He knows when you are sleeping...

NEW YORK (CNNMoney) -- Attention holiday shoppers: your cell phone may be tracked this year.
Starting on Black Friday and running through New Year's Day, two U.S. malls -- Promenade Temecula in southern California and Short Pump Town Center in Richmond, Va. -- will track guests' movements by monitoring the signals from their cell phones.

While the data that's collected is anonymous, it can follow shoppers' paths from store to store.
The goal is for stores to answer questions like: How many Nordstrom shoppers also stop at Starbucks? How long do most customers linger in Victoria's Secret? Are there unpopular spots in the mall that aren't being visited?

While U.S. malls have long tracked how crowds move throughout their stores, this is the first time they've used cell phones.

But obtaining that information comes with privacy concerns.

The management company of both malls, Forest City Commercial Management, says personal data is not being tracked.

"We won't be looking at singular shoppers," said Stephanie Shriver-Engdahl, vice president of digital strategy for Forest City. "The system monitors patterns of movement. We can see, like migrating birds, where people are going to."

Still, the company is preemptively notifying customers by hanging small signs around the shopping centers. Consumers can opt out by turning off their phones.

Via http://money.cnn.com/2011/11/22/technology/malls_track_cell_phones_black_friday/

The funny thing about world-domination is that even when you achieve it, you still have to finance it. Maybe that's why Facebook keeps coming up with crazy money-making schemes.

Last week it was disclosing users' addresses and phone numbers to third-parties. The latest puts you in the role of company spokesperson by turning your "likes" and "checkins" into sponsored ads on your friend's pages--without your consent. Currently there is no way for users to disable this "feature".

Read more at http://news.yahoo.com/s/ap/20110126/ap_on_hi_te/us_tec_facebook_ads

Smart-Meter

Via NYT:

The law applies to unincorporated Marin, home to about 70,000 of the county's 260,000 residents. In addition to electromagnetic health risks, the board cited concerns about meters being used to collect information about residents' activities, impacts on aesthetics and potential damage to amateur radio networks.

Read full article at http://www.nytimes.com/gwire/2011/01/05/05greenwire-calif-county-criminalizes-smart-meter-installa-66649.html

The Federal Trade Commission testified before congress this week on what it calls "Do Not Track Legislation". According to the FTC's web site, "The testimony describes the FTC’s efforts to protect consumer privacy for 40 years through law enforcement, education, and policy initiatives. It also provides highlights from the FTC staff’s new report on consumer privacy, released yesterday, and proposes a framework to promote privacy, transparency, business innovation, and consumer choice."

The commission suggests that tracking should be controlled at a user (likely browser) level, but could be enacted either via strict legislation or industry-supported self-regulation.

Cookie Settings

For the most part, the mechanisms utilized by web sites to track user activity are inherent in the browsers themselves, and have retained an element of user-control since their inception. The most common method is through the use of what is known as a "browser cookie"--a small piece of unique data saved by a web site into the the web browser for later retrieval. Although users have the ability to "flush" cookies from their browsers, or simply configure the browser not to accept cookies at all, these features tend to be buried well within the browser settings, and difficult for most people to understand. What's worse, enabling such privacy features often renders many web site features semi or non-functional.

The FTC is not calling for specific mandates at this time, but rather for comment.

Disgruntled Hacker [Debt Collector] Disables More Than 100 Cars Remotely

Pay Technology's Webtech Plus

Cleveland-based Pay Technologies is a company that sells hidden wireless black boxes that allow car dealers to remotely disable a car’s ignition, or trigger the horn to begin honking, as a not-so-gentle reminder that a payment is due. The Webtech Plus responds to commands issued through a central website, and relayed over a wireless pager network.

A car dealer in Austin Texas began receiving complaints from hundreds of stranded customers late last month. According to the dealership's manager, the complaints stopped several days later, when he reset all the Webtech Plus employee passwords. Then police obtained access logs from Pay Technologies, and traced an IP address to a former employee. Police say he hacked into the dealership's computer system to deactivate the starters on the cars and set off their horns.

To call the suspect a "hacker" is really an insult to hackers. On the other hand, anyone who's ever spoken with a debt collector probably isn't very surprised by allegations of unethical behavior.

According to the dealership, the employee's account had been closed when he was terminated last month, but they allege he got in through another employee’s account. They claim he was working his way alphabetically through a database of all 1,100 customers whose cars were equipped with the device.

Attn. MPAA: There are much worse ways to copy movies than with a computer.

In 2007 prosecutors in Anchorage Alaska accused 34 year old stripper Mechele Linehan of plotting a murder based on the 1994 movie "The Last Seduction". Life so closely imitated art, said prosecutors, that they even tried to have the movie played for the jury.

Rockstar Games Grand Theft Auto

In 2008 a teenager confessed that he was trying to imitate scenes from the video game "Grand Theft Auto" when he robbed a murdered a taxicab driver in Bangkok Thailand. Movies like "The Deer Hunter" (1978) are even believed to have inspired several "copycat" suicides in the late 1970's and early 80's.

All of this may seem like fodder for censorship advocates, but that debate has largely come and gone in favor preserving the First Amendment's right to free speech. Wise as the framers of the U.S. Constitution may have been, few would accuse them of being clairvoyant. After all, who could have predicted the impact the Internet would some day have on both the precept of free speech and the concept of privacy?

Though many speak of the "right to privacy", it is not, at least as far as the U.S. Constitution is concerned, a right at all. It is, nonetheless, an ethos that has long been coveted by Americans, and is implicit in the Fourth Amendment's:

...right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures...

Of course, mention the term "search" to most people today, and it's far more likely to conjure thoughts of friends lists", home pages and e-books, than actual people, houses and papers. And while, in just the past few years, popular culture has come to embrace the sharing of intimate, private and personal details with virtual strangers, the desire to remain "secure" seems to be very much alive in the 21st Century. In fact, more than any other, the Fourth Amendment has played a central, albeit contested, role in the litigation of hi-tech criminal evidence.

I know what you watched last summer...

So, what does all this have to do with your Netflix queue? Though Americans, and many other people around the world, may be willing to voluntarily divulge personal information, either in trade for modern conveniences and services, or increasingly, for a sense of online significance, we're not quite as enthusiastic when it's taken from us and shared without any tangible return. It's no longer a secret that the monetary value of data has been pre-calculated into the return on investment (ROI) of so many of today's business models, but consumers still tend to expect a certain level of security. In recent years the bar has been set pretty low. Still, it may surprise many to learn that "anonymous" usage data can be deciphered into personally-identifiable intelligence, as proven by a pair of researchers at the University of Texas using what was thought to be anonymous user data provided to contestants in the three-year $1 million "Netflix Prize" to improve the site's recommendation results.

The UT's results brought both unwanted attention from the Federal Trade Commission and a lawsuit from a private firm, resulting in Netflix's decision last week to cancel a planned sequel to the prize awarded last year.

It's not hard to imagine how this sort of data could be exploited to peddle shoes to people who have rented all six seasons of "Sex in the City", or BestBuy ads targeted at fans of NBC's "Chuck".

Dreamworks Minority Report (2002)

It's no longer extraordinary to see similar data exploited in the process of investigating crimes either. Certainly the viewing interests and habits of the individuals mentioned above have been considered relevant discovery by law enforcement. In these cases, there's little, if anything, to decipher.  Anything that Netflix knows about you, your account, and your viewing habits, is subject to a warrant, and, with or without much imagination, could be incriminating. How many of us haven't seen a good fictional car case, a well-written murder plot, a scripted street-fight, or a perfectly executed crime? The consumption of such fiction could be hazardous to your defense, if it proceeds similar accusations.

Now, imagine the same evidence available to anyone, without a warrant, subpoena, or probable cause. Perhaps someone at the FTC had the movie "Minority Report" in their queue.

Recently, I had a wonderful opportunity to play a game of hi-tech "phone tag" on the streets of San Francisco with Reporter Martin Kaste from NPR's "All Things Considered". Late last Summer I was  asked if I would be willing to sit down for an interview for a story he was researching about location privacy. But, instead of agreeing to meet Kaste, I told him he had to find me.

With the aid of his GPS-equipped smart-phone, some software, a little patience, and a good pair of walking shoes, he was able to "tag" me sipping a latte outside a coffee shop on Market St. Of course, with my own GPS, and software-equipped smart-phone, I was able to see him coming. What follows are the fruits of that encounter:

Digital Bread Crumbs: Following Your Cell Phone Trail

Jeff Fischbach is a little bit like those guys in The Matrix — when he puts on his shades and looks at the world, he sees data.

Walking down the street in San Francisco, he points out all the devices that record people's comings and goings: digital parking meters, apartment intercom systems, digital security cameras...

Listen to NPR's Digital Bread Crumbs: Following Your Cell Phone Trail

Audio and transcript: http://www.npr.org/templates/story/story.php?storyId=114241860&ft=1&f=1019

How Twitter says they'll hide your location from twits with subpoenas.

Recently, Twitter announced that they would be adding geolocation features to their service, allowing users to embed their physical location in their Twitter feed. As not to alarm: Twitter has always maintained that this would be an opt-in feature. But, frankly, any web site you visit is privy to some information about your physical location by virtue of the IP address assigned to your computer by your Internet Service Provider (ISP) from a group of IP addresses reserved for your neighborhood. The logs kept by a web server, combined with a subpoena to the appropriate ISP, usually yield a street address for the subscriber assigned that IP address.

SmarterWare's Gina Trapani (formerly of Lifehacker.com) is attending the Twitter Conference in LA. She's posted updates explaining how Twitter plans to deploy this service and how they intend to protect its Twitter geolocation users from subpoenas. According to Gina, "Twitter will scrub geo-data stored in tweets more than 14 days old to avoid getting subpoena’d about a user’s location in the past. They will outright delete the location information from their database, not just anonymize."

She also reports that while,

"Twitter usually encourages developers and applications to cache data, in the case of geo, they recommend dropping historical location data so that application developers don’t become a subpoena target, either. They also recommend 'fuzzing' location and time data, so that instead of knowing that Joe Smith was at 8th avenue and 15th street at 2:11PM Eastern time on March 7, 2008, you only show that Joe was in Brooklyn on that day. The geodata-scrubbing isn’t a permanent solution. They are looking into ways to store this data in a 'safe' (anonymized?) way in the future, so they won’t always scrub +14 day old data, just at first."

Purging data that isn't mission critical, but likely to be subpoenaed makes a lot of sense. After all, no one writes "Satisfy search warrants in a timely, efficient, and effective manner" into their corporate mission statement.

While I'm convinced that Twitter's motivation is for the sanctity of the corporation, rather than its user-base, it is a step in the right direction. In fact, the direction is so right that one has to wonder why all personally identifiable user data isn't "scrubbed" every 14 days from most online services. Of course, Twitter's raison d'être, is -- among other things -- to give it's user's messages some life and legacy. It's likely that most of those users would also like to take credit for their various flashes of 140 character brilliance.

Not so, however, every time an individual fires off an instant message (IM), or searches Google. Most instant messaging services, for instance, don't store messages after they are sent, but they do store the sender and recipient's IP addresses, with their account information, and the time they logged in. While Google relies on demographic data, such as geography, income, and search interests, in order to sell ads, it doesn't need to be personally attributable to me. Companies like Google, Yahoo!, Facebook, MySpace and AOL are not in the subpoena response business. But, all of these companies employ subpoena compliance personnel, who add to the cost of doing business, but contribute nothing to the bottom-line. Worse yet, where nearly every individual in these companies, in some way, does something, either directly or indirectly, to add to the end-user experience, subpoena compliance often works in direct opposition to that objective.

As many companies learn when they're sued, subpoena compliance is often so expensive that it's cheaper to settle. A company can't be forced to produce what they don't have. And, with some significant exceptions, a company can't be forced to archive what they don't need.

By the way, I'm not just an end-user of all the services listed above, I'm also one of the twits writing the subpoenas.

Gordon Bell (Source: Gizmodo)

Every time Microsoft researcher Gordon Bell takes a dump he learns something about himself. For instance, he know knows that he's visited 221,173 web sites in the last 8 years, and written or received 156,041 emails. He also knows how well his heart is pumping, how many miles he's walked, where he's been, and even with whom he's spoken and visited. In fact, from what most of us consider a waste product, Bell can even decipher how many songs he's listened to, and see pictures videos of the places he's been and the things he's seen.

Fantastic as this may sound, Bell is not the only person on earth who can do this. The same product is flushed from nearly every person every day in North America, and other industrialized nations. More significantly, while most of us are ignorant or deny the very possibility, the government and large corporations are secretly extracting much the same information from each of us that Bell collects himself.

SenseCam (Source: Microsoft)

What bell flushes he calls MyLifeBits. It's a Microsoft Research project inspired by an idea that dates back to 1945. The modern iteration of the memory index (memex) uses a variety of ever-shrinking devices to capture, store, and index an individual's daily life into what some call a lifelog.

To some extent, many of of us have become lifeloggers through a variety of mechanisms including blogs and social networking. What's notably different about Bell's approach, compared to social networking, life-streaming, life-blogging, or what Toronto Professor Steve Mann has termed Sousveillance, is that MyLifeBits is a personal storage and indexing mechanism, as opposed to a social interaction or broadcast. It is, if you will, a diary of perspective, but not of opinion.

Whereas social networks provide a platform for one to share thoughts, experiences, feelings, opinions and emotions with others, Bell's objective appears to be a personal one, devoid of any of these attributes. Few, if carefully considered, would argue that social networks produce factual content. To the contrary, these memes allow individuals to represent themselves, not as they are, but as they might like the world, or even just a few individuals, to see them--at least, at that moment.