At long last, a meaningful step to protect Americans' privacy
This Saturday (19 Aug), I'm appearing at the San Diego Union-Tribune Festival of Books. I'm on a 2:30PM panel called "Return From Retirement," followed by a signing:
https://www.sandiegouniontribune.com/festivalofbooks
Privacy raises some thorny, subtle and complex issues. It also raises some stupid-simple ones. The American surveillance industry's shell-game is founded on the deliberate confusion of the two, so that the most modest and sensible actions are posed as reductive, simplistic and unworkable.
Two pillars of the American surveillance industry are credit reporting bureaux and data brokers. Both are unbelievably sleazy, reckless and dangerous, and neither faces any real accountability, let alone regulation.
Remember Equifax, the company that doxed every adult in America and was given a mere wrist-slap, and now continues to assemble nonconsensual dossiers on every one of us, without any material oversight improvements?
https://memex.craphound.com/2019/07/20/equifax-settles-with-ftc-cfpb-states-and-consumer-class-actions-for-700m/
Equifax's competitors are no better. Experian doxed the nation again, in 2021:
https://pluralistic.net/2021/04/30/dox-the-world/#experian
It's hard to overstate how fucking scummy the credit reporting world is. Equifax invented the business in 1899, when, as the Retail Credit Company, it used private spies to track queers, political dissidents and "race mixers" so that banks and merchants could discriminate against them:
https://jacobin.com/2017/09/equifax-retail-credit-company-discrimination-loans
As awful as credit reporting is, the data broker industry makes it look like a paragon of virtue. If you want to target an ad to "Rural and Barely Making It" consumers, the brokers have you covered:
https://pluralistic.net/2021/04/13/public-interest-pharma/#axciom
More than 650,000 of these categories exist, allowing advertisers to target substance abusers, depressed teens, and people on the brink of bankruptcy:
https://themarkup.org/privacy/2023/06/08/from-heavy-purchasers-of-pregnancy-tests-to-the-depression-prone-we-found-650000-ways-advertisers-label-you
These companies follow you everywhere, including to abortion clinics, and sell the data to just about anyone:
https://pluralistic.net/2022/05/07/safegraph-spies-and-lies/#theres-no-i-in-uterus
There are zillions of these data brokers, operating in an unregulated wild west industry. Many of them have been rolled up into tech giants (Oracle owns more than 80 brokers), while others merely do business with ad-tech giants like Google and Meta, who are some of their best customers.
As bad as these two sectors are, they're even worse in combination – the harms data brokers (sloppy, invasive) inflict on us when they supply credit bureaux (consequential, secretive, intransigent) are far worse than the sum of the harms of each.
And now for some good news. The Consumer Finance Protection Bureau, under the leadership of Rohit Chopra, has declared war on this alliance:
https://www.techdirt.com/2023/08/16/cfpb-looks-to-restrict-the-sleazy-link-between-credit-reporting-agencies-and-data-brokers/
They've proposed new rules limiting the trade between brokers and bureaux, under the Fair Credit Reporting Act, putting strict restrictions on the transfer of information between the two:
https://www.cnn.com/2023/08/15/tech/privacy-rules-data-brokers/index.html
As Karl Bode writes for Techdirt, this is long overdue and meaningful. Remember all the handwringing and chest-thumping about Tiktok stealing Americans' data to the Chinese military? China doesn't need Tiktok to get that data – it can buy it from data-brokers. For peanuts.
The CFPB action is part of a muscular style of governance that is characteristic of the best Biden appointees, who are some of the most principled and competent in living memory. These regulators have scoured the legislation that gives them the power to act on behalf of the American people and discovered an arsenal of action they can take:
https://pluralistic.net/2022/10/18/administrative-competence/#i-know-stuff
Alas, not all the Biden appointees have the will or the skill to pull this trick off. The corporate Dems' darlings are mired in #LearnedHelplessness, convinced that they can't – or shouldn't – use their prodigious powers to step in to curb corporate power:
https://pluralistic.net/2023/01/10/the-courage-to-govern/#whos-in-charge
And it's true that privacy regulation faces stiff headwinds. Surveillance is a public-private partnership from hell. Cops and spies love to raid the surveillance industries' dossiers, treating them as an off-the-books, warrantless source of unconstitutional personal data on their targets:
https://pluralistic.net/2021/02/16/ring-ring-lapd-calling/#ring
These powerful state actors reliably intervene to hamstring attempts at privacy law, defending the massive profits raked in by data brokers and credit bureaux. These profits, meanwhile, can be mobilized as lobbying dollars that work lawmakers and regulators from the private sector side. Caught in the squeeze between powerful government actors (the true "Deep State") and a cartel of filthy rich private spies, lawmakers and regulators are frozen in place.
Or, at least, they were. The CFPB's discovery that it had the power all along to curb commercial surveillance follows on from the FTC's similar realization last summer:
https://pluralistic.net/2022/08/12/regulatory-uncapture/#conscious-uncoupling
I don't want to pretend that all privacy questions can be resolved with simple, bright-line rules. It's not clear who "owns" many classes of private data – does your mother own the fact that she gave birth to you, or do you? What if you disagree about such a disclosure – say, if you want to identify your mother as an abusive parent and she objects?
But there are so many stupid-simple privacy questions. Credit bureaux and data-brokers don't inhabit any kind of grey area. They simply should not exist. Getting rid of them is a project of years, but it starts with hacking away at their sources of profits, stripping them of defenses so we can finally annihilate them.
I'm kickstarting the audiobook for "The Internet Con: How To Seize the Means of Computation," a Big Tech disassembly manual to disenshittify the web and make a new, good internet to succeed the old, good internet. It's a DRM-free book, which means Audible won't carry it, so this crowdfunder is essential. Back now to get the audio, Verso hardcover and ebook:
http://seizethemeansofcomputation.org
If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/08/16/the-second-best-time-is-now/#the-point-of-a-system-is-what-it-does
Image:
Cryteria (modified)
https://commons.wikimedia.org/wiki/File:HAL9000.svg
CC BY 3.0 https://creativecommons.org/licenses/by-sa/3.0/deed.en
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thank u for doing the req!! i enjoyed it smmmm
pepe def looks like he takes lit for his electives!! i feel like he'd study also music for his electives (he seems into classical music and her family is art inclined). for his major i feel like he'd be leaning into business???? -🍯
i'm glad you liked it!!
i think classical music, art and literature are so connected, he started with one of them and fell in love with the others as he got deeper in to the subject.
i think his major could be something like physics or math that everyone generally finds difficult and avoids. pepe genuinely loves physics because he always found stuff fascinating and then he found out there was an explanation for it all!!
pepe definitely wrote how physics & literature are really similar, with valid examples for an essay his first year, that endeared both his physics professor and his literature professor (which might be why she wanted pepe to be partners with you (who is one of her star students) she couldn't for the work you two would do together!!)
OR
maybe he has a dual major with business and physics because he was indecisive and loved them both, but couldn't choose to keep one as a major.
he's a popular figure in the college because literally all his professors sing his praises and the girls all find his extensive knowledge in so many different fields so charming
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What I was trying to say is that Deux Moi has paid information to disperse because selling sweatshirts isn’t their primary business, it’s a bonus. They’ve positioned themselves as a media entertainment/information source who also received a notable credit mention in Vanity Fair. Whether to promote, inform, distract, deflect or entertain, people’s minds are open grounds to build realestate and the industry knows this. It’s a cruel world, people making money creating the imaginary, fulfilling people’s fantasies only to blame and shame the viewer when they get it wrong because they’re so innocent/gullible to believe it. Ultimately what I am trying to say is DM is also getting paid from industry, because if they ever get it seriously wrong, someone is coming for reparations no matter the disclaimer.
Hello, Anon:
My point about the sweatshirts was that DeuxMoi is in the business of making money by exploiting the weaknesses of celebrities and the gullible public. They have no interest whatsoever in publishing the truth, yet people rely on their rumors and allegations like it’s the truth, and many willingly wear that fact in public proudly.
Indubitably, there are those in the entertainment industry who use whatever resources they can find to work in their clients’ best interests in the most expedient, efficient, cost-effective way possible, and what could be more expedient, efficient, and cost-effective than dropping one rumor into DeuxMoi’s inbox for free and letting the gullible public on social media take it from there? And what publicist would want to lose that valuable resource?
Whatever their arrangement might be, it seems that DeuxMoi is supported by the Hollywood PR industry, or they wouldn’t have been allowed to thrive and flourish as they have, as both parties have a vested interest in manipulating and monetizing our attention, using celebrities as bait.
They’re perfect partners.
X
Thanks for the clarification. ☺️💗
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