reality of what information is collected about the user and used in provision of service and business opportunities)? ► How is this changing with advances in technology? Social norms? ► How do you do the cost-benefit analysis? Some questions: business issues 10/2/14Karen Sollins: Privacy8

► The US Fourth Amendment is very US centric. ► In places where personal information is considered inalienably accrued to the subject of the information, what is the balance between that and ► The need by government to enforce laws and regulations? ► The need of companies to collect information in the operation of their businesses (consider the need for network provisioning and management, the need to determine economic interest in entertainment products, etc)? ► In other parts of the world, personal information is considered under the ownership of the government. ► How does this affect business models? Some questions: privacy and governance 10/2/14Karen Sollins: Privacy9

► If the new normal is different in different social and legal regimes, how do we reconcile these differences across those social and geopolitical boundaries? Are there business models for privacy that might transcend those boundaries? ► Are there technologies needed (or existing), that will help us to support heterogeneity in the face of the need for a global Internet, technically, socially, and legally? Questions: The Internet is global 10/2/14Karen Sollins: Privacy10

Karen Sollins /2/14Karen Sollins: Privacy11 Your questions and answers