Tag Archives: data dignity

Tesla as Catfish: When China Carps-Tech CEOs Fall in Line

Many countries are wrestling with how to regulate digital records. Some economies, including in Europe, emphasize the need for data privacy, while others, such as China and Russia, put greater focus on government control. The U.S. currently doesn’t have a single federal-level law on data protection or security; instead, the Federal Trade Commission is broadly empowered to protect consumers from unfair or deceptive data practices.

Behind China’s moves is a growing sense among leaders that data accumulated by the private sector should in essence be considered a national asset, which can be tapped or restricted according to the state’s needs, according to the people involved in policy-making. Those needs include managing financial risks, tracking virus outbreaks, supporting state economic priorities or conducting surveillance of criminals and political opponents. Officials also worry companies could share data with foreign business partners, undermining national security.


Beijing’s latest economic blueprint for the next five years, released in March 2021, emphasized the need to strengthen government sway over private firms’ data—the first time a five-year plan has done so. A key element of Beijing’s push is a pair of laws, one passed in June 2021, the Data Security Law,  and the other a proposal updated by China’s legislature in Apr0il 2021. Together, they will subject almost all data-related activities to government oversight, including their collection, storage, use and transmission. The legislation builds on the 2017 Cybersecurity Law that started tightening control of data flows.

The law will “clearly implement a more stringent management system for data related to national security, the lifeline of the national economy, people’s livelihood and major public interests,” said a spokesman for the National People’s Congress, the legislature. The proposed Personal Information Protection Law, modeled on the European Union’s data-protection regulation, seeks to limit the types of data that private-sector firms can collect. Unlike the EU rules, the Chinese version lacks restrictions on government entities when it comes to gathering information on people’s call logs, contact lists, location and other data.

In late May 2021, citing concerns over user privacy, the Cyberspace Administration of China singled out 105 apps—including ByteDance’s video-sharing service Douyin and Microsoft Corp.’s Bing search engine and LinkedIn service—for excessively collecting and illegally accessing users’ personal information. The government gave the companies named 15 days to fix the problems or face legal consequences….

Beijing’s pressure on foreign firms to fall in line picked up with the 2017 Cybersecurity Law, which included a provision calling for companies to store their data on Chinese soil. That requirement, at least initially, was largely limited to companies deemed “critical infrastructure providers,” a loosely defined category that has included foreign banks and tech firms….Since 2021, Chinese regulators have formally made the data-localization requirement a prerequisite for foreign financial institutions trying to get a foothold in China. Citigroup Inc. and BlackRock Inc. are among the U.S. firms that have so far agreed to the rule and won licenses to start wholly-owned businesses in China…

Senior officials have publicly likened Tesla to a “catfish” rather than a “shark,” saying the company could uplift the auto sector the way working with Apple and Motorola Mobility LLC helped elevate China’s smartphone and telecommunications industries. To ensure Tesla doesn’t become a security risk, China’s Cyberspace Administration recently issued a draft rule that would forbid electric-car makers from transferring outside China any information collected from users on China’s roads and highways. It also restricted the use of Tesla cars by military personnel and staff of some state-owned companies amid concerns that the vehicles’ cameras could send information about government facilities to the U.S. In late May 2021, Tesla confirmed it had set up a data center in China and would domestically store data from cars it sold in the country. It said it joined other Chinese companies, including Alibaba and Baidu Inc., in the discussion of the draft rules arranged by the CyberSecurity Association of China, which reports to the Cyberspace Administration…

Increasingly, China’s president, Mr. Xi, leaned toward voices advocating greater digital control. He now labels big data as another essential element of China’s economy, on par with land, labor and capital.  “From the point of view of the state, anti-data monopoly must be strengthened,” said Li Lihui, a former president of state-owned Bank of China Ltd. and now a member of China’s legislature. He said he expects China to establish a “centralized and unified public database” to underpin its digital economy.

Excerpts from China’s New Power Play: More Control of Tech Companies’ Troves of Data, WSJ, June 12, 2021

Your Phone Is Listening: smart-phones as sniffers

U. S. government agencies from the military to law enforcement have been buying up mobile-phone data from the private sector to use in gathering intelligence, monitoring adversaries and apprehending criminals. Now, the U.S. Air Force is experimenting with the next step.

The Air Force Research Laboratory is testing a commercial software platform that taps mobile phones as a window onto usage of hundreds of millions of computers, routers, fitness trackers, modern automobiles and other networked devices, known collectively as the “Internet of Things.” SignalFrame, a Washington, D.C.-based wireless technology company, has developed the capability to tap software embedded on as many as five million cellphones to determine the real-world location and identity of more than half a billion peripheral devices. The company has been telling the military its product could contribute to digital intelligence efforts that weave classified and unclassified data using machine learning and artificial intelligence.

The Air Force’s research arm bought the pitch, and has awarded a $50,000 grant to SignalFrame as part of a research and development program to explore whether the data has potential military applications, according to documents reviewed by The Wall Street Journal. Under the program, the Air Force could provide additional funds should the technology prove useful.

SignalFrame has largely operated in the commercial space, but the documents reviewed by the Journal show the company has also been gunning for government business. A major investor is Razor’s Edge, a national-security-focused venture-capital firm. SignalFrame hired a former military officer to drum up business and featured its products at military exhibitions, including a “pitch day” sponsored by a technology incubator affiliated with U.S. Special Operations command in Tampa, Fla.

SignalFrame’s product can turn civilian smartphones into listening devices—also known as sniffers—that detect wireless signals from any device that happens to be nearby. The company, in its marketing materials, claims to be able to distinguish a Fitbit from a Tesla from a home-security device, recording when and where those devices appear in the physical world. Using the SignalFrame technology, “one device can walk into a bar and see all other devices in that place,” said one person who heard a pitch for the SignalFrame product at a marketing industry event…

“The capturing and tracking of unique identifiers related to mobile devices, wearables, connected cars—basically anything that has a Bluetooth radio in it—is one of the most significant emerging privacy issues,” said Alan Butler, the interim executive director and general counsel of the Electronic Privacy Information Center, a group that advocates for stronger privacy protections. “Increasingly these radios are embedded in many, many things we wear, use and buy,” Mr. Butler said, saying that consumers remain unaware that those devices are constantly broadcasting a fixed and unique identifier to any device in range.

Byron Tau,  Military Tests New Way of Tracking, WSJ, Nov. 28, 2020

Addictive Ads and Digital Dignity

Social-media firms make almost all their money from advertising. This pushes them to collect as much user data as possible, the better to target ads. Critics call this “surveillance capitalism”. It also gives them every reason to make their services as addictive as possible, so users watch more ads…

The new owner could turn TikTok from a social-media service to a digital commonwealth, governed by a set of rules akin to a constitution with its own checks and balances. User councils (a legislature, if you will) could have a say in writing guidelines for content moderation. Management (the executive branch) would be obliged to follow due process. And people who felt their posts had been wrongfully taken down could appeal to an independent arbiter (the judiciary). Facebook has toyed with platform constitutionalism now has an “oversight board” to hear user appeals…

Why would any company limit itself this way? For one thing, it is what some firms say they want. Microsoft in particular claims to be a responsible tech giant. In January  2020 its chief executive, Satya Nadella, told fellow plutocrats in Davos about the need for “data dignity”—ie, granting users more control over their data and a bigger share of the value these data create…Governments increasingly concur. In its Digital Services Act, to be unveiled in 2020, the European Union is likely to demand transparency and due process from social-media platforms…In the United States, Andrew Yang, a former Democratic presidential candidate, has launched a campaign to get online firms to pay users a “digital dividend”. Getting ahead of such ideas makes more sense than re-engineering platforms later to comply.

Excerpt from: Reconstituted: Schumpeter, Economist, Sept 5, 2020

See also Utilities for Democracy: WHY AND HOW THE ALGORITHMIC
INFRASTRUCTURE OF FACEBOOK AND GOOGLE MUST BE REGULATED
(2020)