What I don't know about privacy

A post on Steve Hunt's blog has me thinking about privacy again. 

A couple of years ago, I was speaking on an international identity and security panel in Rome.  At the end of my remarks, a French journalist asked me a long question that seemed to have something to do with privacy but a lot more to do with trying to bait me to agree or disagree with his stated distaste for some aspect of Bush's foreign policy.  I say "seemed to" because neither my French nor his English were up to the task at hand.  Unfortunately, this kind of game has become routine for traveling Americans and I almost always choose not to play.  So instead of answering directly or, the horror, asking him to clarify his question, I decided to use up my time with an impromptu digression on the nature of privacy.  I wasn't sure what I was going to say and, when it was said, I wasn't sure if I actually agreed with it. I'm still not sure.  It sounded good at the time though and sent the audience a-nodding.  Here's more or less what I said, [with my simultaneous inner monologue in brackets].

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When our founding fathers wrote the Declaration of Independence [good, always start with the Founding Fathers when talking to a French reporter], they put in a curious sentence, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights," [Uh oh, is that in the Declaration or the Preamble to the Constitution?  Crap!  Ok, just act confident and the audience won't know.] "...that among these are Life, Liberty and the pursuit of Happiness."

Now there's an interesting thing here: the three rights specified are mentioned in order of decreasing specificity and ease of measurement.  The first one, Life, is pretty easy to measure; most people will agree on whether someone is alive or dead.  Well, not right now in Washington, but most of the time. [Polite laughter, good, they've heard about the Schiavo thing over here.] The second one, Liberty, is a bit harder to define but still pretty good.  You can usually get a pretty good consensus on whether someone is free or a slave. 

Now the third one is tough.  Happiness?  How can you really define it?  Or measure it?  It seems like a really personal quality that's really hard to pin down.  Some people don't even seem to want to be happy.  I mean I've seen French movies. [Better laugh line, but have I actually ever seen a French movie?  I must have.] Aren't standards of happiness based heavily on the ideas of the time? Plus what if my happiness makes you unhappy? Or vice versa?  Don't the Germans even have a word for this? Schadenschnitzel or something? [Big laugh, Europeans love the 'dumb American tries to say something important but gets comically confused with a food item' bit.  JFK knew this as well.]

That's why the Declaration doesn't give you a right to happiness, only to the pursuit of happiness.  We can't guarantee you happiness, but we can make sure that you can do whatever you think may make you happy - as long as you don't get in the way of the other two rights for others.  And this is the real genius of the document: you have a right to pursue.  You may never get there, or I may beat you to it, but you can pursue happiness if you want and we won't stand in your way.

[Now here's the part that I'm really not sure about, but it's such a smooth transition.]

So what about Privacy?  Is it like Life?  Is it like Liberty? [Yes, come to think of it, it probably is like liberty, should have thought this through better before starting.] Or is it more like Happiness?  I think privacy is a personal thing. Some people want to be very private, other people post pictures of their vasectomy on their blog.  Don't google for this! [Really, don't.] Some people want to hide every step they make on the web, others don't care at all.  And is there a corresponding right to know?  If I really want to know how much my customers earn, is it really wrong for me to try to find out?  What if I want to find out who's giving money to a politician?  Does your right to privacy trump my right to happiness?

I think maybe privacy is like happiness, and the "right to privacy" should really be "the right to the pursuit of privacy".  If you want to keep certain information private, you should have access to all the tools you need to make that happen.  If you choose not to use those tools, either because you don't care or because you agree to some kind of business or social proposition in return, then I have the right to get whatever information about you that I want.  And the default setting on your web browser shouldn't be "private" any more than the default setting on your life should be "happy".  If you want privacy or happiness, you have the absolute right to work at it, but it's not our responsibility as representatives of government or industry to hand you either one. [Big applause line from the audience, but it's a very business- and government- centric crowd.] Companies should be free to track their customers' actions and people should be free to hide whichever of those actions they want.  Each person gets to choose where they want to stand in that marketplace.

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This got a good very good reaction at the conference, but the "privacy" guys were pretty severely outnumbered so it wasn't a balanced field.  I'm still not sure how I feel about this analogy.  The biggest danger seems to be the potential arms-race between privacy seeking individuals and information seeking businesses or governments.  For instance, is it OK for Google's default search behavior to be set to log your search history? (Nelson Minar and my brother had an interesting discussion about this a couple of weeks ago).  If so, would it be OK for Google to change the opt-out settings randomly every few months to force people to "really" care about their privacy? Would it be OK for Google to just lie to you and keep records even you've opted out, claiming that you should be using some third-party anonymizer if you really cared? (I think the answers are "yes", "no" and "no", but where do you draw the line?)  Also, are the implications significantly different for government/citizen interactions?

I'm not sure about any of this.  I told myself that I'd sort it out before posting, but my little talk was almost two years ago and I still haven't decided.  Is "privacy" like "happiness"?  Maybe it's not a very useful question.  What do you think?

Oh, the picture at the top of this post is a still from "Fireworks", the School House Rock episode on the Declaration of Independence.  It's how they chose to illustrate "pursuit of happiness".  Note that this kind of pursuit, deemed appropriate educational programming for children in the 1970s, would now land you in jail.