Brad Feld

Tag: laws

A law with good intentions, but horrible side effects, passed yesterday. You probably haven’t heard about it because of the brouhaha over 97,513 other things. It’s called SESTA/FOSTA and the EFF has a good summary of how Lawmakers Failed to Separate Their Good Intentions from Bad Law. Craigslist responded immediately (and rationally) by taking Craigslist Personals offline.

Oh, and as a bonus, the CLOUD Act was buried in the Omnibus spending bill. EFF has an article from six weeks ago that explains why it is A Dangerous Expansion of Police Snooping on Cross-Border Data. The CLOUD Act is an aggressive undermining of existing privacy laws, but no one really cares about online privacy or your data, right?

If you want a glimpse as to the data Facebook has on you, take a look at the analysis Dylan McKay just posted. And then, it a magic trick of epic proportions, it turns out that ‘Lone DNC Hacker’ Guccifer 2.0 Slipped Up and Revealed He Was a Russian Intelligence Officer. I’m shocked – just shocked – that something like this could be true (actually, I’m not – I’ve been saying the DNC / Wikileaks stuff was Russian hackers since the beginning, even after several friends gave me tinfoil caps to keep me safe.)

I don’t expect the Trump campaign knew anything about any of this. Well, except for the news today that showed the Cambridge Analytica’s blueprint for Trump victory. And now, the news that Trump’s new security adviser John Bolton also relied on Cambridge Analytica. Scandalous, just scandalous (well – not really – how about “predictable, just predictable …”)

If you want to understand what can happen to your Facebook data, the Cow Clicker story is both fun and instructive. I remember Cow Clicker well because it was a spoof on FarmVille. And yes, the explanation in the article is very accurate from my perspective. If you want a more mainstream explanation, How Trump Consultants Exploited the Facebook Data of Millions is pretty good.

Expect more outrage and Facebook bashing on all media channels. And lots of talking heads and discussion about what needs to be done. We might even have hearings in Congress. But my guess is that not much will change, the outrage will move onto something else (hey – what happened to North Korea?), Facebook will make a few incomprehensible changes to their security settings, and the laws that get created won’t keep up with the technology.


In the “you’ve got to be fucking kidding me” category, “a Missouri federal judge ruled the FBI did not need a warrant to secretly attach a GPS monitoring device to a suspect’s car to track his public movements for two months.”

I had to read that sentence twice. I simply didn’t believe it. Fortunately this one will go to the Supreme Court. The punch line from Justice Breyer is right on the money: “If you win this case, there is nothing to prevent the police or government from monitoring 24 hours a day every citizen of the United States.”

GPS tracking. Hey – did you know that you can already track me through my cell phone without my permission? How about a little tag sewn into all clothing that uniquely identifies me. Or maybe something injected under my skin. Giving the government the right to do it without probable cause or any process, or suggesting that someone doesn’t have a reasonable expectation of privacy,  just feels evil to me.

The depth of the ethics of these issues are going to be significant over the next decade. It will be trivial for any of us to be tracked all the time without our knowledge. Don’t want a device – how about image recognition view the web of surveillance cameras everywhere.

I don’t have any answer for this, but I have a lot of questions and ideas. And I’m glad that I live in the US where presumably my civil liberties, privacy, and freedom of speech are sacred. I know there are plenty of people in the US that don’t agree with this, or believe that the government should have more control around this to “keep out or find the bad guys.”

Philosophically this is a hard and complex discussion and has been since the creation of the United States of America. The difference, right now, is that technology is about to take another step function leap that no one is ready for, or is thinking about, or even understands, that will create an entirely new set of dynamics in our society. Our government, especially leaders in Congress, the White House, and the Judicial System need to get much smarter – fast – about how this works. SOPA / PIPA is an example of terrible legislation that runs the risk of massively impacting innovation and individual freedom of speech. But it’s just a start – there is a lot more coming.

Denying that there is going to be a dramatic shift in how humans and computers interact is insane. Trying to hold on to incumbent business models and stifle innovation through legislation is dumb. Trying to create complex laws to contain and manage the evolution of technology, especially when it transfers power from innovators to non-innovators, or from the rights of private citizens to the government, is a mistake and will fail long term. Trying to repress free speech of any sort is wrong and won’t be sustainable.

I live in a world where you can’t anticipate or control change. It’s coming – and fast. Let’s embrace it and use it for good, not resist is and try to surpress it in the name of “protecting ourself from bad actors.” I pledge to do my best to always be thoughtful about it and be a force for good in the world. But please, don’t deny the inevitable – embrace it, and build off of it. It’s what makes America amazing and extremely durable long term.